Horbach v. Knox
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of assumpsit by John Knox, James Boggs and John Knox, partners trading in the name of Knox, Boggs & Co., for the use of William Wilson and David Knox, their assignees, against Abraham Horbach. Depositions were taken on behalf of the plaintiff to sustain his cause of action, by which it appeared that James A. Knox, instead of John Knox, was the member of the firm.
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ERROR to the District Court of Allegheny county. This was an action of assumpsit by John Knox, James Boggs and John Knox, partners trading in the name of Knox, Boggs & Co., for the use of William Wilson and David Knox, their assignees, against Abraham Horbach. Depositions were taken on behalf of the plaintiff to sustain his cause of action, by which it appeared that James A. Knox, instead of John Knox, was the member of the firm. The plaintiff’s counsel, therefore, asked the court below to permit him to amend his pleadings by striking out John and inserting James A. The court permitted the…
1Per curiam
We have been liberal in the allowance of amendments to excess, but we have not felt ourselves at liberty to go the length required. On the contrary, we refused such an amendment in Wilson v. Wallace, (8 Serg. Rawle 53), a case of the same stamp. Perhaps courts ought to be clothed with an unlimited power to amend at discretion, to attain complete justice; but it cannot be assumed without the authority of a statute. We have no such statute for the case before us; for it was held in Wilson v. Wallace that the Act of the 28th of March 1818 embraces no more than suits by executors, administrators,…
2Cited by1 opinion
- Horbach v. Knox, Boggs & Co.Supreme Court of Pennsylvania · 1847