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.
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.