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1 White & W. 145

Williams v. Chamberlain

Court of Appeals of Texas

Decided June 8, 1878

Court of Appeals of Texas · decided 1878-06-08

<p>Appeal from Milam County.</p>

Decided 1878-06-08

¶1Opinion by

White, J.

¶2§ 342. Neiu cause of action; statute of limitations. Where the amended petition sets up a cause of action new and entirely different and distinct from that stated in the original petition, it cannot be held to relate back to the date of the filing of the first petition, so as to pre • vent the running of the statute of limitations. And the special exception of defendant setting up the statute of limitations should have been sustained.

¶3Reversed and remanded.

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