Jessup v. King

Decided October 15, 1854

California Supreme Court · decided 1854-10-15

<p>Amendment, Pxsesumbtious. — A refusal to allow an amendment is presumed to be right, unless the character' of the proposed amendment is shown in the records.</p> <p>Pleading, Disohabge must be Sbecially Pueaded. — Evidence of the discharge of the debt sued on, by transactions subsequent to the filing of tbe answer, is admissible only under the plea of payment puis darrein continuance.</p>

Decided 1854-10-15

Mr. J. Hexdeneeldt

¶1delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

¶2There is nothing in the record which shows the-character of the proposed amendment to the answer, and we ava *332[332] therefore * unable to say that the Court erred in-refusing the application to amend; the presumption is the other way.

¶3The evidence, which is excluded, would have been proper under a plea of payment pids darrein continuance, but without such plea, it was irrelevant to the issue, and therefore, inadmissible.

¶4Judgment affirmed.