Jonasson v. Paul

Citations

• 45 Pa. Super. 120
• 1911 Pa. Super. LEXIS 8

Syllabus

<p>Justice of the peace—Amendment of name—Judgment—Transcript— Scire facias—Fieri facias—Execution.</p> <p>Where a judgment is entered against a defendant by a justice of the peace, and subsequently a scire facias is issued to amend the name of the defendant so as to bring in the real party, but the writ is not served upon the real party, and thereafter without any judgment having been entered on the scire facias against the real defendant, a transcript of the justice’s record is filed in the common pleas and a fieri facias is issued thereon, the defendant named as the real party is entitled to have the execution stayed inasmuch as there was no judgment against him on the scire facias.</p>