Thompson v. Alexander
Illinois Supreme Court
This was an action in debt, brought in the Cass Circuit Court, by appellee against appellant, on a note dated May 11, 1837, to which action the defendant below pleaded that the cause of action set forth in the declaration accrued more than five years before the commencement of this suit, to wit, on the 11th day of May, A. D. 1838 ; to which plea plaintiff interposed a demurrer; to this there was a joinder.
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This was an action in debt, brought in the Cass Circuit Court, by appellee against appellant, on a note dated May 11, 1837, to which action the defendant below pleaded that the cause of action set forth in the declaration accrued more than five years before the commencement of this suit, to wit, on the 11th day of May, A. D. 1838 ; to which plea plaintiff interposed a demurrer; to this there was a joinder. The Court below sustained the demurrer, and the defendant not answering further, judgment was rendered for the plaintiff for his debt and damages, $168 83. From this judgment the defendant…
1Opinion of the Court
Opinion by Treat, C. J.:
This case depends entirely on the construction to be given to the act of the 10th of February, 1849, which reads as follows:
“ Section 1. Be it enacted by the People of the State of Illinois,, represented in the General Assembly, That all actions of trespass, detinue, trover, and replevin; all actions founded on any promissory note, bill of exchange, book account or simple contract; all actions founded on any promissory note, bond, judgment, contract, or indebtedness executed, rendered, entered into, or accrued beyond the limits of this state, and all actions on the…
2Cases cited3 opinions
- Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
- Whitman v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Prince v. United StatesU.S. Circuit Court for the District of Massachusetts · 1814
3Cited by30 opinions
- Eddy v. MorganIllinois Supreme Court · 1905
- Dobbins v. First National BankIllinois Supreme Court · 1884
- In re the Will of TullerIllinois Supreme Court · 1875
- Conway v. CableIllinois Supreme Court · 1865
- Warner v. KingIllinois Supreme Court · 1915
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