Harlan v. Loomis

Citations

• 92 Kan. 398
• 140 P. 845
• 1914 Kan. LEXIS 243

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Mistake—Amendment — Substitution of Different Plaintiff. An amendment of a petition to correct the mistake of a pleader which merely substitutes one party for another as plaintiff does not change the cause of action.</p> <p>2. Same — Amendment Relates to Commencement of Action. Such an amendment relates back to the institution of the action, and the statute of limitations stops running as to the substituted plaintiff when the action is begun rather than when the amendment is made.</p> <p>3. Implied Contract — Recovery of Rents — Three-year Statute of Limitations. An action to recover rents for land, the possession of which is wrongfully withheld, is founded on implied contract, and the three-year statute of limitations applies.</p>