Mayor of Savannah v. Wade

1. “Affidavits of illegality are, upon motion and leave oí court, amendable instanter by the insertion of new and independent grounds: Provided, the defendant will swear that he did not know of such grounds when the original affidavit was filed.” Civil Code (1910), § 5704. The defendant in execution will not be permitted to amend his affidavit of illegality by the addition of new and independent grounds, whether of fact or of law, for causes which existed and were known, or *767in the exercise of reasonable diligence might have been known, at the time of the filing of the original affidavit.…