McDowell v. Town

Citations

• 90 Ill. 359

Syllabus

<p>1. Amendments—changing parties to suits. Where a suit was brought before a justice of the peace in the name of one for the use of another, on an appeal to the circuit court an amendment may be allowed, under section 24 of the Practice act (Rev. Stat. 1874), by striking out the name of the nominal plaintiff and permitting the suit to proceed in the name of the beneficial plaintiff.</p> <p>2. This section allows any and all amendments, in form or substance, in any process, pleading or proceeding, which may enable the plaintiff to sustain his action on the claim on which it was intended to be brought, or the defendant to make a legal defense. If the opposite party is taken by surprise, and is unprepared to meet the case as made by the amendment, he should show that fact and ask for a continuance.</p> <p>3. Costs—on changing parties to suit. Where an amendment is allowed changing the parties to a suit by striking out the name of a nominal plaintiff and permitting the cause to proceed in the name of the beneficial plaintiff, costs will not be allowed against the plaintiff whose name is thus stricken out.</p>