Practice — Judgments — Revival — Scire facias — Writ undated, unsigned, and without seal of court — Amendment — Laches — Equitable doctrine.
1. Where it appeared that plaintiff filed a praecipe for a writ of scire facias to revive a judgment; that the copy of the writ in the office of the prothonotary was undated, unsigned by the prothonotary, and did not have the seal of the court affixed thereto; and that the sheriff filed a return of service showing personal service of the writ upon the defendants; it was Held that plaintiff's petition to amend the writ in order to correct the defects therein was properly allowed.
2. The purpose of a writ of scire facias is to serve notice upon the defendants of the plaintiff's action, in order that they may enter a defense.
3. Where it appeared that plaintiff filed his praecipe in January, 1955; that in March, 1955, on the return day of the writ, defendant, terre-tenant, entered an appearance d.b.e. and filed a motion to quash the writ; that, after the date for argument had been fixed, plaintiff's counsel in November, 1956, filed the petition to amend the writ nunc pro tunc; and that the judgment sought to be revived would not have lapsed until July, 1955; it was Held, in the circumstances, that plaintiff was not barred by laches.
4. The doctrine of laches is an equitable doctrine, and it will not be invoked because of the mere passage of time where the rights of the complaining party have not been impaired.
Argued April 11, 1957.
OPINION PER CURIAM, July 25, 1957:
The decree of the court below is affirmed on the opinion of President Judge CYRUS M. PALMER, as reported in 8 Pa. D. C.2d 762.