28 Tex. 616 | Tex. | 1866
—If the amended petition filed by the plaintiff below, on the 19th February, 1861, did introduce a new and distinct cause of action from that originally sued upon, we are not satisfied that the court erred in ruling out the affidavit, and holding that the plaintiffs’ cause of action was barred by the twelve months’ limitation. (O. & W. Dig., Art. 1333; 7 Tex., 489; 8 Id., 225; Id., 427; 10 Id., 74; Paschal’s Dig., Art. 54, Note 243, p. 108.)
But we are of opinion it did not introduce a new cause of action, and was only an amendment of an inaccurate averment of a fact set up in the original petition. (4 Tex., 427; 9 Id., 379; Id., 553; 10 Id., 155.) The affidavit that
We are of opinion the court erred in its ruling in respect to limitation and the affidavit, and the judgment is reversed, and the cause
Remanded.