Commonwealth ex rel. Cohen v. Roberts

Soffel, J.,

The Commonwealth of Pennsylvania, acting through Herbert B. Cohen, Attorney General, as relator, instituted suit in mandamus to compel David B. Roberts, prothonotary of the Court of Common Pleas of Allegheny County, to file, docket, issue and index a writ of *258amicable scire facias sur judgment and to enter thereon the sheriff’s return on payment of a fee of $2.25.

Defendant has moved for judgment on the pleadings alleging:

First: The court lacks jurisdiction because (a) the prayer of the petitioner requests a series of acts, (b) a necessary party was not joined and (c) there is an…