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

> Superior Court of Pennsylvania · November 15, 1926 · 90 Pa. Super. 66

URL: https://www.frixlaw.com/law-library/cases/3855171

## Case

- **Full name:** Brown and Hackney, Inc., Appellant, v. the Rook Lumber Company
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 15, 1926
- **Citations:** 90 Pa. Super. 66; 1927 Pa. Super. LEXIS 11
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Porter
- **Judges:** Porter, Henderson, Trexler, Keller, Linn, Gawthrop, Cunningham
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3855171

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3855171. Public record. Not legal advice.