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51 Ill. App. 274

Thom v. Hess

Appellate Court of Illinois

Decided February 13, 1894

Appellate Court of Illinois · decided 1894-02-13

<p>1. Short Cause Calendar—Discretion of the Court.—It is discretionary with the court to stop the trial of a cause on the short cause calendar after more than an hour has been consumed in its trial.</p> <p>2. Compromise—Offers of, not Binding.—Offers of compromise do not bind; but admissions or statements of the facts are evidence, though made in an endeavor to effect a settlement.</p>

Relies on Bensley v. Brockway · Ogden v. Town of Lake View

Good law ✅— No negative treatment on recordhow we know

Decided 1894-02-13

How this case has been cited

Cited by 4 later decisions — most recently July 1923

4 state decisions

201894190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Opinion of Me. Justice Gary

¶1on petition foe eeheaeing.

¶2We omitted to notice in the original opinion the alleged error in denying a motion in arrest of judgment. The case was commenced by John M. and Luvenia Hess. All the pleadings remain so. At the trial an order was made thus: “ On motion of plaintiff’s attorney it is ordered that all papers and proceedings in said cause be, and are hereby amended by discontinuing as to the co-plaintiff, J. M. Hess.” Inartificial as this may be, the objection that no change was made in the pleadings is purely technical, and if Sec. 6 of Chap. 7, E. S., is to have any effect, should be disregarded.

¶3It is not like Ogden v. Town of Lake View, 121 Ill. 422, where leave to introduce a substantial matter was granted, but never acted upon. Here, so far as the pleadings can be affected by an order of record, the amendment is made. We have hitherto disregarded similar objections. Bensley v. Brockway, 27 Ill. App. 410; Wis. Cent. Ry. v. Weiczorck, No. 4796, last term. Petition denied.

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