Lucas v. Sevier

• Decision Date: 31 May 1799
• Citation: 1 Tenn. 105
• Parties: LUCAS v. SEVIER.
• Court: Tennessee Circuit Court

1 Tenn. 105

LUCAS

v.SEVIER.

Superior Court of Law and Equity of Tennessee.

May, 1799.

[ S. C., ante, 19.]

An affidavit for a continuance may, at the discretion of the court, be amended by explaining an ambiguity, but not by the insertion of a new fact.

The defendant, upon affidavit, moved for the continuance of this cause. Upon argument, the affidavit appeared to be equivocal in one part.

Whiteside, of counsel for the defendant, asked for leave to amend, so as to explain.

Kennedy, for the plaintiff, opposed this motion.

Per Curiam.

It is discretionary with the Court whether to permit this amendment or not. It is certainly a discretion which should be exercised with great caution; the meaning seems doubtful; it appears proper that it should be explained, but we can not admit the insertion of any new fact as an amendment.^a1

a1. See 3 Johns. 245;1 Johns. 61.