Legal Opinion

Curacel v. Coulon

Supreme Court of Louisiana

Decided July 1, 1812PublishedCited by 4 opinions

moved for leave to amend the petition, by striking out the name Ganeson. If pendence lite a stay Spring 1812. II. District.

1Opinion of the Court

By the Court.*

This cannot be done. It would not be amending, but making a new petition, and consequently making a new suit. If that could be allowed, the names of both parties could be changed, consequently an entire new suit substituted. In this way, a party, whose right of action was lost by prescription, could, by engraft-ing his action upon another, brought some time before, deprive the defendant of his right, if he could fine any suit standing against him and obtain the plaintiff's leave to substitute his own name by an amendment; and afterwards, by another, change the nature of the…

2Cited by4 opinions

  1. Johnson v. El Dorado Creosoting Co.Louisiana Court of Appeal · 1954
  2. Gomer v. AndingLouisiana Court of Appeal · 1933
  3. Self v. Great Atlantic & Pacific Tea Co.Supreme Court of Louisiana · 1933
  4. Garland v. KeenLouisiana Court of Appeal · 1932

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