Provident Trust Co. v. Werner

Opinion by

Mr. Justice Jones,

The Provident Trust Company, the legal plaintiff and appellant, assigns for error an order by the court below making absolute the defendants’ rule to quash a testatum writ of fieri facias which the legal plaintiff had caused to be issued on a judgment in its favor against the defendants in the Court of Common Pleas of Allegheny County. The question involved is whether the appellant complied with the requirements of Sec. 76 of the Act of June 16,1836, P. L. 755 (12 P.S. § 2631) in respect of the issuance of a testatum writ.

In 1935, the defendants executed and…