Healy v. Charnley

Citations

• 79 Ill. 592

Syllabus

<p>1. Practice—amendment of affidavit of claim. Under the statute, it is within the discretion of the court to permit the plaintiff to amend the original affidavit of claim filed with the declaration, so as to conform to the provisions of the law on that subject.</p> <p>2. An affidavit of claim filed with the declaration, though no part thereof, is itself a pleading authorized by the statute, and is amendable like any other statement of the plaintiff’s case.</p> <p>3. Same—time for filing affidavit of claim may be entended. Upon good cause shown, the time for filing an affidavit of claim may be extended for such reasonable time as the court shall order.</p> <p>4. Where an affidavit of claim is filed with the declaration, and an amended affidavit is afterwards filed by leave of court, the amended affidavit will be treated as a new one, and the leave to file it will be regarded as, in effect, an extension of time in which to file it.</p>