Hodges v. McGovern

Citations

• 230 Pa. 368
• 79 A. 636
• 1911 Pa. LEXIS 619

Syllabus

<p>Practice, C. P. — Amendments—Justice of the peace — False arrest— Constable. ,</p> <p>1. Where a justice of the peace and a constable are sued in their official capacity for false arrest without notice in writing delivered to the justice thirty d|ays before the suit, as required by the Act of March 21, 1772, 1 Sm. L. 364, an amendment, charging that the arrest was made in pursuance of a conspiracy and to compel payment of a judgment founded upon a contract, and that the arrest was made without a writ, will not be permitted to be filed, inásmuch as the amendment is an entire change in the cause of action.</p> <p>2. While the statutes of amendments are to be construed liberally so as to give effect to their clearly defined intent and to prevent the defeat of justice through mere mistake, they will not be allowed to the prejudice of parties by introducing a new cause of action or bringing in a new party, or changing the capacity in which he is sued.</p>