Honore v. Wilshire

Citations

• 109 Ill. 103

Syllabus

<p>1. Foreclosure by assignee—by scire facias—as to the acknowledging of the assignment. It is not essential to the right of an assignee of a mortgagee to foreclose the mortgage by scire facias, under the provisions of section 17, chapter 95, of the Revised Statutes, that the assignment should be acknowledged.</p> <p>2. Statute—construction. A remedial statute extending a remedy should receive a liberal construction, so that it may accomplish the purposes designed by the legislature. An enlarged remedy should not be restricted by mere construction, so as to impose conditions or restrictions not required in the statute itself.</p> <p>3. Practice—time to make objection. A merely technical objection not affecting the merits of the case, and which may be obviated by amendment, should be made in the trial court, and if not so made it will be considered as waived. It comes too late when made in the appellate court for the first time.</p> <p>4. Amendment—changing party plaintiff. If a scire facias to foreclose a mortgage is improperly brought in the name of an assignee, an amendment is permissible, substituting the name of the mortgagee as plaintiff, for the use of the assignee.</p>