Thompson v. Swearengin

Citations

• 48 Tex. 555

Syllabus

<p>1. New cause of action—Amendment.—The original petition upon a rejected account against an administrator contained the value of each item in both coin and currency. An amendment setting out the same items, with value of each item in coin or currency, according as it was in fact made, is not a new cause of action, nor subject to exception because not presented to the administrator.</p> <p>2. Same—Change of parties.—The original petition alleged that the account was made with Cyrus and J. W. Thompson, doing business under the firm-name of A. B. Thompson & Co. An amendment was made, alleging that the same account was made with A. B. Thompson, Cyrus Thompson, and J. W. Thompson, doing business under the firm-name of A. B. Thompson & Co., and that the account was made with them, alleging the death of A. B. Thompson before the institution of the suit: Held, That such change of the description of parties cannot be said to constitute a new cause of action.</p> <p>3. Cases limited.—Henderson v. Kissam, 8 Tex., 46; Whitehead v. Herron, 15 Tex., 127.</p>