Gibbs v. Chicago Title & Trust Co.
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Judgment for defendant on demurrer to replication. Appeal by plaintiff.
1Opinion of the CourtJustice Horton
Two questions are presented by this record, viz.:
1st. Has the appellant, whose suit was dismissed on motion of the appellees for failure to file a declaration by the second term of court, been “ non-suited ” within the meaning of Sec. 25, Ch. 83, Eev. Stat. of Ill.?
2d. Should the appellant be permitted to establish the identity of the cause of action in the two suits by proof from without and in addition to the record ?
We shall first consider the second question. The section of the statute referred to is as follows :
“ In any of the actions specified in any of the sections of said act, if…
2Cases cited4 opinions
- Board of Education v. BlodgettIllinois Supreme Court · 1895
- Fish v. FarwellIllinois Supreme Court · 1895
- Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
- Illinois Steel Co. v. EylenfeldtAppellate Court of Illinois · 1896