Fowler v. Fowler
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is a bill originally filed on December 5, 1901, in the Circuit court of Cook county by the appellant, Edna I. Fowler, against the appellee, Harriet Fowler, and Charles H. Fowler and Bernard Fowler, for the purpose of enforcing the specific performance of a contract, alleged to be embodied in certain letters which passed between Charles H. Fowler and the attorney of appellant.
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is a bill originally filed on December 5, 1901, in the Circuit court of Cook county by the appellant, Edna I. Fowler, against the appellee, Harriet Fowler, and Charles H. Fowler and Bernard Fowler, for the purpose of enforcing the specific performance of a contract, alleged to be embodied in certain letters which passed between Charles H. Fowler and the attorney of appellant. The appellant, Edna I. Fowler, is the daughter of Charles H. Fowler, and Harriet Fowler is her aunt, her father’s sister, and…
1Opinion of the CourtJustice Magruder
First—The first ground, upon which appellee seeks to sustain the decree of the lower court, is that the amendments to the second amended bill were not sworn to. It is said that, inasmuch as the second amended bill was sworn to, the amendments to it should also have been sworn to. The fact, that a bill is verified by affidavit, does not necessarily deprive the complainant of the benefit of an amendment. Amendments to bills in chancery are allowed with great liberality in furtherance of justice until the proofs are closed when the bill is not under oath, but greater caution is exercised in…
2Cases cited12 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Davidson v. BurkeIllinois Supreme Court · 1892
- Tryce v. DittusIllinois Supreme Court · 1902
- Speyer v. DesjardinsIllinois Supreme Court · 1892
- Bowman v. CunninghamIllinois Supreme Court · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Welsh v. JakstasIllinois Supreme Court · 1948
- Ames v. AmesIndiana Court of Appeals · 1910
- Marshall v. KeachIllinois Supreme Court · 1907
- Zempel v. HughesIllinois Supreme Court · 1908
- Rasch v. RaschIllinois Supreme Court · 1917
23 more not listed; retrieve them via the Exa API.