March v. Mayers

Citations

• 85 Ill. 177

Syllabus

<p>1. Amendments—in chancery, generally. The question of amendments in chancery proceedings, is one very much in the discretion of the court, if there be no peremptory rule of practice, whether such rule be prescribed by statute, or is founded in the general usage and practice of courts of equity.</p> <p>3. Same—of hill after demurrer. Where a demurrer going to the whole merits of a bill in chancery, is sustained for want of equity, it is not the practice to allow amendments so as to make a new case with new parties.</p> <p>3. Limitation—on hill to foreclose. Where an action at law upon a note is barred by the Statute of Limitations, no foreclosure can be had of a mortgage given to secure its payment.</p>