Wilson & Anderson ex rel. First National Bank v. Arnold

Citations

• 172 Pa. 264
• 33 A. 552
• 1896 Pa. LEXIS 769

Syllabus

<p>Execution— Confessed judgment — Waiver of exemption — Duty ofprothonotary to inspect record — Testatum fl. fa. — Negligence.</p> <p>When the prothonotary is directed to issue a testatum fieri facias it is his duty to inspect the record of the plaintiffs judgment and see that the writ conforms thei’eto in every material particular. If he neglects to do so and in consequence thereof any part of the claim is lost, he is liable to respond in damages to the extent of the plaintiff’s loss.</p> <p>Where a judgment note contains a waiver of exemption, and the prothonotary in issuing an alias testatum fieri facias upon the judgment entered on the note, neglects to note in the writ such waiver, and the defendant claims the exemption, and nothing is made on the execution, the prothonetary is liable to the plaintiff for the loss.</p>