Booth v. Hidden Inlet Canning Co.

REED, District Judge.

I do not think, from reading the third amended complaint, there is more than one cause of action alleged therein. It does not appear to me that there is a substantial change in the cause of action. The present complaint simply states in a different form what was sought to be stated in the original complaint. The true rule by which it may be determined whether a new cause of action is stated, or whether no substantial change has been made, is: Did the plaintiff so state his cause of action originally as to show he had a right to receive what he subsequently claimed ? In…