Carruthers v. Ginsburg

MOSS, J.,

One of three defendants has filed a preliminary objection to the complaint, the objection being that the complaint states a cause of action against one defendant, whereas the praecipe for writ of summons whereby this action was instituted names three defendants.

Dr. Silas J. Ginsburg, who filed the preliminary objection, contends that, in effect, plaintiffs have attempted to discontinue the action as to less than all defendants without leave of court and in violation of Pa.R.C.P. 229(b).

The record discloses that the action was instituted by the filing of a praecipe for summons in…