Merchants Loan & Trust Co. v. Boucher

The first claim of appellant is that on the issue of fact, no demurrer having been interposed to the plea of the Statute of Limitations to the amended engrossed declaration, the court should have instructed the jury to find a verdict for the defendant. The same question, in effect, was presented in the case of Chicago City Ry. Co. v. McMeen, 206 Ill. 108, and was decided against the contention here made, the court holding that the issue presented upon a plea and replication such as the one in this case was a mixed question of law and fact, and that it was for the jury to determine when the…