Lyon v. Toriello

OPINION

By PHILLIPS, J.

By consideration of the court of common pleas in September 1934 plaintiff’s decedent obtained a judgment against defendant-appellee O’Neill Toriello, in an action filed in that court on March 1, 1933, in which resident service was obtained upon defendant; and in which he answered generally denying the allegations of plaintiff’s petition, alleging contributory negligence, and not attacking service upon him.

*101On October 25, 1951, the court of common pleas issued an order reviving such judgment against defendant-appellee.

On November 8, 1951, defendant-appellee filed a motion…