Clement v. Commonwealth ex rel. Mettler
Supreme Court of Pennsylvania
Error to the Court of Common Plea§ of Northumberland county: Of May Term 1880, No. 112. Debt on an official bond by the Commonwealth of Pennsylvania ex relatione Beula Mettler against Ira T. Clement. The suit was originally brought in the name of Beula Mettler, plaintiff, against Ira T. Clement.
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Error to the Court of Common Plea§ of Northumberland county: Of May Term 1880, No. 112. Debt on an official bond by the Commonwealth of Pennsylvania ex relatione Beula Mettler against Ira T. Clement. The suit was originally brought in the name of Beula Mettler, plaintiff, against Ira T. Clement. The praecipe was “ issue summons in debt founded on official bond of William D. Haupt,” &c., and the summons recited “to answer Beula Mettler of a plea in debt on official bond” of said Haupt. The defendant appealed, _ and a declaration in debt on official bond was filed, and on August 20th 1879,…
1Opinion of the CourtJustice Trunkey
Judicial authority has not abridged the benefits of the statutory provision, that in all actions the “ courts shall have power, in any stage of the proceedings, to permit amendments by changing or adding the name or names of any party, plaintiff or defendant, whenever it shall appear to them that a mistake or omission has been made in the name or names of any such party.” Adding the name of the Commonwealth as legal plaintiff was within the letter and spirit of the statute, and an amendment which the court had no power to refuse.
Beula Mettler commenced suit “ on the official bond of William…
2Cited by3 opinions
- Downer v. United States Fidelity & Guaranty Co. of MarylandCourt of Appeals for the Third Circuit · 1931
- Adams ex rel. Drake v. Adams, Pennsylvania Court of Common Pleas, Montour County1925
- Martz v. Gingell, Pennsylvania Court of Common Pleas, Adams County1940