Wright v. Groom

Appeal from Shannon Circuit Court — How. W. N. Evans, Judge. The test in this State as to whether an amended petition is a new cause of action and departure from the original is whether the same evidence will support both petitions, and second, whether the same measure of damages will apply to both. It is hardly conceivable that the title to a tract of land in one section would be exactly the same as the title to a tract of land in another section. Different proof would be .required in the separate actions. This is an attempt to tack on to the first suit an entirely new suit. ■ There is not…