Legal Opinion · Dissent

Eads v. Community Hospital

Indiana Court of Appeals

Decided June 23, 2009No. 45A03-0807-CV-350Published

1DissentKirsch, Judge

The [Journey's Account Statute] is designed to insure to the diligent suitor *1015the right to a hearing in court till he reaches a judgment on the merits. Its broad and liberal purpose is not to be frittered away by any narrow construction. The important consideration is that, by invoking judicial aid, a litigant gives timely notice to his adversary of a present purpose to maintain his rights before the courts. When that has been done, a mistaken belief that the court has jurisdiction stands on the same plane as any other mistake of law.

McGill v. Ling, 801 N.E.2d 678, 685 (Ind. Ct.App.2004)…

2Cases cited18 opinions

  1. Gaines v. . City of New YorkNew York Court of Appeals · 1915
  2. Collins v. ThakkarIndiana Court of Appeals · 1990
  3. Winona Memorial Foundation of Indianapolis v. LomaxIndiana Court of Appeals · 1984
  4. Vesolowski Ex Rel. Vesolowski v. RepayIndiana Supreme Court · 1988
  5. McGill v. LingIndiana Court of Appeals · 2004

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