Legal Opinion
Douglas v. Daniels Bros. Coal Co.
Ohio Supreme Court
Decided July 12, 1939No. 27357PublishedCited by 59 opinions
1Opinion of the CourtDay, J.
The first question presented is whether the right of action is barred by the statute of limitation.
It is conceded that the original petition was filed within the time limited by statute and that the amended petition was filed after the statutory period of limitation had expired.
It is well settled in Ohio that if an amended petition does not set up a new cause of action it will not be barred by the statute fixing a period of limitation for the institution of suit, but will relate back to the date of the filing of the original petition. See 25 Ohio Jurisprudence, 588, Section 241; Louisville &…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Ellis v. Republic Oil Co.Supreme Court of Iowa · 1906
- Louisville & Nashville Rd. v. GreeneOhio Supreme Court · 1925
- Clinchfield Coal Corp. v. Osborne's Admr.Supreme Court of Virginia · 1912
- Dronette v. Meaux Bros.Supreme Court of Louisiana · 1924
3Cited by59 opinions
- Graves v. WelbornSupreme Court of North Carolina · 1963
- RA Jones & Sons, Inc. v. HolmanDistrict Court of Appeal of Florida · 1985
- Griffin v. WorkmanSupreme Court of Florida · 1954
- Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power DistrictCourt of Appeals for the Eighth Circuit · 1962
- Richard v. SlateOregon Supreme Court · 1964
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