Sidway v. Marshall

Citations

• 83 Ill. 438

Syllabus

<p>1. Amendments and jeofails—mistake in plaintiff’s Christian name. Under the sixth section of the Statute of Amendments, the fact that the plaintiff’s Christian name in the summons is wrong, when it is stated correctly in the declaration, will not authorize the reversal of a judgment by default. It is sufficient if the name is once rightly alleged in any of the proceedings.</p> <p>3. The court, under the Practice Act, is authorized to allow an amendment in the pleadings, or any of the proceedings, by inserting the plaintiff’s true Christian name wherever omitted or stated incorrectly, without notice to the defendant.</p> <p>3. Same—right to impose terms or require notice. Where an amendment is allowed that is calculated to take either party by surprise, or that will affect the right or justice of the matter of the suit, or alter in any material respect the issues, the court may impose terms requiring notice to the party to be affected by it.</p>