Pearson v. City of Birmingham

The original complaint, with few, hut important, changes and omissions, is a copy of the Code form in actions of unlawful detainer. Civil Code 1907, vol. 2, p. 1200, form 27. This complaint was stricken on demurrer of defendant. Thereupon plaintiff filed an amended complaint in statutory ejectment. Civil Code 1907, vol. 2, p. 1200, form 29.

Defendant’s objection to filing, motion to strike, and demurrer to the amended complaint were overruled. * The point here made is that the amendment presented a new cause of action, or worked an entire change of the cause of action.

Section 5367, Code of…