Schmidt v. Braley

Citations

• 112 Ill. 48
• 1 N.E. 267

Syllabus

<p>1. Chancery—setting aside interlocutory orders, and allowing a new answer. A motion by a defendant in a bill, to set aside an interlocutory decree and for leave to file a new answer, is addressed to the sound discretion of the court, with which this court will not interfere, unless it can see that such discretion has been abused.</p> <p>2. Same—practice in respect to filing new answer. The proper practice in a case where a defendant desires to file a new answer to the bill, is to prepare the answer and submit it to the court with the motion for leave to file it. If the proposed new answer is frivolous, impertinent or scandalous, the court should not allow it to be filed. ,</p> <p>3. Presumptions in support of, judgment, or decree. Appellate tribunals will indulge in all reasonable presumptions in favor of the action of the court below, in order to sustain the judgment or decree reviewed.</p>