FORREST, J., June 3, 1953.
This matter comes before us upon a writ of certiorari issued to Francis X. Walsh, one of the justices of the peace of this county to return to this court his record wherein he recorded judgment to plaintiff. One of the contentions of defendant is that the record of the case, as certified to this court, contains a fatal procedural error in that the summons was in assumpsit and in accordance with the affidavit of the justice of the peace attached...
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