Reihart v. Hess

Sheely, P. J.,

On August 6, 1946, plaintiff caused judgment to be entered against defendant for want of an affidavit of defense in an action of assumpsit. On April 14, 1947, eight months later, and after plaintiff had instituted an equity action seeking to set aside a transfer of real estate by defendant, defendant filed the present petition to strike off the judgment alleging that the judgment was defective in that (1) the sheriff’s return of service of the summons shows that no true and attested copy of the writ of summons was delivered to, or served upon, defendant; (2) as shown on the…