Legal Opinion

Chicago Architectural Iron Works v. McKey

Appellate Court of Illinois

Decided February 14, 1901PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the March term, 1900. Statement.—The order here appealed from was entered in a cause wherein appellee was appointed receiver of the Great Northern Theatre and Hotel Company, a corporation. Appellant was and had been for some time a tenant of the Great Northern Theatre and Hotel Company.

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Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the March term, 1900. Statement.—The order here appealed from was entered in a cause wherein appellee was appointed receiver of the Great Northern Theatre and Hotel Company, a corporation. Appellant was and had been for some time a tenant of the Great Northern Theatre and Hotel Company. The receiver petitioned the court for an order upon appellant to show cause why it should not pay rent due, which had accrued, partly before and partly after the possession of the receiver.…

1Opinion of the Court

Mr. Justice Sears delivered

the opinion of the court.

No other question is raised upon this appeal save that the set-off should have been allowed, that the appellant should have been allowed to amend its answer, and that evidence should*have been heard by the court or a reference ordered to a master in chancery for an accounting.

There can be no question as to the order of the court refusing appellant leave to amend its answer. No amendment was prepared and presented to the court. It was a matter resting in the discretion of the court to allow or refuse, when no amendment was presented, and we…

2Cases cited3 opinions

  1. Phenix Insurance v. StocksIllinois Supreme Court · 1893
  2. McFarland v. ClaypoolIllinois Supreme Court · 1889
  3. Ridgely National Bank v. FairbankAppellate Court of Illinois · 1894

3Cited by2 opinions

  1. In re the PeopleAppellate Division of the Supreme Court of the State of New York · 1940
  2. Butler v. TunnicliffeSupreme Court of Florida · 1932

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