Johns' Estate

Citations

• 253 Pa. 532
• 98 A. 719
• 1916 Pa. LEXIS 885

Syllabus

<p>Judgments — Revival—Scire facias “sued out” or “issued” — Failure of prothonotary to deliver writ to sheriff.</p> <p>A writ of scire facias to revive a judgment is not “sued out” or “issued” within the meaning of the Act of June 1, 1887, P. L. 289, when, in pursuance of a prsecipe, the writ is prepared by the prothonotary, marked filed, indexed and docketed, hut remains in the prothonotary’s office and is never delivered to the sheriff for service, and such writ does not therefore continue the lien of a judgment. A writ is not “issued” or “sued out” until it passes from the hands of the prothonotary to the sheriff for service.</p>