Littlefield v. Fry

Citations

• 39 Tex. 299

Syllabus

<p>1. Suit was instituted by petition defective for want of the allegation of residence of defendant; after service of citation defendant died; the ■ suit was revived against the administrator, and by amendment residence was alleged. Held, that the amendment would not relate to the date of the filing of the petition, and the cause of action being a moneyed demand, the action abated by the death of the defendant.</p> <p>2. An amendment supplying a substantial averment does not relate to the ■ date of the original pleading.</p>