Frey v. Schaab

Mr. Presiding Justice Huffman

delivered the opinion of the court.

This case comes to this court by transfer from the Supreme Court. The nature of the case, the pleadings, the decree appealed from, and the errors assigned, are fully set out in the opinion of the Supreme Court (Frey v. Schaab, 379 Ill. 315).

Each error assigned by appellants, in the final analysis, is based upon the question whether the complaint and amended complaint stated a cause for equitable relief. Appellants by the last error assigned, complain of the action of the trial court in denying them leave to file an amended…