Chapman v. Huttenlocher

JUSTICE THOMAS J. MORAN

delivered the opinion of the court.

This is an appeal from a judgment order entered after trial upon the issues raised by a motion to dismiss the complaint pursuant to section 48 of the Civil Practice Act (Ill Rev Stats 1963, c 110, § 48(1) (e))„ The defense asserts that counts I and II of the complaint are barred by the two-year statute of limitations applicable to personal injury claims.

The cause of action in question arose on December 29, 1963. Suit was instituted on January 26, 1966 — 28 days after the two-year statute of limitations had expired. A motion to dismiss…