Toth v. Bergstein

Opinion by

Wright, J.,

On May 12, 1959, after hearing in an assumpsit action, a Justice of the Peace in South Huntingdon Township, Westmoreland County, entered judgment in favor of Alfred S. Toth and against Adolph Bergstein in the amount of fá94.18. The record discloses that both Toth and Bergstein were sworn and testified at the hearing. On May 23, 1961, a transcript was filed in the court of common pleas and judgment entered. On November 7, 1963, an execution was issued. On November 15, 1963, Bergstein filed a praecipe for a writ of certiorari with exceptions. The court below directed that,…