Royse v. May
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: Of January Term 1878, 3STo. 301. Trespass vi et armis by WiIlium May against L. T. Royse. B. O. Barnes, in June 1875, was the owner of a farm situate in Bradford county, Pa., which some time previous he had rented to William May; and on the 29th day of June May was owing him, as he alleged, $200 for rent.
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Error to the Court of Common Pleas of Bradford county: Of January Term 1878, 3STo. 301. Trespass vi et armis by WiIlium May against L. T. Royse. B. O. Barnes, in June 1875, was the owner of a farm situate in Bradford county, Pa., which some time previous he had rented to William May; and on the 29th day of June May was owing him, as he alleged, $200 for rent. Barnes, on the 29th day of June 1875, issued a landlord’s warrant, directed to L. T. Royse, a constable, instructing him to collect the above rent. Royse, on the 1st of June, made a levy on the personal property of May, and the latter…
1Opinion of the CourtJustice Mercur
The first assignment o.f error is to permitting the amendment of the declaration after the plaintiff below had closed his evidence. The amendment was not made under the Act of 10th May 1871, which, on the conditions therein prescribed, permits a change in the form of action. Apart from that act, which has no application *457to the present ease, the right of amendment may be liberally allowed ; but not to such an extent as' to substantially change the cause of action: Steffy v. Carpenter, 1 Wright 41; Trego v. Lewis, 8 P. F. Smith 463. If the amendment was allowable it is not error merely because…
2Cases cited1 opinion
- Womeldorf v. SteinbergenOhio Supreme Court · 1832
3Cited by6 opinions
- Hanley Et Ux. v. Ryan Et Ux.Superior Court of Pennsylvania · 1925
- Wildermuth v. LongSupreme Court of Pennsylvania · 1900
- Thomas v. GibbonsSuperior Court of Pennsylvania · 1902
- Lanier v. White, Pennsylvania Court of Common Pleas, Washington County1936
- Lozier v. Admy, Pennsylvania Court of Common Pleas, Dauphin County1924
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