Misch v. McAlpine

Citations

• 78 Ill. 507

Syllabus

<p>1. Practice—learoe to file additional pleas. Leave should be given to a defendant who has pleaded the general issue, to file additional pleas, where it appears that an additional plea is indispensable to enable the defendant to make a legal defense, and he has been guilty of no culpable negligence in asking for such leave.</p> <p>2. Amendment—terms imposed by the court must be just and reasonable. Under the statute, amendments are to be allowed upon such terms as are just and reasonable, in the discretion of the court; but such terms must not be so onerous as would practically amount to a deprivation of the right secured by the statute.</p> <p>3. It is error to require as a part of the terms .upon which an amendment may be made, that the party asking leave to amend will not ask for a continuance of the cause, when it appears that he could not submit to such terms without abandoning his defense.</p> <p>4. Such terms imposed under such circumstances are unreasonable, and amount to a denial of an opportunity to make a legal defense.</p>