Legal Opinion

Janeway v. Burton

Appellate Court of Illinois

Decided June 5, 1902Published

Trespass to Personal Property.—Appeal from the Superior Court of Cook County; the Hon. Makous Kavanagh, Judge presiding.

1Opinion of the CourtJustice Ball

The motion to strike the appeal bond from the record and to dismiss the appeal herein was reserved to the hearing. That motion is overruled.

Appellants’ first point is that as suits on open accounts are outlawed in Illinois in five years, and in Rew Jersey, where appellants have lived since 1889, in six years, and as this suit was not begun until more than eight years after entry of judgment in the replevin suit, it is barred by the statute of limitations.

The object of the law-making power in enacting section 18, Ch. 83 R. S., entitled “ Limitations,” was to favor the resident as against the…

2Cases cited7 opinions

  1. Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
  2. Emory v. AddisIllinois Supreme Court · 1874
  3. West Chicago Street Railroad v. KruegerIllinois Supreme Court · 1897
  4. Blake v. BlakeIllinois Supreme Court · 1873
  5. Story v. ThompsonAppellate Court of Illinois · 1890

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