Beck v. Finnefrock

Citations

• 72 Pa. Super. 537

Syllabus

<p>Practice, O. P. — Judgment on order certified from quarter sessions — Execution—Act of May 8,1901, P. L. UfS.</p> <p>1. Under the provisions of Section 1 of the Act of May 8, 1901, P. L. 143, which authorizes the certification of an order or sentence of the quarter sessions court to the court of common pleas and its entry and indexing therein as a judgment, such judgment shall have like force and effect as if the same had been entered in the court of common pleas and had been recovered therein as a judgment of that court. The force and effect thus to be given the judgment in the common pleas is to be of the date of its entry in that court, and not the date when the sentence was pronounced, in the court of quarter sessions.</p> <p>2. A writ of fi. fa. for the collection of such judgment may be issued within five years from its entry without first issuing a writ of scire facias quare executionem non to revive the same.</p> <p>3. Section 2 of the Act of May 8, 1901, P. L. 143, providing that when said order, sentence, decree or judgment is filed as a judgment of the court of common pleas, the same may be revived by scire facias et quare executionem non, and be collectible by writ of fi. fa., etc., does not require that the judgment must be revived by scire facias quare executionem non, before it may be collected by a writ of fieri facias. Such a course would not be necessary with respect to a judgment less than five years old originally recorded in the court of common pleas, and as, by the provisions of the act, the judgment is to have the same force and effect and the writ of execution on it is to issue in the same manner, as on a judgment in the common pleas, execution may issue on a writ of fieri facias without a previous revival.</p>