Gebhart v. Adams
Illinois Supreme Court
The declaration in this case is substantially as follows : Frederick" Gebhart, plaintiff, complains of Reason Adams, defendant in custody, etc., of a plea that he render unto the said plaintiff the sum of one thousand and twenty-eight dollars, which he, the defendant, owes to and justly detains from him, the said plaintiff; For that whereas, heretofore, to wit, on the first day of Janpary, A. D. 1854, and from thenceforward continually until the commencement of this suit, at…
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The declaration in this case is substantially as follows : Frederick" Gebhart, plaintiff, complains of Reason Adams, defendant in custody, etc., of a plea that he render unto the said plaintiff the sum of one thousand and twenty-eight dollars, which he, the defendant, owes to and justly detains from him, the said plaintiff; For that whereas, heretofore, to wit, on the first day of Janpary, A. D. 1854, and from thenceforward continually until the commencement of this suit, at the county and circuit aforesaid, the said plaintiff was the owner, in fee simple, of certain lands, (describing them,)…
1Opinion of the CourtBreese, J.
It is now well settled that the statute of limitations must be specially pleaded, however contrary it may be to the original design of the statute, to all actions of a personal nature. It cannot, by demurrer to the declaration, be used as a defense. In an action on a penal statute, to make the statute of limitations available as a bar, it must be specially pleaded. Under the general issue, the lapse of time might be given in evidence to defeat the action, as well as under the plea of the statute. We have decided, in Burnap v. Wight, 14 Ill. R. 304, that the statute of limitations cannot be…
2Cases cited1 opinion
- Johnson v. United StatesU.S. Circuit Court for the District of Michigan · 1842
3Cited by11 opinions
- Ashley v. EiseleSupreme Court of Arkansas · 1969
- Gray v. Grand Trunk Western Ry. Co.Court of Appeals for the Seventh Circuit · 1907
- People v. Four Thousand Eight Hundred Fifty DollarsAppellate Court of Illinois · 2011
- State Bank v. Potosi Tie & Lumber Co.Appellate Court of Illinois · 1939
- People v. StraussAppellate Court of Illinois · 1901
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