Toledo, Peoria & Warsaw Railway Co. v. Butler

Citations

• 53 Ill. 323

Syllabus

<p>1. Notice—of amendment of officer’s return. Leave will be granted to an officer to amend his return, as a matter of course, and notice to the opposite party of the intended application for such leave is not necessary.</p> <p>2. Error—obviated by amendment in the court below. Where judgment is entered by default, and it is assigned for error that the sheriff’s return was insufficient, such error may be obviated by amendment in the court below.</p> <p>3. Costs—where error is removed by amendment in the court below. Where the record in the circuit court, after a writ of error is sued out, is so amended as to remove the error of which complaint has been made, a motion by the plaintiff in error for judgment for costs comes too late after the amended record is filed. Such motion should be interposed or terms should be insisted upon by the plaintiff in error when the application is made to file the amended record, when it is discretionary with the court to require the payment of costs as a condition to the filing of the same.</p>