Gage v. Brown

Citations

• 125 Ill. 522
• 17 N.E. 754

Syllabus

<p>1. Chancery—rule to answer, after amendment of bill. After the submission of a cause for hearing, upon the pleadings and proofs, the court, against the defendant’s protest, allowed an amendment of the bill asking relief not before sought, refused to continue the cause, and entered a decree embracing the new matters: Held, that the court could not properly proceed to hear the case made by the amendment, without first laying a rule upon the defendant to answer.</p> <p>2. Assignment of error—must be upon the record. Cross-errors, to be considered, must be written upon or attached to the record, as required by rule 15 of this court. It is not sufficient that they are written upon a separate piece of paper.</p>