Williams v. Chamberlain

Court of Appeals of Texas

Williams v. Chamberlain

1 White & W. 145

CourtCourt of Appeals of Texas

DecidedJune 8, 1878

DocketNo. 109, Op. Book No. 1, p. 628

StatusPublished

This text of 1 White & W. 145 (Williams v. Chamberlain) 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

Williams v. Chamberlain, 1 White & W. 145 (Tex. Ct. App. 1878).

Pincite

Opinion

Opinion by

White, J.

§ 342. Neiu cause of action; statute of limitations. Where the amended petition sets up a cause of action new and entirely different and distinct from that stated in the original petition, it cannot be held to relate back to the date of the filing of the first petition, so as to pre • vent the running of the statute of limitations. And the special exception of defendant setting up the statute of limitations should have been sustained.

Reversed and remanded.

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Opinion by

White, J.

§ 342. Neiu cause of action; statute of limitations. Where the amended petition sets up a cause of action new and entirely different and distinct from that stated in the original petition, it cannot be held to relate back to the date of the filing of the first petition, so as to pre • vent the running of the statute of limitations. And the special exception of defendant setting up the statute of limitations should have been sustained.

Reversed and remanded.

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Bluebook (online)

1 White & W. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-chamberlain-texapp-1878.