Supreme Court of Pennsylvania, 1911

Girardi v. Laquin Lumber Co.

Girardi v. Laquin Lumber Co.
Supreme Court of Pennsylvania · Decided May 17, 1911 · Brown, Elkin, Fell, Moschzisker, Potter
232 Pa. 1; 81 A. 63; 1911 Pa. LEXIS 664

Girardi v. Laquin Lumber Co.

Opinion of the Court

Per Curiam,

This appeal is from an order discharging a rule to amend the record by making new parties defendants after the statute of limitations had become a bar to a new action. The action was brought against the Laquin Lumber Company, a corporation. The amendment proposed was to name as defendants a partnership, composed of six persons, trading as the Laquin Lumber Company. The allowance of the amendment would have brought new parties on the record. Under the rule established by our cases this cannot be done. Where the statute of limitations has run, amendments will not be allowed which introduce a new cause of action or bring in a new party or change the capacity in which he is sued. If the effect of the amendment is to correct the name under which the right party is sued, it will be allowed; if it is to bring in a new party, it will be refused: Wright v. Copper Co., 206 Pa. 274.

The order discharging the rule is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.