Amendment of affidavit--overruled, when.

510.110. If the court shall be of the opinion that theaffidavit is insufficient, it shall permit the same to beamended; and if after such amendment the affidavit does notcontain a sufficient statement of facts as herein required, thecourt shall overrule the same; but if, upon the contrary, thecourt shall find the affidavit sufficient, the cause shall becontinued, unless the opposite party will admit that the witness,if present, would swear to the facts set out in said affidavit,in which event the cause shall not be continued, but the partymoving therefor shall read as the evidence of such witness thefacts so stated in such affidavit and the opposing party maydisprove the facts disclosed, or prove any contradictorystatements made by such absent witness in relation to the matterin issue and on trial.

(RSMo 1939 § 1091, A.L. 1943 p. 353 § 95)

Prior revisions: 1929 § 940; 1919 § 1390; 1909 § 1960