Abbott v. Abbott

White, C. J., and Carter and Newton, JJ.,

concurring in the result but dissenting in part.

We concur in the result reached in this case but dissent from that part of the majority opinion that purports to change and adopt a new rule in this state with reference to the running of the statute of limitations on an amended cause of action.

The general rule is that an amendment introducing a new cause of action does not relate back to the commencement of the action with respect to limitations but is the equivalent of a new suit, so that the statute of limitations continues to run until the time of the…