PARKER v. KILGO

40588, 40589.

109 Ga. App. 698 (1964)

137 S.E.2d 333

PARKER et al. v. KILGO (two cases).

Court of Appeals of Georgia.

Rehearing Denied May 12, 1964.


Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, William W. Horton, for plaintiffs in error.

Howe & Murphy, Lokey & Bowden, Hamilton Lokey, contra.


RUSSELL, Judge.

1. No new party or new cause of action may be added by amendment in actions at law. Code § 81-1303. In actions where the procedure is permissible, such as certain cases in equity, the rule is that although a defendant has been served and made a party in one capacity, an amendment seeking to enforce liability against him in another capacity is a new cause of action, with the result that if, between the time of filing the action and the time...

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