Public-domain · open source
OpenJurist

83 Ill. 484

Jones v. Kennicott

Illinois Supreme Court

Decided September 15, 1876

Illinois Supreme Court · decided 1876-09-15

<p>Appeal from the Circuit Court of DeKalb county; the Hon. Theodore D. Murphy, Judge, presiding.</p>

Relies on Malcolm v. Andrews

Good law ✅— No negative treatment on recordhow we know

Decided 1876-09-15

How this case has been cited

Cited by 13 later decisions — most recently March 1958

13 state decisions

50187618801890190019101920193019401950decided

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.

View the full empirical analysis of this case →

Mr. Justice Dickey

¶1delivered the opinion of the Court:

¶2This was a petition for ne exeat, filed by appellant, against appellee. The writ was issued, appellee arrested and let to bail, and, at the return term, the defendant moved to quash the writ for insufficiency of the petition. This motion was sustained by the court. Appellant asked leave to amend the petition, which was refused, and, by order of court, the suit was dismissed.

¶3It is now insisted that it was error to quash the writ. The petition was defective, in not showing that the property alleged to have been sold by the defendant was not exempt from execution. Malcolm v. Andrews, 68 Ill. 100.

¶4It is contended that it was error to refuse to grant leave to amend. It is not shown by the record what amendment the petitioner proposed to make. A court should allow amendments to sworn pleadings only with great caution, and, before allowing such amendment, the party asking leave to amend should present and submit, in writing, the amendment proposed to be made, supported with an affidavit of its truth and some explanation of the reason why the matter proposed to be' added was not originally inserted.

¶5Again, the application came too late. The writ was quashed. The defendant was no longer in court. Had the petition been made good by amendment, a new writ would have béen required. So the amendment could have done appellant no good.

¶6The judgment must be affirmed.

¶7Judgment affirmed.

/83/ill/484 · .json · Public domain