Brown & Hackney, Inc. v. Rook Lumber Co.

Superior Court of Pennsylvania

Brown & Hackney, Inc. v. Rook Lumber Co.

90 Pa. Super. 66, 1927 Pa. Super. LEXIS 11

CourtSuperior Court of Pennsylvania

DecidedNovember 15, 1926

DocketAppeal 10

StatusPublished

This text of 90 Pa. Super. 66 (Brown & Hackney, Inc. v. Rook Lumber Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown & Hackney, Inc. v. Rook Lumber Co., 90 Pa. Super. 66, 1927 Pa. Super. LEXIS 11 (Pa. Ct. App. 1926).

Pincite

Opinion

Opinion by

Porter, P. J.,

The plaintiff, having on Dee. 23, 1922, caused judgment to he entered against the defendant (Book Lumber Company) in default of an affidavit of defense, presented a petition to the court below on November 3, 1924, praying that the record be amended “as to the name of the defendant so that the same will appear of record as ‘M. M. Book, trading as Book Lumber Company.’ ” The court granted a rule to show cause why the record should not be amended, which rule the court, on November 17, 1924, discharged and refused to permit the amendment. There was here a final judgment against the defendant, two years later a motion to amend the record by changing the name of the defendant, a refusal of the court to permit amendment, and no appeal taken from that final order until November 24, 1925, more than a year after the order was made. The appeal was not taken within the time limited by the statute and the assignment of error must be dismissed.

The appeal is quashed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Porter, P. J.,

The plaintiff, having on Dee. 23, 1922, caused judgment to he entered against the defendant (Book Lumber Company) in default of an affidavit of defense, presented a petition to the court below on November 3, 1924, praying that the record be amended “as to the name of the defendant so that the same will appear of record as ‘M. M. Book, trading as Book Lumber Company.’ ” The court granted a rule to show cause why the record should not be amended, which rule the court, on November 17, 1924, discharged and refused to permit the amendment. There was here a final judgment against the defendant, two years later a motion to amend the record by changing the name of the defendant, a refusal of the court to permit amendment, and no appeal taken from that final order until November 24, 1925, more than a year after the order was made. The appeal was not taken within the time limited by the statute and the assignment of error must be dismissed.

The appeal is quashed.

Cite This Page — Counsel Stack

Bluebook (online)

90 Pa. Super. 66, 1927 Pa. Super. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-hackney-inc-v-rook-lumber-co-pasuperct-1926.