Heck v. Collins

Citations

• 241 Pa. 616
• 88 A. 774
• 1913 Pa. LEXIS 824

Syllabus

<p>Equity — Findings of fact — Practice—Amendment—Equity rules —Bule 4S.</p> <p>1. Findings of fact by a court of equity which are based upon competent evidence will not be reversed.</p> <p>2. Where upon a reversal of a decree in equity, a procedendo is awarded, with the direction that plaintiff be allowed to amend his bill by bringing another party upon the record, such amendment may be made, under Rule 49 of the Equity Rules, within twenty days after the application to the court below for leave to amend, in compliance with the decree of the Supreme Court. The fact that the application to the court below was not made until more than twenty days after the decree of the Supreme Court is not material, nor that the actual amendment was made more than twenty days after the filing of the motion, where the delay was caused by the resistance of the defendant thereto.</p>