Hubbard v. National Stamping & Electric Works
Appellate Court of Illinois
Error to the Circuit Court of Cook county; the Hon. Oscab B. Heabd, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.
1Opinion of the CourtJustice Matchett
Plaintiff in error seeks to reverse a decree which dismissed his bill for want of equity. A demurrer to the bill having been sustained, complainant moved for leave to amend, which was granted. He did not amend within the time allowed and thereafter upon motion the bill was dismissed. Appellee makes the point that complainant did not elect to stand by his bill; that, by taking leave to amend it, he waived his right to question the rulings of the court upon the demurrer. We are inclined to think there is merit to this contention. Miller v. McCormick Harvesting Machine Co., 84 Ill. App. 571;…
2Cases cited9 opinions
- Bennett v. Union Central Life InsuranceIllinois Supreme Court · 1903
- Harding v. HawkinsIllinois Supreme Court · 1892
- Simpson v. SimpsonIllinois Supreme Court · 1916
- Paskewie v. East St. Louis & Suburban Railway Co.Illinois Supreme Court · 1917
- Cody v. Roane Iron Co.Tennessee Supreme Court · 1900
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3Cited by1 opinion
- Herrick v. WallaceOregon Supreme Court · 1925