Stoner v. Erisman
Supreme Court of Pennsylvania
Appeal, No. 99, Jan. T., 1903, by plaintiff, from judgment of C. P. Lancaster Co., Dec. T., 1901, No. 30, for defendant in case of Lizzie A. Stoner v. John Eris-man. Before Landis, J. On plaintiff’s application a rule was granted to show cause why her statement should not be amended. Prior to the trial the rule was discharged. On the trial the amendment was offered; on its denial a bill was sealed. No testimony was offered and binding instructions were given for defendant.
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Appeal, No. 99, Jan. T., 1903, by plaintiff, from judgment of C. P. Lancaster Co., Dec. T., 1901, No. 30, for defendant in case of Lizzie A. Stoner v. John Eris-man. Before Landis, J. On plaintiff’s application a rule was granted to show cause why her statement should not be amended. Prior to the trial the rule was discharged. On the trial the amendment was offered; on its denial a bill was sealed. No testimony was offered and binding instructions were given for defendant. Plaintiff appealed. Error assigned was the refusal of amendment.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It is conceded that an amendment introducing a new cause of action will not be permitted after the statute of limitations has run in favor of the defendant. But if the amendment is merely a restatement of substantially the same cause of action, though in a different form, the variance in form will not prevent the amendment.
The plaintiff declared for slander by the words, “ damned bitch,” laid with an innuendo that, she being a married woman, was thereby charged with having been guilty of adultery. The amendment offered was to add the words “ whore and ” before…
2Cases cited1 opinion
- Bricker v. PottsSupreme Court of Pennsylvania · 1849
3Cited by15 opinions
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- Mahoney v. Park Steel Co.Supreme Court of Pennsylvania · 1907
- Leland v. Firemen's InsuranceSuperior Court of Pennsylvania · 1937
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