2 La. 207 | La. | 1831
delivered the opinion of the court.
The defendant was sued on a promissory note, and pleaded the general issue. He afterwards moved for leave to amend his answer, by withdrawing the denial and pleading want of consideration. The court refused him leave to do so, and judgment being given against him, he appealed.
By the Code of Practice, the defendant may amend on the same condition on which this privilege is given to the
We think it was substantially changing the defence, to turn the matter at issue from a question as to the execution note> into one in relation to the consideration on -which it was given, and that the court did not err in refusing . to receive the amendment. It is, therefore, ordered, adjudged and decreed, that the judgment of the Parish Court be affirmed with costs.