Newborg v. Freehling
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. The action in this case was brought on a judgment rendered 'in the State of Michigan. The defendant pleaded the Illinois statute of limitations of five and ten years respectively, to which the plaintiff under leave filed four replications. Defendant having demurred to such replications, the court below sustained said demurrer and entered judgment for costs against the plaintiff.
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Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. The action in this case was brought on a judgment rendered 'in the State of Michigan. The defendant pleaded the Illinois statute of limitations of five and ten years respectively, to which the plaintiff under leave filed four replications. Defendant having demurred to such replications, the court below sustained said demurrer and entered judgment for costs against the plaintiff. The second replication alleges that at the time the cause of action accrued, defendant was out of the State, and afterward…
1Opinion of the CourtWaterman, P. J.
Section 18 of the statute of limitations is as'follows: “ If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the times herein limited, after his coming into or return to the State. * * * But the foregoing provisions of this section shall not apply to any case when, at the time the cause of action accrued, or shall accrue, neither the party against nor in favor of whom the same accrued, or shall accrue, were or are residents of this State.”
This section in its first clause states a condition which will constitute a bar to the…
2Cases cited2 opinions
- Hyman v. BayneIllinois Supreme Court · 1876
- Portoues v. HolmesAppellate Court of Illinois · 1889