Smith v. Grabbe

Appellate Court of Illinois

Smith v. Grabbe

196 Ill. App. 325

CourtAppellate Court of Illinois

DecidedOctober 20, 1915

DocketGen. No. 6,088

StatusPublished

Cited by1 cases

This text of 196 Ill. App. 325 (Smith v. Grabbe) 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

Smith v. Grabbe, 196 Ill. App. 325 (Ill. Ct. App. 1915).

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Opinion

Mr. Justice Carnes

delivered the opinion of the court.

7. Appeal and error, § 1802*—when cause remanded to permit amendment of declaration without considering effect of such amendment. Where a judgment is reversed because the declaration does not support the judgment, and the cause is remanded to permit an amendment of the declaration so as to state a cause of action, the Appellate Court will not consider whether the contemplated amendment will state a new cause of action and so render the declaration as amended liable to a plea of the statute of limitations where appellant’s counsel in argument insists on such question, and where appellee asserts the contrary and further urges that the point was not preserved for review, and where neither party cites authority sustaining his contentions.

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Mr. Justice Carnes

delivered the opinion of the court.

7. Appeal and error, § 1802*—when cause remanded to permit amendment of declaration without considering effect of such amendment. Where a judgment is reversed because the declaration does not support the judgment, and the cause is remanded to permit an amendment of the declaration so as to state a cause of action, the Appellate Court will not consider whether the contemplated amendment will state a new cause of action and so render the declaration as amended liable to a plea of the statute of limitations where appellant’s counsel in argument insists on such question, and where appellee asserts the contrary and further urges that the point was not preserved for review, and where neither party cites authority sustaining his contentions.

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Bluebook (online)

196 Ill. App. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-grabbe-illappct-1915.

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