Tennessee Superior Court for Law and Equity, 1805

Lucas v. Sevier

Tennessee Superior Court for Law and Equity · Decided March 6, 1805 · <italic>Per Curiam.</italic>

1 Tenn. 105

Counsel

WHITESIDE, of counsel for the defendant, asked for leave to amend, so as to explain. KENNEDY, for the plaintiff, opposed this motion.

Opinion of the Court

Per Curiam.

It is discretionary with the court, whether to permit this amendment or not. It is *106 certainly a discretion which should be exercised with great caution; the meaning seems doubtful; it appears proper that it should be explained, but we cannot admit the insertion of any new fact as an amendment. *

See 3 John 245. 1 John 61.

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