Chester & Tamaroa Coal & Railroad v. Lickiss

It is first insisted that the court erred in not quashing the summons, and in permitting appellees to amend the summons. In this there was no error. The only defect in the summons was a failure to name the form of action, and the court permitted its amendment by inserting the words “ in an action of assumpsit.” The amendment was merely formal, and is allowed by the 23d section of the Practice Act of 1872, (Sess. Laws, 352). That section allows amendments at any stage of a proceeding before final judgment, either in form or substance, on proper terms. This being merely a formal amendment, it…