Affidavits of illegality are, upon motion and leave of court, amendable instanter by the insertion of new and independent grounds, provided that the defendant shall swear that he did not know of such grounds when the original affidavit was filed.
(Laws 1850, Cobb's 1851 Digest, p. 518; Code 1863, § 3430; Code 1868, § 3450; Code 1873, § 3501; Code 1882, § 3501; Civil Code 1895, § 5120; Civil Code 1910, § 5704; Code 1933, § 39-1005.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 269 et seq.
C.J.S.- 33 C.J.S., Executions, § 291 et seq.