Emeny v. Farmers Elevator Co.

The original petition charged, in substance, that the defendant purchased and converted to its own use certain grain specifically described'therein upon which the plaintiff had a landlord’s lien for rent. About one year thereafter, she filed an amendment to her petition, wherein she reasserted her original allegations, and added thereto certain other allegations. She prayed therein for the same recovery as in the original petition. The defendant filed a motion to strike the amendment, on the ground that it presented a new and distinct cause of action, and was, therefore, barred by the statute…