Legal Opinion

Erford v. City of Peoria

Illinois Supreme Court

Decided October 23, 1907PublishedCited by 61 opinions

Appeal, from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This is an action on the case brought by appellant in the circuit court of Peoria county for injuries received by him while driving along one of appellee’s streets on March 28, 1906. The suit was filed April 30, 1906, and appellee was served with summons on the 3d day of May, 1906. The declaration was filed May 4, 1906, and appellee filed its answer, by way of demurrer, May 15,…

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Appeal, from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This is an action on the case brought by appellant in the circuit court of Peoria county for injuries received by him while driving along one of appellee’s streets on March 28, 1906. The suit was filed April 30, 1906, and appellee was served with summons on the 3d day of May, 1906. The declaration was filed May 4, 1906, and appellee filed its answer, by way of demurrer, May 15, 1906, which demurrer was on the 14th day of November overruled by the court, and on the same day appellee filed the general…

1Opinion of the CourtJustice Vickers

The principal contention of appellant is, that section 2 of an act concerning suits at law for personal injuries and against cities, villages and towns is unconstitutional. Section 2 of said act (Hurd’s Stat. 1905, p. 1154,) is as follows: “Any person who is about to bring any action or suit at law in any court against any incorporated city, village or town for damages on account of any personal injury shall, within six months from the date of injury, or when the cause of action accrued, either by himself, agent or attorney, file in the office of the city attorney (if there is a city…

2Cases cited2 opinions

  1. People ex rel. Stuckart v. KnopfIllinois Supreme Court · 1900
  2. Hawthorn v. PeopleIllinois Supreme Court · 1883

3Cited by61 opinions

  1. Walters v. City of OttawaIllinois Supreme Court · 1909
  2. O'Brien v. Chicago City Railway Co.Illinois Supreme Court · 1922
  3. Wilbon v. D. F. Bast Co.Illinois Supreme Court · 1978
  4. Saragusa v. City of ChicagoIllinois Supreme Court · 1976
  5. Touhey v. City of DecaturIndiana Supreme Court · 1911

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