Barton v. Rogers

1. The court did not err in disallowing an amendment pleading acts of nuisance subsequently to the filing of the original petition. As amendments relate to the commencement of the suit, facts variant from the circumstances and conditions obtaining at the time suit was filed would be irrelevant and incompetent to establish allegations based upon a theory different from that relied on at the time of the filing of the action, and would add a new and distinct cause of action.

2. According to the definition adopted by this court in Standard Oil Co. v. Kahn, 165 Ga. 575, 576 (141 S. E. 643), “A…