Bitterling v. Deshler

Citations

• 160 Pa. 1
• 28 A. 445
• 1894 Pa. LEXIS 749

Syllabus

<p>Practice — Amendment—Form of action.</p> <p>A motion to amend by changing the form of action, when not made until nearly six months after a judgment of nonsuit has been entered, and after the statute of limitations has become a bar to the action, is too late.</p> <p>Principal and agent — Accounts—Evidence.</p> <p>In an action of assumpsit brought by one of several executors without the consent or approval of the others against an agent of the testatrix for an account, a nonsuit is properly entered, where the testimony shows that the defendant made regular statements to testatrix, that the balance showed by them was always paid, and that testatrix was satisfied with them.</p>