Robinson v. Reese

ON MOTION ROE REHEARING.

Bell, J.

The ruling stated in the fourth division of the opinion, to the effect that the petition could have been amended as therein indicated, is attacked upon the ground that such an amendment would have added a new and distinct cause of action. The case of Montague v. Chattanooga &c. R. Co., 94 Ga. 668 (21 S. E. 846), is *582cited in the motion for a rehearing. In that case it was held that an action by a materialman against a railroad company to enforce a statutory lien upon the railroad for the price of material sold, not to the company but to a contractor, is not…