ROSS v. McMILLAN


172 Pa.Super. 298 (1953)

Ross v. McMillan, Appellant.

Superior Court of Pennsylvania.

January 20, 1953.


Attorney(s) appearing for the Case

Charles C. Arensberg, with him Patterson, Crawford, Arensberg & Dunn, for appellant.

John D. Stedeford, with him Louis Vaira and Carmen V. Marinaro, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH and GUNTHER, JJ. (ROSS and ARNOLD, JJ., absent).


OPINION BY RENO, J., January 20, 1953:

Frank M. Ross, Sr., Elma Ross, Frank M. Ross, Jr., and Richard H. Ross, trading as Ross Lumber Company, sued appellant in assumpsit and recovered a verdict for $1366.53. Appellant's sole contention is that he is entitled to a new trial because plaintiffs had not registered under the Fictitious Names Act of May 24, 1945, P.L. 967, 54 P.S. § 28.1 et seq., before they instituted this action.

The Act requires registration...

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