Peacock Construction Co. v. Turner Concrete, Inc.

Quillian, Judge.

The first ruling enumerated as error is that the judge, over objection of Peacock, the sole defendant originally named in the suit, and New Amsterdam, allowed an amendment to the petition which: (1) joined New Amsterdam as a new party defendant; (2) added a new cause of action which was a suit on a surety bond executed by Peacock as principal and New Amsterdam as surety. The ruling was contrary to law. Code § 81-1303 (of force when the case was tried) provides: “No amendment adding a new and distinct cause of action or new and distinct parties shall be allowed unless expressly…