Legal Opinion

Moore v. Porter

Supreme Court of Pennsylvania

Decided November 14, 1825PublishedCited by 1 opinion

CASE STATED. This was a writ of error to the Court of Common Pleas of Lancaster county, in a suit brought there by Daniel Moore, Esquire, prothonotary of this court, against G. B. Porter, Esquire, one of the attorneys of this court, and the following points were stated, and submitted to the opinion of the court below, who rendered judgment for the defendant. 1. Where the defendant below takes out the writ of error, and thereby becomes plaintiff in error, and the judgment of…

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CASE STATED. This was a writ of error to the Court of Common Pleas of Lancaster county, in a suit brought there by Daniel Moore, Esquire, prothonotary of this court, against G. B. Porter, Esquire, one of the attorneys of this court, and the following points were stated, and submitted to the opinion of the court below, who rendered judgment for the defendant. 1. Where the defendant below takes out the writ of error, and thereby becomes plaintiff in error, and the judgment of the inferior court against the defendant is affirmed, how can the prothonotary of the Supreme Court recover the costs…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

This is a case stated, relating solely to the remedy which the prothonotary of this court has for the recovery of his fees. The party for whom the services are done, is responsible for the fees, and to him is the officer to look. When judgment is obtained and an execution issued, it has been usual for the sheriff to pay to the several officers the fees due to them in the suit. But the prothonotary has no right to order the execution to be issued, because' no judgment was rendered for him. When the plaintiff obtains judgment, he may issue…

2Cited by1 opinion

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