Wilson and Stokes Co. v. Miller et al

Full title: Wilson and Stokes Company v. Miller et al., Appellants

Court: Superior Court of Pennsylvania

Date published: Jun 20, 1960

162 A.2d 229 (Pa. Super. Ct. 1960)

162 A.2d 229

Opinion

June 14, 1960.

June 20, 1960.

Practice — Execution — Sheriff's sale — Exceptions — Collateral attack upon judgment obtained before justice of the peace — Failure to allege irregularity in execution or sale — Jurisdiction of justice of the peace — Amount of judgment — Act of December 9, 1955, P.L. 814.

In this case, in which it appeared that plaintiff obtained a judgment against defendants before a justice of the peace, following which a transcript was filed in the court below and execution issued against defendants' real estate, which was subsequently sold at sheriff's sale; and that defendants filed exceptions to the sale, most of which constituted a collateral attack upon the judgment itself and none of which alleged any irregularity in the execution or sale, and contended that the justice of the peace was without jurisdiction in that the judgment exceeded the statutory limitation (although it was within the increased jurisdictional amount set forth in the Act of December 9, 1955, P.L. 814); it was Held that the order of the court below sustaining plaintiff's preliminary objections to the exceptions and dismissing the exceptions should be sustained.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.

Appeal, No. 67, Oct. T., 1960, from order of Court of Common Pleas of Bucks County, March T., 1959, No. 26, in case of The Wilson Stokes Company v. Charles R. Miller et al. Order affirmed; reargument refused July 7, 1960.

Same case in court below: 20 Pa. D. C. 2d 747.

Proceeding upon exceptions of defendants to sheriff's sale of real estate after judgment obtained before a justice of the peace.

Plaintiff's preliminary objections sustained and order entered dismissing exceptions, opinion by BIESTER, P.J. Defendants appealed.

Josephine Lippi Mullen, for appellants.

Charles J. Conturso, for appellee.

Submitted June 14, 1960.

OPINION PER CURIAM, June 20, 1960:

The order of the court below is affirmed on the opinion of President Judge Biester of the Court of Common Pleas of Bucks County as reported in 20 Pa. D. C. 2d 747.