Steers v. Brownell
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. The plaintiff filed the common counts in assumpsit. The ■defendant pleaded general issue, payment, Statute of Limitations and set-off.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding. The plaintiff filed the common counts in assumpsit. The ■defendant pleaded general issue, payment, Statute of Limitations and set-off. To the plea of set-off, plaintiff, under leave, filed several replications, the third being that the defendant ought not to have his set-off, etc., except as to the sum that shall be found due on plaintiff’s claim, because, he says, the several supposed causes of action in the plea of set-off…
1Opinion of the CourtJustice Shops
But one question arises in this ease which we deem it necessary to discuss. It arises on the demurrer to the rejoinder to a replication to the plea of set-off, and involves the construction of section 1Y, chapter 83, (Limitations,) of the Revised Statutes. The question is, whether that s’eetion of the Limitation act, in the cases therein mentioned, removes the bar of the statute from a claim pleaded as a set-off, to the extent of the entire claim so pleaded, or only so. far as may be necessary to defeat the plaintiff’s cause of action. That section is as follows: “A defendant may plead a…
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