Maisch v. Order of Americus
Supreme Court of Pennsylvania
Appeal, No. 21, Oct. T., 1908, by plaintiff, from judgment of Superior Court, April T., 1907, No. 192, affirming judgment of C. P. No. 1, Allegheny Co., Sept. T., 1903,-No. 944, on verdict for defendant in case of Catherine F. Maisch v. Order of Americus, an unincorporated fraternal beneficial society duly organized under the laws of the Commonwealth of Pennsylvania and composed of Lee W. Squier, Edwin E. Robbins and others. Appeal from Superior Court. See 34 Pa.
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Appeal, No. 21, Oct. T., 1908, by plaintiff, from judgment of Superior Court, April T., 1907, No. 192, affirming judgment of C. P. No. 1, Allegheny Co., Sept. T., 1903,-No. 944, on verdict for defendant in case of Catherine F. Maisch v. Order of Americus, an unincorporated fraternal beneficial society duly organized under the laws of the Commonwealth of Pennsylvania and composed of Lee W. Squier, Edwin E. Robbins and others. Appeal from Superior Court. See 34 Pa. Superior Ct. 436. The facts are stated in the opinion of the Supreme Court. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff in this case entered suit against the Order of Americus as a corporation. Learning subsequently that there was no such corporation in existence, she obtained leave to amend the statement so as to describe the defendant as “ an unincorporated fraternal beneficial society duly organized under the laws of the Commonwealth of Pennsylvania, and composed of Lee W. Squier, Edwin E. Robbins and others.” No process was issued, however, to bring in the persons named as parties to the suit. The amendment was improperly allowed. There was no such legal entity as…
2Cases cited1 opinion
- Fletcher v. TribeSuperior Court of Pennsylvania · 1899
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- Grant v. Carpenters' District CouncilSupreme Court of Pennsylvania · 1936
- Philadelphia Local 192 of American Federation of Teachers v. American Federation of TeachersDistrict Court, E.D. Pennsylvania · 1942
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