Bender v. Penfield
Supreme Court of Pennsylvania
Appeal No. 165, Jan. T., 1911, by plaintiffs from order of C. P. No. 2, Phila. Co., June T., 1907, No. 815, refusing to take off non-suit in case of Oscar Bender, by Ms next friend and father, Joseph Bender and Joseph Bender, Individually v. Anne W. Penfield, formerly Anne M. Weightman Walker, Sole Devisee under the last Will and Testament of William Weightman, deceased. Trespass to recover damages for personal injuries.
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Appeal No. 165, Jan. T., 1911, by plaintiffs from order of C. P. No. 2, Phila. Co., June T., 1907, No. 815, refusing to take off non-suit in case of Oscar Bender, by Ms next friend and father, Joseph Bender and Joseph Bender, Individually v. Anne W. Penfield, formerly Anne M. Weightman Walker, Sole Devisee under the last Will and Testament of William Weightman, deceased. Trespass to recover damages for personal injuries. Before Wiltbank, J. The case turned upon the validity of an amendment, as appears by the opinion of the Supreme Court. Error assigned was refusal to take off non-suit.
1Opinion of the Court
Opinion by
Me. Justice Stewaet,
At the institution of this action process by summons went out against the estate of William Weightman, deceased. It was returned served, but upon whom does not appear. The circumstance is immaterial, since a general appearance for the estate followed. Two years after the action had been begun an amendment was allowed whereby the name of defendant was changed so as to read Anne W. Penfield, formerly Anne M. Weight-man Walker, surviving executor of the estate of William Weightman, deceased. Later on a rule was made absolute changing the name of defendant to Anne W.…
2Cases cited2 opinions
- LaBar v. New York, Susquehanna & Western RailroadSupreme Court of Pennsylvania · 1907
- Garman v. GlassSupreme Court of Pennsylvania · 1900
3Cited by11 opinions
- Hallaway v. ThompsonTexas Supreme Court · 1950
- Sanders v. MetzgerDistrict Court, E.D. Pennsylvania · 1946
- Miller, Admrx. v. Jacobs, Admrx.Supreme Court of Pennsylvania · 1949
- Hanley Et Ux. v. Ryan Et Ux.Superior Court of Pennsylvania · 1925
- Barrett v. First Mechanics National BankSuperior Court of Pennsylvania · 1938
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