Burnap v. Wight
Illinois Supreme Court
Tub defendant in error entered a motion to dismiss the writ of error for the reason, that the writ was not issued until after five years from the rendition of the judgment in the circuit court.
Read the full summary
Tub defendant in error entered a motion to dismiss the writ of error for the reason, that the writ was not issued until after five years from the rendition of the judgment in the circuit court. That no writ of error was issued and delivered to the proper officer for service before the expiration of five years ; that the writ of error and scire facias were not delivered by the plaintiff in error for the purpose of being served until after the expiration of five years from the rendition of judgment.
1Opinion of the CourtTreat, C. J.
Wight recovered a judgment against Burnap on the 3d of November, 1847. Burnap sued out a writ of error on the 23d of September, 1852, which was not delivered to the keeper of the record until the 2d of June, 1853. A scire facias, issued at the samé time, was not put into the hands of the sheriff till the 1st of June, 1853. A motion is now made to dismiss the writ of error, because the statute of limitations operates as a bar to its prosecution.
The motion must be refused on two grounds. 1. A defence of the statute of limitations cannot be interposed by a motion to dismiss. It must be relied on…
2Cited by15 opinions
- Schrœder v. Merchants & Mechanics' InsuranceIllinois Supreme Court · 1882
- Taylor Coal Co. v. Industrial CommissionIllinois Supreme Court · 1922
- Peterson v. Manhattan Life InsuranceIllinois Supreme Court · 1910
- Hougland v. Avery Coal & Mining Co.Illinois Supreme Court · 1910
- 601 West 81st Street Corp. v. City of ChicagoAppellate Court of Illinois · 1984
10 more not listed; retrieve them via the Exa API.