Carbondale School District v. Hourigan
Supreme Court of Pennsylvania
Carbondale School District v. Hourigan, 267 Pa. 154 (Pa. 1920)
110 A. 173; 1920 Pa. LEXIS 827
Brown, Frazer, Kephart, Moschzisker, Simpson, Stewart, Walling
Carbondale School District v. Hourigan
Opinion of the Court
At the time the court below entered judgment for the defendant on the pleadings the action stood against him as receiver and trustee in bankruptcy. He had been sued in one action in both capacities, and the judgment was on the record as it then stood. The court below is not to be convicted of error because of an amendment to the record made after it reached this court. The judgment is affirmed on the opinion in pursuance of which it was entered.
Judgment affirmed.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Bankruptcy — Receiver—Trustee—Joint action — Amendment of record on appeal. 1. Where a federal receiver and trustee in bankruptcy is sued in one action, in both capacities, in a state court, without leave of the court which appointed him, judgment for defendant will be entered on demurrer. 2. On an appeal from such judgment an amendment of the record will not be allowed by the appellate court, so as to permit the suit to stand against the trustee only. The court below is not to be convicted of error because of an amendment to the record made after it reaches the upper court.