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COM. ORRIS v. ROBERTS et al.

392 Pa. 572 (1958)

Commonwealth to the use of Orris v. Roberts et al., Appellants.

Supreme Court of Pennsylvania.

May 2, 1958.

Attorney(s) appearing for the Case

William H. Eckert, with him Ralph H. Smith, Jr., Roderick G. Norris and Smith, Buchanan, Ingersoll, Rodewald & Eckert, for individual defendant, appellant.

J.M. McCandless, for defendant surety company.

Julius J. Lorenzi, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, May 2, 1958:

This action in assumpsit was instituted in the name of the Commonwealth to the use of Pete Orris against David B. Roberts and the Continental Casualty Company, as surety on Roberts' fidelity bond as prothonotary of Allegheny County, to recover damages suffered by the use-plaintiff through the negligence of a clerk in the prothonotary's office.

The defendants filed preliminary objections to the complaint setting...

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