Commonwealth v. Hultz
Commonwealth v. Hultz
Opinion of the Court
:It is now so firmly settled by repeated and unvarying decisions, that although the Supreme Court may, by the writ of mandamus, order an inferior judicial officer to proceed to judgment, it had no power to compel him to decide according to the dictate of any judgment than his own; that it almost savors of affectation to cite particular cases in proof of the rule. Avoiding the cumbersome task of even referring to the numerous authorities which might be collected on this subject, I may yet be permitted to mention our own cases of Commonwealth v. Judges of Common Pleas, 3 Binn. 272; Griffith v. Cochrane, 5 Binn. 87; Commonwealth v. Judges of Common Pleas, 1 Serg. & Rawle; 187 ; and Drexel v. Mann, 6 Watts & Serg. 386; in which the whole doctrine was elaborately discussed and fully considered, and all of which in accordance with more ancient authorities attain the same conclusion, that where the complaint is against a person who acts in a judicial or deliberative capacity, he may be ordered by mandamus to proceed to his duty, by deciding and acting according to the best of his judgment, but the court will not direct him in what manner to decide. The application of this principle to the present case decides it adversely to the pretensions of the relators; for although the proceeding assumes the guise of a rule to show cause in the nature of an alternative mandamus against the prothonotary of the Court of Common Pleas, and is said to be warranted by the eighteenth section of the act of the'IGth June, 1836, which gives the writ of mandamus against all officers and magistrates elected or appointed in the particular county, it is, in fact, an attempt to coerce the discretion of the court below, in relation to a proposed amendment or alteration of its record. The paper book shows that the relators, by motion, applied to the proper court, to direct the prothonotary as its officer, to amend the record in the particular sought, and that this motion was denied. In thus deciding, the court exercised a purely judicial function in a matter eminently and exclusively within its jurisdiction. To it the law extends the custody of its own records, the supervision of them, and the power of amendment in proper cases, but it confers not this power upon another and a distinct tribunal. The prothonotary is its mere instrument for the purpose of making corrections and amendments, and can regularly do neither without the direction and authority of the court. It is the court which is to decide in every instance, when this is proper; and its officer possesses no discretion whatever over the subject. But here the court decided the very question of the proposed alteration, having that question properly and legally before them. It
It was.made a question on the argument whether, as no mandamus was in fact issued by the court below, a writ of error can be sued out under the 32d section of the act of 1836 ? It is not necessary to decide this question in the terms in which it is put, inasmuch as the conclusion to which we have arrived denies, in effect, the power of this court to revise the order of the Common Pleas made in the case.
Wherefore the order made is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.