Longino v. Ward

Opinion by

Winkler, J.

§ 521. Amendment; neiv cause of action; limitation. An amendment which merely supplies omissions, or corrects mistakes in an original proceeding, sets up no new cause of action, and the statute of limitation is not in the way of such an amendment. [Smith v. Kinney, 33 Tex. 285.] It is the office of an amendment to correct a misdescription of the cause of action as well in respect to dates as in any other respect, and a correction as to date relates back to the time when the cause of action was declared on, and the statute of limitation does not ran in the interim. [Turner…