Oil Well Supply Co. v. Scott

In this case there has been filed a second amended petition, and to that petition a motion by the defendant. He moves the court to strike the second amended petition of the plaintiff from the files of the court because: first, the said petition and the cause of action therein set forth is not germane to the cause of action, set forth in the original petition; second, the said petition and the "cause of action therein set forth is a departure *124from the original petition, and the parties are not the same; and, -third, new parties are necessary to the trial' of the issue tendered by-the said…