Appeal, No. 153, March T., 1951, from order of Court of Common Pleas of Allegheny County, Jan. T., 1951, No. 1910, in case of Alice Johnston Williams v. Willard Van Kemp and Bette Heckman, now known as Elizabeth C. Fulghum. Order affirmed.
John A. Metz, Jr., with him Metz & Metz, for appellant.
Robert Raphael, with him Meyer W. Gordon, for appellee.
Before Drew, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.
OPINION BY MR. JUSTICE BELL
Was the lower court correct in holding that the Act of April 16, 1840,*fn* providing for the transfer of a judgment from one county to another county within the Commonwealth, requires "a certified copy of the whole record in the case," or is an exemplified copy of the Appearance Docket and the Judgment Docket sufficient? This is the narrow and sole question involved.
The case arose on a scire facias to revive and continue the lien of a judgment entered in the Court of Common Pleas of Allegheny County on an "exemplification of the docket record in" the Crawford County Court. The court of common pleas quashed the writ for the reason that the exemplification of the record was not an exemplification of the whole record in the case, but merely of appearance and judgment dockets.
The exemplification of record entered in the Court of Common Pleas of Allegheny County is as follows:
"Commonwealth of Pennsylvania,
"Among the Rolls, Records, and Judicial Proceedings of the Court of Common Pleas for the County of Crawford, in the Commonwealth of Pennsylvania, the following may be found as matter of file and of record at No. 61 of November Term, 1937, to-wit:
"APPEARANCE DOCKET ENTRY.
"No. 61 November Term, 1937.
ALICE JOHNSON WILLIAMS, vs. WILLARD VAN CAMP and BETTE HECKMAN Issued Oct. 27, 1937
Summons in Trespass, Returnable to next term,
Oct. 27, 1937, Statement of Claim filed & two ...