Seitz & Co. v. Buffum & Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This case originated before a justice of the peace, brought by H. W. Buffum and J. H.Buffum, partners, doing business under the firm of Buffum & Co., against A. B. Seitz & Co., to recover a balance due on hook account, for goods sold and delivered. Defendant appealed, and plaintiffs entered a rule and had arbitrators chosen, who awarded against them, on the ground that their action was brought against the wrong defendant.
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Error to the Common Pleas of Allegheny county. This case originated before a justice of the peace, brought by H. W. Buffum and J. H.Buffum, partners, doing business under the firm of Buffum & Co., against A. B. Seitz & Co., to recover a balance due on hook account, for goods sold and delivered. Defendant appealed, and plaintiffs entered a rule and had arbitrators chosen, who awarded against them, on the ground that their action was brought against the wrong defendant. Plaintiffs appealed from the award, and obtained leave to amend by adding the name of Frederick Seitz, trustee of Ann§,…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— It is the ordinary and common practice of a court of chancery, to continue to add, on motion, parties to a proceeding in that court, until every person interested, or that may be in any way affected by the decree, are brought on the record. Indeed, a court of equity will refuse to proceed to a final disposition of the cause until all persons interested are made parties to the bill. This wise and beneficial practice, however, has never obtained a footing in a court, governed by the technical and narrow principles of the common law. The…
2Cases cited2 opinions
- Porter v. CressonSupreme Court of Pennsylvania · 1823
- Morse v. Chase & Co.Supreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Tonge v. Item Publishing Co.Supreme Court of Pennsylvania · 1914
- Justice v. MeekerSuperior Court of Pennsylvania · 1906
- Shelansky v. A. Weinfeld & SonSuperior Court of Pennsylvania · 1923
- Bashline v. Roha, Pennsylvania Court of Common Pleas, Cumberland County1948
- Kennett v. Naumchuk, Pennsylvania Court of Common Pleas, Philadelphia County1947
1 more not listed; retrieve them via the Exa API.