Gregg v. Brower

Citations

• 67 Ill. 525

Syllabus

<p>1. Amendment—of Mil in chancery. Amendments to bills in chancery are allowed with great liberality, in furtherance of justice, until the proofs are closed, when the bill is not under oath, but greater caution is exercised in regard to amendments of bills where they are sworn to.</p> <p>2. Same—practice in English courts and ours. The practice in this State has not been so rigid as in the English and New York courts, in regard to amendments in chancery cases. They are regarded as peculiarly within the discretion of the court, and it has been usually allowed in furtherance of justice after replication filed, and even on the hearing. But the rule requiring a material amendment to a sworn bill to be sworn to, has not been relaxed in our practice.</p> <p>3. But where a bill for stating a partnership account also prayed for an injunction, and for that reason was sworn to, it was held, that the allowance of a material amendment of the same, after replication, not sworn to, which related solely to the basis on which the account was to be stated, and which did not change the equities of the parties in respect to the injunction, was not a ground of reversal.</p> <p>4. Chancery practice—rule to answer amendment. Where a defendant is duly served with process, and answers the original bill, it is not necessary to take a rule on him to answer an amendment to the bill. Being in court he is presumed to have notice of every step taken in the cause, and if he does not answer the bill as amended, it is his own fault.</p> <p>5. Same—setting cause for hearing. Although the statute provides that a bill in chancery shall stand for hearing at the next term after replication filed, yet there is no error in setting the cause for hearing at the same term, if the parties do not insist upon the statute.</p> <p>6. Same—decree may pass upon testimony of complainant alone. There is no rule in equity to prevent a decree on the unsupported testimony of the complainant, if the court credit his sta