49 Ill. App. 2d 482 - Waller v. Cooper’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under paragraph 2 of section 39 [the predecessor of section 46] it was required that the cause of action set up in the amendment not only grew out of the same transaction or occurrence, but that it must be substantially the same as set up in the original pleading. The requirement for substantial identity was omitted from paragraph 2 of section 46. The sole requirement of that paragraph is that the cause of action set up in the amendment grew out of the same transaction or occurrence set up in the original pleading. Briefly summarized, section 46 permits any amendment of a pleading, filed in apt time, after the time limited for commencing suit to set up a cause of action on any claim which was intended to be brought by the original pleading, provided, only, that it grew out of the same transaction or occurrence, and it is not necessary that the original pleading technically state a cause of action, or that a cause of action set out in the amendment be substantially the same as any cause of action stated in the original pleading.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 65 Ill. App. 3d 669 - Redmond v. Central Community Hospital

2. ““[L]est anyone might hereafter question whether an amendment under sections 46(1) and (2) relates back to a pleading which did not set forth a condition precedent under the Injuries Act, we are expressly disapproving the cases of Friend v. Alton R. Co., 283 Ill App 366 (1936) and Serio v. Slifkin, 291 Ill App 614, 9 NE2d 422 (1937) insofar as these cases interpret the right to amend under section 46 of the Civil Practice Act.” 49 Ill. App. 2d 482, 492 , 200 N.E.2d 105, 110 . Accord, Metropolitan Trust Co. v. Rowman Dairy Co. (1937), 292 Ill. App. 492 , 11 N.E.2d 847 .”

   1 later decision quote this exact passage · from the majority
   e.g. 65 Ill. App. 3d 669 - Redmond v. Central Community Hospital