Cooney v. A. Booth Packing Co.
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. This was a petition filed in the circuit court of Cook county by appellee, the A. Booth Packing Company, a corporation existing under the laws of Illinois, against appellant, Martin M. Cooney, and “all whom it may concern,” under the Burnt Records act, to establish and confirm its title to the east half of lot 7 in sub-block 1, and all of lot 12 in sub-block 2, all in Johnston’s…
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Appeal from the Circuit Court of Cook county; the Hon. Oliver H. Horton, Judge, presiding. This was a petition filed in the circuit court of Cook county by appellee, the A. Booth Packing Company, a corporation existing under the laws of Illinois, against appellant, Martin M. Cooney, and “all whom it may concern,” under the Burnt Records act, to establish and confirm its title to the east half of lot 7 in sub-block 1, and all of lot 12 in sub-block 2, all in Johnston’s subdivision of block 19, in Kinzie’s addition to Chicago, this addition being a subdivision of the north fraction of section…
1Opinion of the CourtJustice Carter
The trial court did not abuse its discretion in refusing leave to appellant to file his amended answer presented on February 9,—the day of the hearing. The issues had previously been made, and the cause set for trial by the consent, of the parties. The pleadings were under oath, and the amended answer contained an entirely new defense not before disclosed, and yet one which the defendant was fully cognizant of from the beginning, the facts constituting such new defense being especially within his knowledge. No reason was shown for the delay, nor why the matter contained in the amendment had…
2Cases cited5 opinions
- Carroll v. City of East St. LouisIllinois Supreme Court · 1873
- Barnes v. SuddardIllinois Supreme Court · 1886
- Chicago & Alton Railroad v. KeeganIllinois Supreme Court · 1894
- Gregg v. BrowerIllinois Supreme Court · 1873
- Wilcox v. JacksonIllinois Supreme Court · 1883
3Cited by6 opinions
- Chicago & Alton Railroad v. KeeganIllinois Supreme Court · 1900
- Calumet Council Building Corp. v. Standard Oil Co. of IndianaCourt of Appeals for the Seventh Circuit · 1948
- Daniels v. Belvidere Cemetery Ass'nAppellate Court of Illinois · 1901
- Hartford Deposit Co. v. RectorAppellate Court of Illinois · 1900
- Springer v. Chicago Real Estate L. & T. Co.Appellate Court of Illinois · 1902
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