McCready v. Gans
Supreme Court of Pennsylvania
Appeal, No. 389, Jan. T., 1913, by plantiffs, from order of C. P. Fayette Co., Sept. T., 1911, No. 377, sustaining demurrer to plaintiffs’ statement of claim and refusing to permit plaintiffs to amend statement of claim in case of James A. McCready, Vincent Stevens and Joseph E. Barnes, acting as Syndicate Managers, now for the use of Charles Fahr and George D. Trawin, Trustees for themselves and for Frank R. Shryock, John J. Shryock, Cyrus See, and Roland B. Thompson and…
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Appeal, No. 389, Jan. T., 1913, by plantiffs, from order of C. P. Fayette Co., Sept. T., 1911, No. 377, sustaining demurrer to plaintiffs’ statement of claim and refusing to permit plaintiffs to amend statement of claim in case of James A. McCready, Vincent Stevens and Joseph E. Barnes, acting as Syndicate Managers, now for the use of Charles Fahr and George D. Trawin, Trustees for themselves and for Frank R. Shryock, John J. Shryock, Cyrus See, and Roland B. Thompson and Maria Thompson, executors of the last will and testament of Henry H. Thompson, deceased, v. William L. Gans and Henry B.…
1Opinion of the Court
Per Curiam,
The order of the court below sustaining the demurrer, entered July 16, 1912, was a final judgment in favor of the defendants, and must be tested by the record as it stood at that time. Until that judgment was opened or vacated, no amendment of the statement of claim could be allowed: Stephens v. Myers, 12 Pa. 302; Wood v. Anderson, 25 Pa. 407; Green v. Worth Bros., 223 Pa. 604. In the case of a judgment entered adversely after a hearing or trial it is settled that the application to open, or vacate or for a rehearing must be made before the end of the term at which the judgment was…
2Cases cited7 opinions
- King v. BrooksSupreme Court of Pennsylvania · 1873
- Keim's AppealSupreme Court of Pennsylvania · 1856
- Green v. Worth Bros.Supreme Court of Pennsylvania · 1909
- Kepner's AppealSupreme Court of Pennsylvania · 1880
- Roddy's AppealSupreme Court of Pennsylvania · 1881
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