Stine v. Herr

Citations

• 78 Pa. Super. 226
• 1922 Pa. Super. LEXIS 90

Syllabus

<p>Amendment — Action in trespass — Judgment—New party — Personal liability of 'one sued as fiduciary — Statute and limitations.</p> <p>A judgment in an action of trespass against a defendant, as administratrix of the estate of a decedent, cannot be amended, more than two years after the right of action accrued, so as to bring the defendant upon the record in her individual capacity.</p> <p>An order of the trial court permitting such an amendment constitutes reversible error, and will be stricken off, upon appeal.</p> <p>Fitzgerald’s Estate, 252 Pa. 568, distinguished. Bender v. Pen-field, 285 Pa. 59, followed.</p>