Brewer v. Stovall

Our disposition of this case is primarily concerned with a construction of section 48(1) (i) of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 48(1) (i)) which provides for dismissal of a complaint by a trial court upon a defendant’s motion supported by affidavit showing “[tjhat the claim or demand asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim or demand.”

Plaintiffs Jeffrey Brewer, a/k/a Jeffrey Wilson (a minor), appearing by Harriett Wilson, his mother and next friend, and Harriett Wilson in her own behalf…