Weiler v. Weiss
Superior Court of Pennsylvania
Appeal, No. 100, April T., 1904, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1902, No: 650, overruling demurrer in case of Emanuel Weiler and Abram Weiler, trading as Weiler Brothers, v. Theodore Weiss. Demurrer to amended statement.
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Appeal, No. 100, April T., 1904, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1902, No: 650, overruling demurrer in case of Emanuel Weiler and Abram Weiler, trading as Weiler Brothers, v. Theodore Weiss. Demurrer to amended statement. McClung, J., filed the following opinion: ' [This case was tried on January 29,1903. There was testimony to the'effect that defendant in various ways assumed liability for the present claim of plaintiffs, which was for liquors sold to defendant’s son. The jury was instructed that as to other promises or alleged promises the statute of frauds…
1Opinion of the Court
Per Curiam,
On July 18,1903, by leave of court, the plaintiffs filed an amended statement. On July 22 the defendant filed a demurrer thereto, in which he alleged, inter alia, that, the amended statement was permitted to be filed without notice to the defendant or his counsel. In the recent case of Comrey v. East Union Township, 202 Pa. 442, it was held that no amendment of the record of a case, which is more than merely formal, should be allowed without notice to the opposite party. But where upon motion to strike off, or other proceeding having that object in view, the opposite party has been…
2Cases cited1 opinion
- Comrey v. East Union TownshipSupreme Court of Pennsylvania · 1902