Saddler v. Nat. Bank of Bloomington

Full title: William E. Saddler, Appellant, v. National Bank of Bloomington, Appellee

Court: Appellate Court of Illinois

Date published: Oct 25, 1946

330 Ill. App. 130 (Ill. App. Ct. 1946)

70 N.E.2d 261

Opinion

Gen. No. 9,513. (Abstract of Decision.)

Opinion filed October 25, 1946 Rehearing denied December 28, 1946 Released for publication December 30, 1946

PLEADING, § 219^_ — broad powers to amend pleadings as given by Civil Practice Act. In action charging breach of lease of safety deposit box, where original complaint allegedly admitted contributory negligence which was alleged to be bar to action on lease, plaintiff should be permitted to remedy such improvident admission by amendment, since Civil Practice Act gives litigants broad powers to amend pleadings and trial courts have frequently been directed to be liberal in allowing amendments (Ill. Rev. Stat. 1945, ch. 110, par. 170; Jones Ill. Stats. Ann. 104.046).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of McLean county; the Hon. WILLIAM C. RADLIFF, Judge, presiding.

Reversed and remanded. Heard in this court at the October term, 1946;

Branson Wright and Chester Thomson, for appellant;

Cassidy, Sloan Crutcher, for appellee.

Opinion by JUSTICE HAYES.

Not to be published in full. Opinion filed October 25, 1946; rehearing denied December 28, 1946; released for publication December 30, 1946.