Legal Opinion

Tyrrill v. Lamb

Supreme Court of Pennsylvania

Decided January 3, 1881PublishedCited by 7 opinions

Error to the Court of Common_Pleas of Crawford county: Of October and November Term, 1880, No. 269. This action was originally covenant brought June 13th 1870, by J M. Tyrrill, administrator of R. S. Tyrrill, deceased, and E.' Simmons, to tbe use of P. Crossman, against Alfred Lamb and John Lamb.

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Error to the Court of Common_Pleas of Crawford county: Of October and November Term, 1880, No. 269. This action was originally covenant brought June 13th 1870, by J M. Tyrrill, administrator of R. S. Tyrrill, deceased, and E.' Simmons, to tbe use of P. Crossman, against Alfred Lamb and John Lamb. On the 6th of January 1865, Alfred Lamb and John Lamb, executors of John Lamb, deceased, agreed, by writing under seal, to sell to Robert Tyrrill, F. Simmons and J. P. Penno.ek one piece of land in Harmony township, Venango county, Pa., containing one hundred acres, for the sum of $4000 ; and one…

1Opinion of the CourtJustice Mercur

The right of amendment has been very much enlarged by several Acts of Assembly. The Act of 10 th May 1871 gives power to the court, to change the form of action if the same shall be necessary for a proper decision of the cause on its merits. Although the power is thus given, it should be exercised with due regard to the *468rights of both parties. It should not be allowed so as to deprive the opposite party of any valuable right: Trego et al. v. Lewis, 8 P. F. Smith 468; Kaul et al. v. Lawrence et al., 23 Id. 410; Kille v. Ege, 1 Norris 102; Leeds v. Lockwood, 3 Id. 70. While in a proper case the…

2Cited by7 opinions

  1. Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
  2. Miners Savings Bank v. NaylorSupreme Court of Pennsylvania · 1941
  3. First N. B. of Tamaqua v. ShoemakerSupreme Court of Pennsylvania · 1887
  4. Severance v. Heyl & PattersonSuperior Court of Pennsylvania · 1934
  5. Arlia v. Philadelphia Transportation Co., Pennsylvania Court of Common Pleas, Philadelphia County1950

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