Lansing v. Birge

Illinois Supreme Court

Lansing v. Birge

3 Ill. 375

DecidedDecember 15, 1840

StatusPublished

This text of 3 Ill. 375 (Lansing v. Birge) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lansing v. Birge, 3 Ill. 375 (Ill. 1840).

Pincite

Opinion

Smith, Justice,

delivered the opinion of the Court:

The only point presented for decision in this case, the defendant’s plea being certainly bad, involves the simple question, whether, on the decision of a demurrer, by the Circuit Court on a plea, determining the plea bad, the defendant had a right to file an amended plea, of course.

We have no doubt that it is a matter in which the Circuit Court was vested with a discretion ; and having exercised that discretion, and refused the application to amend, the decision must be considered conclusive.

The judgment is affirmed with costs.

Judgment affirmed.

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Smith, Justice,

delivered the opinion of the Court:

The only point presented for decision in this case, the defendant’s plea being certainly bad, involves the simple question, whether, on the decision of a demurrer, by the Circuit Court on a plea, determining the plea bad, the defendant had a right to file an amended plea, of course.

We have no doubt that it is a matter in which the Circuit Court was vested with a discretion ; and having exercised that discretion, and refused the application to amend, the decision must be considered conclusive.

The judgment is affirmed with costs.

Judgment affirmed.

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Bluebook (online)

3 Ill. 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lansing-v-birge-ill-1840.