Gage v. Commercial National Bank

Citations

• 86 Ill. 371

Syllabus

<p>Right oh trial by juey—changing the issue after a jury is waived. Where by agreement of parties a cause is submitted to the court for trial without the intervention of a jury, on issues joined, the trial to take place on a certain day, and on that day the plaintiff obtains leave to file an additional count to the declaration, and subsequently, by leave of court, an amended declaration is filed and entirely new and different issues are formed, it is error to force the parties to a trial without a jury, if either of them demands one.</p>