Barrilo v. Frank

Opinion by

Pabkeb, J.,

Plaintiffs, husband and wife, have judgments against J. Frank & Sons, Inc., in an action in trespass. The defendant has appealed, complaining of the refusal of its motions for judgment n. o. v. and for a new trial.

Appellant, in support of its motion for judgment n. o. v., alleges that it was not properly made a party to this action. In the original statement of claim, J. Frank & Sons, a partnership, was named as the defendant. After the partnership had filed an affidavit of defense, the plaintiff moved to amend the statement of claim and the title of the case by naming J.…