Girardi v. Laquin Lumber Co.

81 A. 63, 232 Pa. 1, 1911 Pa. LEXIS 664

• Court: Supreme Court of Pennsylvania
• Decided: May 17, 1911
• Docket: Appeal, No. 72
• Status: Published

Opinion

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.