Justices of the peace — Writ of certiorari — Transcript — Substitute transcript — Husband and wife as defendants — Service of process — Pa. R.C.P. No. 1009(2).
1. An amended transcript may be filed by a justice of the peace even after certiorari and after a prior defective transcript has been filed.
2. Under Pa. R.C.P. No. 1009(2), valid legal service of a transcript may be made upon a defendant by handing a true and correct copy of the transcript to his wife at their residence.
3. In a proceeding upon a writ of certiorari, the court is bound by the facts as set forth in the transcript of the justice of the peace and cannot consider other testimony.
4. In this case, in which it appeared that, after judgment by default was entered against both defendants, husband and wife, defendants applied for a writ of certiorari; that the original transcript filed by the justice of the peace disclosed that service of the summons was made upon defendants by handing a true and attested copy thereof to wife-defendant at her residence; that the justice of the peace subsequently filed a substituted transcript, which stated that service of the summons was made upon wife-defendant personally by handing her a copy at her residence and that service was made upon husband-defendant by handing a true and attested copy thereof to wife-defendant, an adult member of the family, at their residence; and that wife-defendant filed an affidavit to the effect that the constable did not leave a copy of the summons with her for her husband; it was Held that the order of the court below, refusing the writ of certiorari, should be affirmed.
Argued April 13, 1959.
OPINION PER CURIAM, June 10, 1959:
The order of the court below is affirmed on the opinion of Judge MARSHALL, reported in 17 Pa. D. C. 2d 143.