City of Philadelphia v. Spencer

BYER, Judge.

This case proves a famous observation. “It [the value of time] is in everybody’s mouth, but in few people’s practice.” Letter from Lord Chesterfield to his son, reprinted in The New Webster Encyclopedic Dictionary of the English Language pt. 2, at 127 (1971).

The defendant obtained leave of court to amend its new matter. Two years later, the defendant finally filed its amended new matter. The trial court ordered the amended new matter stricken because of this delay. We hold that the trial court abused its discretion, because the delay did not prejudice the plaintiff.

Gina Spencer…