FORTNEY, P. J., August 19, 1957.
In this action Max Hile, defendant above, attacks a judgment entered against him by a justice of the peace in favor of plaintiff, Elstun B. Beachel. The transcript of the judgment is filed in our court of common pleas. Defendant by petition seeks to have the judgment stricken from the record, or in the alternative, the judgment opened and he be permitted to defend, or in the alternative, the allowance of an appeal nunc pro tunc.
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