Lake v. Morse ex rel. Fordham
Illinois Supreme Court
This suit was originally commenced before a justice of the peace of Kane county, on the 2d day of October, 1849. The summons issued b]r the justice, commanded the constable to summon the defendant to answer the complaint of S. M. More and 38. Connelly, for the use of William Fordham. There was no appearance by the defendant before the justice.
Read the full summary
This suit was originally commenced before a justice of the peace of Kane county, on the 2d day of October, 1849. The summons issued b]r the justice, commanded the constable to summon the defendant to answer the complaint of S. M. More and 38. Connelly, for the use of William Fordham. There was no appearance by the defendant before the justice. The justice rendered judgment against the-appellant in favor of S.-M..More and B. Connelly, for the use of William Fordham, for the sum of ninety dollars. The defendant appealed to the Circuit Court, and filed his appeal bond in.proper form, payable to…
1Opinion of the Court
Opinion by Treat, C. J.:
In our opinion, the Circuit Court erred in allowing the amendment. It was, in fact, changing the parties to the action, without anything appearing in the case to justify it. Amendments are always allowed, where there is anything to amend by, and injustice will not result to the other party. This was not the case of a mistake or misprision, which was within the provisions of the statute of amendments and jeofails. The common law did not permit amendments of this character, and we have no statute that authorizes them to be made. The general rule seems to be well…
2Cases cited3 opinions
- Brace v. BensonNew York Supreme Court · 1833
- Chamberlin v. HiteSupreme Court of Pennsylvania · 1836
- Willink & Willink v. Renwick & RenwickNew York Supreme Court · 1840
3Cited by3 opinions
- Final v. BackusMichigan Supreme Court · 1869
- Fencing District No. 6 of Woodruff County v. Missouri Pacific RailroadSupreme Court of Arkansas · 1929
- Baragwanath v. WilsonAppellate Court of Illinois · 1879