Sandback v. Quigley
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. Elizabeth Sandback, for the use of Andrew M’Farland, against James Quigley. This was an action of dower, in which the defendant pleaded “ i%e ungues decouple.” The cause afterwards came on for trial and the defendant withdrew his plea, and pleaded “tout temp prist;” to which there was no replication.
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ERROR to the district court of Allegheny county. Elizabeth Sandback, for the use of Andrew M’Farland, against James Quigley. This was an action of dower, in which the defendant pleaded “ i%e ungues decouple.” The cause afterwards came on for trial and the defendant withdrew his plea, and pleaded “tout temp prist;” to which there was no replication. On the trial of the cause, the defendant asked leave of the court to withdraw the plea of “ tout temp prist,” and to plead “ that the plaintiff was dead before suit brought.” To this the plaintiff objected: 1. Because the death of a party before…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The granting and refusal of amendments at common law, are so much in the discretion of the court, as not to be the subject of error. Thus, in Burke v. Herber, 2 Watts 206, it is ruled, that it is not error to refuse to permit a plaintiff to amend his declaration, after a judgment o/ demurrer against him. It is there said, on the authority of Renniger v. Thompson, 6 Serg. & Rawle 2; and The King v. The Mayor and Burgesses of Grampond, 7 Term Rep. 699, that matters in pure discretion are not the subject of a writ of error; that amendments, by…
2Cases cited4 opinions
- Newlin v. PalmerSupreme Court of Pennsylvania · 1824
- Glazer v. LowrieSupreme Court of Pennsylvania · 1822
- Maus's Lessee v. MontgomerySupreme Court of Pennsylvania · 1823
- Hersha v. BrennemanSupreme Court of Pennsylvania · 1820
3Cited by14 opinions
- Thompson v. PeckSupreme Court of Pennsylvania · 1935
- Grimm, R. v. Grimm, A.Superior Court of Pennsylvania · 2016
- Knapp v. HartungSupreme Court of Pennsylvania · 1873
- Armstrong v. NixonTexas Supreme Court · 1856
- Hurst v. FisherSupreme Court of Pennsylvania · 1841
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