Beringer v. Meanor's Administrator
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 115. Assumpsit by James B. Meanor, administrator c. t. a. of the estate of Eliza E. Meanor, deceased, against Josiah W. Guy, and Conrad Beringer.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 115. Assumpsit by James B. Meanor, administrator c. t. a. of the estate of Eliza E. Meanor, deceased, against Josiah W. Guy, and Conrad Beringer. Mrs. Meanor died in May 1872, seised in fee of a farm subject to a mortgage in favor of Guy for $3196.93, and interest from June 15th 1871. In her will she made her husband, Davison Meanor, her executor, with power to sell the farm. Davison Meanor entered into an agreement in writing with Conrad Beringer, a real estate agent, to sell said farm, the…
1Opinion of the CourtJustice Mercur
This was an action of assumpsit brought against Beringer and Guy.
The seventh assignment of error is to the court having permitted the record to be amended by striking therefrom the name of Guy as a defendant, whenever it occurred.
The Acts of 4th May 1852, and 12th April 1858, Purd. Dig. 70, pi. 3 and 4, give ample power to the court “ in any stage of the proceedings” to permit such an amendment to be made: Rangler v. Hummel, 1 Wright 130; Hite v. Kier, 2 Id. 72. So after verdict against three charged on a joint contract, a nol. pros, may be entered as to one, and judgment against the others,…
2Cases cited1 opinion
- Willis v. DunOhio Supreme Court · 1832
3Cited by3 opinions
- Wolff v. WilsonSuperior Court of Pennsylvania · 1905
- Kelly v. PeltCourt of Appeals of Texas · 1920
- Kidney v. BeemerSuperior Court of Pennsylvania · 1905