Horbach v. Knox, Boggs & Co.
Supreme Court of Pennsylvania
In error from the District Court of Allegheny county. Sept. 13. The action was originally brought by John Knox, James Boggs, and John Knox, late partners, trading as Knox, Boggs & Co., to use, &c. . On ex 'parte affidavit by the attorney, of a mistake in inserting John as the Christian name of the last-named plaintiff, that was stricken out and James A. inserted. This order was excepted to.
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In error from the District Court of Allegheny county. Sept. 13. The action was originally brought by John Knox, James Boggs, and John Knox, late partners, trading as Knox, Boggs & Co., to use, &c. . On ex 'parte affidavit by the attorney, of a mistake in inserting John as the Christian name of the last-named plaintiff, that was stricken out and James A. inserted. This order was excepted to. On the trial, the plaintiff offered a deposition taken before such amendment made, which was objected to, because the cause stated in the rule was a different one from that now trying. The admission of the…
1Opinion of the CourtRogers, J.
The act of the 16th February, 1846, declares that in all actions pending, or which may hereafter be brought, the courts shall have power, in any stage of the proceedings, to permit amendments of the record, where it shall appear to them by any sufficient evidence that a mistake has been made in the Christian name or surname of any party, plaintiff or defendant. This act was passed with special reference to Horbach v. Knox, Boggs & Co., 8 Watts & Serg. 30, (this case); where the court held, that under the construction given to the act of the 21st March, 1806, the Court of Common Pleas had not…
2Cases cited2 opinions
- Williams v. TearneySupreme Court of Pennsylvania · 1822
- Horbach v. KnoxSupreme Court of Pennsylvania · 1844