Summary
In People ex rel. Horejs v. Stedronsky, 321 Ill. App. 310 (Abst.), a mandamus proceeding to compel payment of salaries of firemen and policemen of the Town of Cicero, where judgment was entered directing payment of salaries accruing after institution of the suit, we said: "By section 39 of the Civil Practice Act (Ill. Rev. Stat. 1941, chap. 110, par. 163) supplemental pleadings, setting up matters which have arisen after the original pleadings have been filed, may be filed within a reasonable time by either party by leave of court and upon terms.
Summary of this case from Woodruff v. City of ChicagoOpinion
Gen. No. 42,780. (Abstract of Decision.)
Opinion filed January 24, 1944
PLEADING, § 286 — propriety of allowance of supplemental pleadings as to matters arising subsequent to institution of suit. Supplemental pleadings setting up matters which have arisen after original pleadings have been filed may be filed within reasonable time by either party by leave of court upon terms, and hence, in proceedings wherein petitioner sought issuance of writ of mandamus to compel town of Cicero to pay certain salaries to policemen and firemen of such town, fact that petitioner sought by supplemental complaint to compel payment of salaries becoming due after institution of suit did not render erroneous action of trial court in permitting such supplemental complaint to be filed, as trial court was acting within its discretion in so doing (Ill. Rev. Stat. 1941, ch. 110, par. 163; Jones Ill. Stats. Ann. 104.039).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1943.
E. Marvin Capouch, Albert Mysogland and Markman, Donovan Sullivan, for appellants;
Thomas C. Donovan, of counsel;
Michael F. Ryan, for appellees.
Not to be published in full. Opinion filed January 24, 1944.