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· 7/1/1870

Irvine v. Corporation of Bastrop

Citations

  • 32 Tex. 485

Syllabus

<p>1— An amendment may set up a new cause of action, or a title acquired after suit brought: provided, such amendment does no prejudice to the rights of the other party, and that all costs to the time of amending be paid, and that the amendment he not allowed to relate back to the commencement of the suit.</p> <p>2— The necessity for these restraints upon the right to set up such new title or cause of action by way of amendment is apparent; and this court will not suffer them to be disregarded.</p> <p>o—Bringing suits into court by installments, and serving every necessity by some new title or new cause of action, should not be tolerated in a correct system of practice.</p>

Judges: Walker

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