Opinion
Gen. No. 43,082. (Abstract of Decisions.)
Opinion filed December 18, 1945 Rehearing denied January 2, 1946 Released for publication January 2, 1946
PLEADING, § 125.5 — when motion for leave to file counterclaim is presented too late. Where motion for leave to file counterclaim was not presented until after proofs had been closed, case argued orally and court had indicated what its decision would be, court was clearly within its discretion in refusing to allow filing of counterclaim at that stage of proceeding.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN J. LUPE, Judge, presiding.
Decree affirmed. Heard in the second division, first district, this court at the June term, 1944.
William Henning Rubin, for appellant;
Friedlund, Levin Friedlund, for certain appellee;
Emil N. Levin, of counsel.
Not to be published in full. Opinion filed December 18, 1945; rehearing denied January 2, 1946; released for publication January 2, 1946.