Birmingham Belt R. Co. v. Ellenburg

Under our liberal system of pleading and practice, new counts or statements of the cause of action which could have been joined in the original complaint may be added by amendment, and relate back to the beginning of suit as affected by the statute of limitations. Code, § 9513.

In an action brought under the federal Employers’ Liability Act (U. S. Comp. St. §§ 8657-8665), is an amendment allowable presenting a case under the Workmen’s Compensation Law? We think not, for the following reasons: (1) The positive provision of Code, § 7570, that claims “shall be forever barred, * * * unless within…