Swan v. Burk

This was a suit originally commenced before a justice of the peace, based on a justice’s judgment recovered by appellant against appellee in the State of Indiana, rendered more than five years prior to the commencement of this suit.

The court below held the action barred by Sec. 15 of :e An Act in regard to Limitations,” laws 1871-2,556, which provides among other things that “ all civil actions not otherwise provided for shall be commenced within five years next after the cause of action accrued.

This holding is justified by counsel for appellee under Bemis v. Stanley, 93 Ill. 230, which…