Koch v. Sheppard
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This action was commenced by appellant against appellee in the superior court of Cook county April 9, 1902. By the declaration negligence is averred on the part of the appellee on December 14, 1899, thereby causing the death of one John Koch. Appellee pleaded the Statute of Limitations.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This action was commenced by appellant against appellee in the superior court of Cook county April 9, 1902. By the declaration negligence is averred on the part of the appellee on December 14, 1899, thereby causing the death of one John Koch. Appellee pleaded the Statute of Limitations. Appellant, in his second amended replication, averred that the cause of action accrued to plaintiff on December 14, 1899; that he filed…
1Opinion of the CourtJustice Carter
Appellant, who was the plaintiff below, urges that the trial court erred in sustaining the demurrer to the amended replication. At the time the first action was commenced the Statute of Limitations had not run, but when the declaration was filed in the second suit, now under consideration, the statute had run unless the non-suit under the first action was of such a nature as to bring the case within paragraph 25 of chapter 83 of the Revised Statutes of 1905, particularly that part which reads: “or if the plaintiff be non-suited, then, if the time limited for bringing such action shall have…
2Cases cited2 opinions
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