Taylor v. Siers

Citations

• 63 Pa. Super. 564
• 1916 Pa. Super. LEXIS 214

Syllabus

<p>Practice, O. P. — Parties—Death of .party — Substitution of executor — Appearance by attorney.</p> <p>Where two persons are sued as partners and one of them dies, and the executor of the deceased is substituted as a party of record, and at tbe trial tbe attorney wbo bad entered an appearance for tbe two partners appeared for tbe surviving partner and tbe estate of tbe deceased partner, and a verdict is rendered in favor of tbe plaintiff, it is reversible error for tbe court to enter judgment n. o. v. for tbe executor of tbe deceased partner on tbe ground that be bad not been served with process.</p> <p>After an appearance in a trial on tbe merits tbe plaintiff ought not to be deprived of tbe result on tbe theory that tbe defendant was not regularly in court, without some evidence from the latter that the attorney assuming to represent him was not authorized so .to do.</p>