Harding v. Filler

Appellate Court of Illinois

Harding v. Filler

211 Ill. App. 584

CourtAppellate Court of Illinois

DecidedJuly 12, 1918

DocketGen. No. 23,934

StatusPublished

This text of 211 Ill. App. 584 (Harding v. Filler) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harding v. Filler, 211 Ill. App. 584 (Ill. Ct. App. 1918).

Pincite

Opinion

Mr. Presiding Justice Dever

delivered the opinion of the court.

3. Equity, § 258* — when refusal to allow amendment of answer is proper. Where, on a bill for an accounting and to impress property with a trust, defendant files an answer simply denying the acts complained of, it is not error to refuse to permit defendant, after the master has prepared his report, to amend his answer so as to let in proof to show that complainant had ratified and acquiesced in those acts which the evidence showed the defendant had committed, especially where there is no claim of express ratification or acquiescence and the evidence before the master supports a finding that there was no sort of acquiescence or ratification.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Presiding Justice Dever

delivered the opinion of the court.

3. Equity, § 258* — when refusal to allow amendment of answer is proper. Where, on a bill for an accounting and to impress property with a trust, defendant files an answer simply denying the acts complained of, it is not error to refuse to permit defendant, after the master has prepared his report, to amend his answer so as to let in proof to show that complainant had ratified and acquiesced in those acts which the evidence showed the defendant had committed, especially where there is no claim of express ratification or acquiescence and the evidence before the master supports a finding that there was no sort of acquiescence or ratification.

Cite This Page — Counsel Stack

Bluebook (online)

211 Ill. App. 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harding-v-filler-illappct-1918.