Comrey v. East Union Township

Citations

• 202 Pa. 442
• 51 A. 1025
• 1902 Pa. LEXIS 541

Syllabus

<p>Practice, O. P. — Parties—Order of commissioner of the state road.</p> <p>The holder of an order upon the township treasurer by the commissioners of the state road under the act of April 7, 1873, cannot sue in his own name, although the order is drawn to the contractor “ or bearer.” Where a suit was begun in 1875, by the holder of an order, the record cannot be amended in 1901, so as to make the legal party the plaintiff, inasmuch as his right is barred by the statute of limitations.</p> <p>Practice, O. P. — Notice—Amendment.</p> <p>No amendment of the record of a ease, which is more than merely formal, should be allowed without notice to the opposite party.</p>