Shaffer v. Eichert

Supreme Court of Pennsylvania February 17, 1890

Shaffer v. Eichert, 132 Pa. 285 (Pa. 1890)

19 A. 81; 1890 Pa. LEXIS 806

Clark, Green, McCollum, Mitchell, Paxson, Williams

Opinion of the Court

Per Curiam:

Upon the argument at bar the plaintiffs moved to amend the record by adding the names of their wives as co-plaintiffs. The property in dispute was claimed by the plaintiffs in right of their wives, and the necessity of having the names of the latter placed upon the record is obvious. This was a mistake amendable below and here. It is a technical matter. The allowance of the amendment in this court can do the defendant no injury, and we will permit it to be made.

The appeal itself is without merit. The case comes up without an exception to anything, and is in effect a motion for a new trial. There is nothing for us to decide.

Judgment affirmed.

Reference

Full Case Name: JACOB SHAFFER v. DAVID R. EICHERT
Cited By: 4 cases
Status: Published
Syllabus: 1. Where an ejectment was brought by a plaintiff, in right of his wife, and on trial verdict and judgment were had for the plaintiff, an amendment adding the name of the wife as a necessary co-plaintiff, doing no injury to the defendant, may be made on the argument in the Supreme Court. 2. A case, which comes by appeal and certiorari into the Supreme Court, without an exception taken in the court below to the order or ruling which is specified for error, has nothing upon the record for the Supreme Court to decide, and the judgment of the court below will be affirmed.