Legal Opinion

Scranton Private Hospital v. Caum

Superior Court of Pennsylvania

Decided October 11, 1915No. Appeal, No. 41PublishedCited by 6 opinions

Appeal, No. 41, March T., 1915, by plaintiff, from order of O. P. Lackawanna Co., Sitting'in Equity, No. 11, Jan. T., 1913, discharging rule to amend record in case of Scranton Private Hospital v. Frank Caum, William W. May and Patrick R. Reilly, Representing themselves and all others interested in a certain unincorporated association known as Scranton Railway Beneficial Association. Bill in equity. Rule to amend record.

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Appeal, No. 41, March T., 1915, by plaintiff, from order of O. P. Lackawanna Co., Sitting'in Equity, No. 11, Jan. T., 1913, discharging rule to amend record in case of Scranton Private Hospital v. Frank Caum, William W. May and Patrick R. Reilly, Representing themselves and all others interested in a certain unincorporated association known as Scranton Railway Beneficial Association. Bill in equity. Rule to amend record. The petition for the rule set forth that by inadvertence and mistake the defendant, Scranton Railway Beneficial Association, in the bill filed was designated as an…

1Opinion of the Court

Opinion by

Orlady, J.,

The court below refused to allow an amendment to a bill in equity, to change the name of the defendant from certain named individuals — “representing themselves and all others interested in a certain unincorpo*95rated association known as Scranton Railway Beneficial Association” to a corporation, viz: “Scranton Railway Beneficial Association.” It is apparent from the record that the suggested defendant, the corporation, was not in court, and that between the date of service of the bill on the original defendants, and that of the date of moving for that amendment, the statute…

2Cases cited4 opinions

  1. Wright v. Eureka Tempered Copper Co.Supreme Court of Pennsylvania · 1903
  2. Girardi v. Laquin Lumber Co.Supreme Court of Pennsylvania · 1911
  3. Tonge v. Item Publishing Co.Supreme Court of Pennsylvania · 1914
  4. White Co. v. Fayette Automobile Co.Superior Court of Pennsylvania · 1910

3Cited by6 opinions

  1. Powell v. SutliffSupreme Court of Pennsylvania · 1963
  2. Wernick v. Pittsburgh Underwriters AgencySuperior Court of Pennsylvania · 1926
  3. Longstaff v. Tuthill, Pennsylvania Court of Common Pleas, Carbon County1987
  4. Nanstiel v. GillSuperior Court of Pennsylvania · 1937
  5. Thomas v. Duquesne Light Co.Supreme Court of Pennsylvania · 1988

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