Aetna Life Insurance v. Penn

Iíosea, J.;

Hoffheimer, J., and Littleford, J., concur.

Heard on motion to remand for amendment, by adding parties.

The defendant in error, upon oral announcement-of the court’s opinion heretofore rendered and before entry of judgment, moves the court, in accordance with the finding that the proper parties are not before it, to permit the beneficiaries to be made parties and to remand the cause for this purpose. Counsel admits the correctness of the conclusions reached by the court as matter of law, but claims that as these go to the remedy only, the error of the plaintiff below in respect of…