White Co. v. Fayette Automobile Co.

Citations

• 43 Pa. Super. 532
• 1910 Pa. Super. LEXIS 87

Syllabus

<p>Practice, C. P. — Amendments—Parties—Addition of new parties.</p> <p>1. Statutes of amendment are liberally construed to give effect to their clearly defined intent so as to prevent a defeat of justice through a mere mistake as to parties or the form of action. Amendments, however, will not be allowed to the prejudice of the other party, by introducing a new cause of action or bringing in a new party or changing the capacity in which he is sued. A party whose name it is asked to amend must be in court. If the effect of the amendment will be to correct the name under which the right party was sued it should be allowed; if its effect will be to bring a new party on the record, it should be refused.</p> <p>2. Where the defendant in an action of assumpsit is named as a corporation, the record cannot be amended so as to add the names of five individuals as partners doing business under the name given as the. name of the original defendant.</p>