Markowitz v. Ararat Dye Works

Citations

• 73 Pa. Super. 129
• 1919 Pa. Super. LEXIS 186

Syllabus

<p>Practice, municipal court — Service of summons — Parties defendant — Amendments.</p> <p>Amendments to pleadings may be allowed if the effect of the amendment is to correct the name under which the right party was sued; if the effect will be to bring in a new party on the record the amendment must be refused.</p> <p>Where a summons is served on a- nonexistent corporation and afterwards an amendment is allowed substituting certain individuals as partners, trading under a trade name similar to the corporation, as parties defendant, such amendment introduced new parties to the record and constituted reversible error.</p> <p>. The fact that a paper was filed, purporting to be an affidavit of defense, did not give the court jurisdiction, where such paper was neither signed nor sworn to, and where one of the parties, against whom judgment was given was not even mentioned in the alleged affidavit.</p>