Janeway v. Burton
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. This was an action of trespass, brought in the superior court of Cook county by A. Burton, the appellee, against the appellants, Henry Janeway, William R. Jane-way and Henry L. Jane way, Jr., co-partners. An attachment in aid was. sued out and served on the ag'ent of the defendants, as garnishee.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. This was an action of trespass, brought in the superior court of Cook county by A. Burton, the appellee, against the appellants, Henry Janeway, William R. Jane-way and Henry L. Jane way, Jr., co-partners. An attachment in aid was. sued out and served on the ag'ent of the defendants, as garnishee. In his answer the garnishee" admitted that he had in his hands moneys of the defendants in excess of the plaintiff’s demands. The…
1Opinion of the CourtJustice Carter
The first contention of appellants is, that the claim of appellee was barred by the Statute of Limitations, and that the court erred in sustaining the demurrer to appellants’ rejoinder setting up the statute of New Jersey. No error was committed. The bar of the foreign statute, even when pleaded in proper form, is available only when the cause of action accrued in the foreign State. (Hyman v. Bayne, 83 Ill. 256; Bemis v. Stanley, 93 id. 230; Collins v. Manville, 170 id. 614; Rev. Stat. chap. 83, sec. 20.) Nor is the bar of the Illinois statute available. Section 18 of the Limitation act…
2Cases cited4 opinions
- Sturges v. KeithIllinois Supreme Court · 1870
- Hyman v. BayneIllinois Supreme Court · 1876
- Jones v. JonesIllinois Supreme Court · 1874
- Cowan v. SmithIllinois Supreme Court · 1864
3Cited by22 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Laughlin v. HopkinsonIllinois Supreme Court · 1920
- Nelson v. RichardsonAppellate Court of Illinois · 1938
- Schwitters v. SpringerIllinois Supreme Court · 1908
- Manos v. Trans World Airlines, Inc.District Court, N.D. Illinois · 1969
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