BERNAT v. HENDRICKSON

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Docket Number

Gen. No. 43,082. (Abstract of Decisions.)

Attorney(S)

William Henning Rubin, for appellant; Friedlund, Levin Friedlund, for certain appellee; Emil N. Levin, of counsel.

Judges

Opinion by PRESIDING JUSTICE FRIEND.

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Mack Bernat, Plaintiff, v. H. Lawrence Hendrickson, as Trustee Under the 4602 N. Monticello Liquidation Trust, Known as Trust No. 7670 et al., Appellees. On Appeal of Barbara Kamm, Appellant.

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.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed December 18, 1945; rehearing denied January 2, 1946; released for publication January 2, 1946.

Mack Bernat, Plaintiff, v. H. Lawrence Hendrickson, as Trustee Under the 4602 N. Monticello Liquidation Trust, Known as Trust No. 7670 et al., Appellees. On Appeal of Barbara Kamm, Appellant.

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