Legal Opinion

American Brake Shoe & Foundry Co. v. Hank

Appellate Court of Illinois

Decided October 23, 1906No. Gen. No. 12,710PublishedCited by 1 opinion

Action in case for personal injuries. Appeal from the City Court of Chicago Heights; the Hon. Homer Abbott, Judge, presiding.. Heard in the Branch Appellate Court at the October term, 1905.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

The original declaration contained two counts.

An additional count appears to have been filed upon the day the verdict was rendered, it is said, without leave of court first obtained. Four days after, an order appears of record, giving leave to file additional counts.

It is urged in behalf of appellant that the additional count filed without leave first obtained should not be regarded as a part of the record, and that final judgment should not have been entered without a plea to such additional count first filed or an issue made…

2Cases cited4 opinions

  1. Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
  2. Illinois Steel Co. v. McFaddenIllinois Supreme Court · 1902
  3. Malott v. HoodIllinois Supreme Court · 1903
  4. Pressed Steel Car Co. v. HerathIllinois Supreme Court · 1904

3Cited by1 opinion

  1. Mansfield v. Southern Oregon StagesOregon Supreme Court · 1931

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