White Co. v. Fayette Automobile Co.
Superior Court of Pennsylvania
Appeal, No. 181, April T., 1910, by plaintiff, from order of C. P. Fayette Co., March T., 1909, No. 220, refusing permission to amend the record in case of the White Company v. Fayette Automobile Company. Assumpsit on book accounts. Before Umbel, J. From the record it appeared that the suit was brought on a book account running from September 3, 1907, to August 3, 1908. Other facts appear by the opinion of the Superior Court. Error assigned was order refusing the amendment.
1Opinion of the Court
Opinion by
Orlady, J.,
On January 13,1909, the plaintiff brought this action in assumpsit, and the return to the summons was made in the following form: “January 16, 1909. Served this writ upon the within named Fayette Automobile Company by handing a true and attested copy thereof, together with a copy of the plaintiff’s statement to George Whyel, treasurer, of said Company.” February 16, 1909, George Whyel appeared and pleaded non assumpsit and nul tiel corporation. On January 10, 1910, the plaintiff moved to amend the record by adding the names of the parties defendant, so that they should be…
2Cases cited2 opinions
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- Bell v. AyersCourt of Appeals of Georgia · 1950
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