Mills v. Executors of Bland

Citations

• 76 Ill. 381

Syllabus

<p>1. Continuance—on amendment of declaration—affidavit. An affidavit for a continuance by a defendant on the ground of an amendment of the declaration, should show that the party has a meritorious defense to the action, and that he was taken by surprise, and should also state facts from which the court can see that by reason of the amendment the defendant is unprepared for trial, and that at another term a good defense can be interposed.</p> <p>2. Abatement—suit brought in the name of a deceased persons After the death of the plaintiff had been suggested, and her personal representatives substituted and the declaration amended accordingly, and the defendant had filed the general issue, the defendant asked for time to prepare an affidavit showing that the original plaintiff was dead before the suit was brought, which the court refused: Held, no error, as the objection could be taken advantage of only by plea in abatement, and that could not be done after pleading to the merits.</p>