Yost v. Eby
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. A suit had been brought before a justice of the peace in the name of William Patton and Christian Umble, as trustees and assignees of the late firm of Eby & Lightner, v. Christian Yost. Eby & Lightner, as partners, were merchants in Lancaster county. Christian Yost was a farmer, residing in their neighborhood.
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Error to the Common Pleas of Lancaster county. A suit had been brought before a justice of the peace in the name of William Patton and Christian Umble, as trustees and assignees of the late firm of Eby & Lightner, v. Christian Yost. Eby & Lightner, as partners, were merchants in Lancaster county. Christian Yost was a farmer, residing in their neighborhood. It was alleged on his part, that in the winter of 1848 and spring of 1849, he delivered to Eby & Lightner 448§§ bushels of wheat by weight, which they were to keep in store for him till he ordered it to be delivered in Philadelphia. The…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
The Act of 1806, relative to the amendment of pleadings, declares that “ when, in the opinion of the Court, an informality in a declaration or plea will affect the merits of the cause, the plaintiff shall be permitted to amend his declaration or statement, and the defendant may alter his plea or defence,'on or before the trial of the cause.” The effect of this Act has been to make amendments, which before were discretionary, a matter of right, which it was error to refuse: 13 Ser. & R. 248; 6 Barr 88; 8 Watts 461, &c. Reason and justice…
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