Parker v. Kilgo

Russell, Judge.

No new party or new cause of action may be added by amendment in actions at law. Code § 81-1303. In actions where the procedure is permissible, such as certain cases in equity, the rule is that although a defendant has been served and made a party in one capacity, an amendment seeking to enforce liability against him in another capacity is a new cause of action, with the result that if, between the time of filing the action and the time of the amendment, the bar of the statute of limitation has accrued, the liability sought to be added by the amendment becomes unenforceable.…