Siewers v. Commonwealth ex rel. Hauseman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Carbon county: Of January Term 1878, No. 61. Debt by the Commonwealth of Pennsylvania to the use of Alexander Hauseman against J. H. Siewers, late prothonotary of the Court of Common Pleas of Carbon county, and his sureties, on the official bond of said prothonotary. At the trial it appeared that on July 30th 1868, Siewers made a search for judgments against James Anthony, for which the latter paid.
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Error to the Court of Common Pleas of Carbon county: Of January Term 1878, No. 61. Debt by the Commonwealth of Pennsylvania to the use of Alexander Hauseman against J. H. Siewers, late prothonotary of the Court of Common Pleas of Carbon county, and his sureties, on the official bond of said prothonotary. At the trial it appeared that on July 30th 1868, Siewers made a search for judgments against James Anthony, for which the latter paid. After the search ho gave Anthony the following certificate:— Hauseman, the plaintiff, had left certain moneys with Thomas Beck to be loaned out, and on August…
1Opinion of the CourtChief Justice Agnew
The learned judge below followed closely the current of. decisions in this state. He hold that for the accuracy and truthfulness of his search and certificate, the prothonotary is responsible to the person for whom it was made and not to others. Commonwealth v. Harmer, 5 Am. Law Reg. N. S. 214 also 6 Phila. R. 90; Houseman v. Girard Loan & Building Association, 31 P. F. Smith 256. The reasons given in Commonwealth v. Harmer, appear to be satisfactory. The officer owes a single duty, which is to him who employs him to search and certify. If a new duty to another arises, it must be because of a…
2Cases cited1 opinion
- M'Caraher v. CommonwealthSupreme Court of Pennsylvania · 1842
3Cited by7 opinions
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- Hunter-Wilson Distilling Co. v. Foust Distilling Co.District Court, M.D. Pennsylvania · 1949
- Petticord v. JoyceSupreme Court of Pennsylvania · 1987
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
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