Carnahan v. McKinley

This is an appeal from a judgment of the Circuit Court of Saline County, Illinois, dismissing the defendant’s counterclaim on the ground that it was barred by the statute of limitations.

On September 5, 1963, the plaintiff, Ben Carnahan, filed his complaint against the defendant, John McKinley, for damages arising out of an automobile accident which occurred on October 7, 1962. On April 1, 1965, after having withdrawn a motion attacking the complaint, the defendant filed an answer and counterclaim against the plaintiff which sought damages for injury to the defendant’s automobile (Count I) and…