Vichosky v. Boucher

Opinion

by Hirt, J.,

Plaintiff brought an. action in assumpsit before a Justice of the Peace and recovered a judgment, against the defendant for $298. To get a lien against defendant’s land, a transcript of the judgment was filed of record in the prothonotary’s office on November 14, 1941. Plaintiff issued scire facias on October 14,1946 to revive the lien of the judgment. Defendant, in his affidavit, of defense to the writ, averred that the judgment is void and that its invalidity appears on the face of the transcript. The affidavit of defense in effect is a motion to strike off the judgment.…