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· 5/17/1911

Girardi v. Laquin Lumber Co.

Citations

  • 232 Pa. 1
  • 81 A. 63
  • 1911 Pa. LEXIS 664

Syllabus

<p>Amendments — Statute of limitations — New parties.</p> <p>1. Where the statute of limitations has run, amendments will not be allowed which introduce a new cause of action or bring in a new party, or change the capacity in which he is sued. If the effect of the amendment is to correct the name under which the right party is sued, it will be allowed; if it is to bring in a new party, it will be refused.</p> <p>2. Where suit was brought against the “Laquin Lumber Company, - a corporation, ” the record cannot be amended after the statute has run, so as to name as defendants a partnership, composed of six persons, trading as the Laquin Lumber Company.</p>

Judges: Brown, Elkin, Fell, Moschzisker, Potter

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