Commonwealth ex rel. Orris v. Roberts

Dissenting Opinion by

Mr. Justice Bell:

■ The question involved is narrow but very important —Is the Prothonotary of Allegheny County and his surety liable on his official bond to a judgment creditor who was damaged by the failure of the Prothono-tary’s authorized clerk to properly index a judgment?

The facts are admitted. The use claimant properly brought an action of assumpsit in the name of the Commonwealth against Roberts and the surety on Roberts’ official bond. The Superior Court entered a judgment for the plaintiff. Roberts alone appealed. We believe it is a justifiable inference that the…