Mitchell v. Lytle

Opinion by

White, J.

§ 702. Amendment; new cause of action. On motion, plaintiff’s amended or supplemental petition was stricken out because it was inconsistent with the allegations in the original petition. This was error. Even if the amendment had set out a new cause of action, which was not the case in this instance, it does not necessarily follow that the amendment should have been stricken out, the rule being that the character of the original cause of action may be so far changed by amendment as to make the cause a now one, provided the subject matter of the suit and the parties remain…