Fort Worth City Mills Co. v. Milam & Patterson

Court of Appeals of Texas

Fort Worth City Mills Co. v. Milam & Patterson

1 White & W. 97

CourtCourt of Appeals of Texas

DecidedNovember 22, 1882

DocketNo. 2221, R. Book No. 4, p. 251

StatusPublished

This text of 1 White & W. 97 (Fort Worth City Mills Co. v. Milam & Patterson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fort Worth City Mills Co. v. Milam & Patterson, 1 White & W. 97 (Tex. Ct. App. 1882).

Pincite

Opinion

Opinion by

Hurt, J.

§ 247. Amendment; new cause of action; costs. Where a suit was prematurely brought, and plaintiff by amendment set up an entirely new cause of action, this could be done. [Tarkinton v. Broussard, 51 Tex. 550; Kirkland v. Little, 41 Tex. 456; Littlefield v. Fry, 39 Tex. 299; Woods v. Durrett, 28 Tex. 429; Cox v. Reinhardt, 41 [98]*98Tex. 591.] But the costs up to such amendment should be adjudged against the plaintiff. [Kirkland v. Little, 4 Tex. 456.]

November 22, 1882.

Reversed and reformed.

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