Wilson & Anderson ex rel. First National Bank v. Arnold
Supreme Court of Pennsylvania
Appeal, No. 75, Oct. T., 1895, by J. H. Wilson, tlie use plaintiff, from judgment of C. P. Clarion Co., Jan. T., 1885, No. 17, on verdict for defendant. Trespass against the prothonotary for negligence in issuing a writ of alias testatum fieri facias. Before White, P. J., of the 40th judicial district, specially presiding.
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Appeal, No. 75, Oct. T., 1895, by J. H. Wilson, tlie use plaintiff, from judgment of C. P. Clarion Co., Jan. T., 1885, No. 17, on verdict for defendant. Trespass against the prothonotary for negligence in issuing a writ of alias testatum fieri facias. Before White, P. J., of the 40th judicial district, specially presiding. The court charged as follows: This is an action brought by Wilson & Anderson to the use of the First National Bank of Clarion, now for the use of J. H. Wilson against M. Arnold. It is the effort of the plaintiff to charge Mr. Arnold, the defendant, for responsibility to the…
1Opinion of the Court
Opinion bv
Mr. Chief Justice Sterrett,
When the defendant, as prothonotary of the court of common pleas of Clarion county, was directed to issue the alias (improperly called “ pluries ” ) testatum fieri facias in question, it was manifestly his duty to inspect the record of plaintiff’s judgment and see that the writ conformed thereto in every material particular. If he neglected to do so and in consequence thereof any part of the-claim was lost, he is liable to respond in damages to the extent of plaintiff’s loss. As shown by the record the judgment was regularly entered “ by virtue of a…
2Cases cited1 opinion
- Hageman v. SalisberrySupreme Court of Pennsylvania · 1873
3Cited by4 opinions
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
- Raitport v. Provident National BankDistrict Court, E.D. Pennsylvania · 1978
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
- Commonwealth v. RobertsSuperior Court of Pennsylvania · 1957