Varner v. Varner
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, by Margaret Varner against Andrew J. Varner, the declaration containing only the common counts. The defendant pleaded the general issue, and the Statute of Limitations—that the.causes of action did not accrue within five years before the commencement of the suit.
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Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, by Margaret Varner against Andrew J. Varner, the declaration containing only the common counts. The defendant pleaded the general issue, and the Statute of Limitations—that the.causes of action did not accrue within five years before the commencement of the suit. The plaintiff replied: (1.) That the said several causes of action in the several counts, etc., and each of them, did accrue to the plaintiff within five years before, etc. (2.) That the defendant did, within…
1Opinion of the Court
' Mr. Justice McAllister
delivered the opinion of the Court:
This was indebitatus assumpsit, upon the common counts. Pleas: The general issue, and Statute of Limitations. To the latter plea, several replications were filed : First, denying the plea generally. Second, that defendant did, within five veavs next before the commencement of the suit, undertake and promise, in manner and form as the plaintiff had above thereof complained against him. Lastly, a new promise within five years. Issue was joined upon these replications, and the cause tried by a jury, who found the issue in favor of…
2Cases cited1 opinion
- Keener v. CrullIllinois Supreme Court · 1857
3Cited by5 opinions
- Chicago & Alton Railroad v. FisherAppellate Court of Illinois · 1890
- Olcese v. Mobile Fruit & Trading Co.Appellate Court of Illinois · 1904
- Corrigan v. ReillyAppellate Court of Illinois · 1896
- Hotaling v. HuntingtonAppellate Court of Illinois · 1896
- Steude v. FischerAppellate Court of Illinois · 1893