Fielding v. Fitzgerald

Citations

• 130 Ill. 437
• 22 N.E. 592

Syllabus

<p>1. Amendment of answer in chancery — after the hearing — how the application should be supported. After the trial of the issues in a chancery suit, an amendment of the answer retracting an important admission and presenting a different issue will not be allowed without affidavit'or other evidence in support of the application.</p> <p>2. A bill to contest a will showed that the will had been admitted to probate, and this was admitted by the answer. Atrial was had, resulting in a verdict against the alleged will. A motion for a new trial was entered at the same term. At the term following, the motion was overruled, when the proponents moved the court for leave to amend their answer, so as to show that at the trial there was a pending appeal from the order of the county court admitting the will to probate. The motion was not accompanied by any affidavit or other evidence showing the truthfulness of the proposed amendment, and the motion was overruled : Held, that the amendment was properly refused, for the reason it was not accompanied with any affidavit or other evidence showing the truth of the proposed amendment.</p>