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Larkin v. Gerhardt

Appellate Court of Illinois, First District. Second Division
Apr 21, 1959
21 Ill. App. 2d 122 (Ill. App. Ct. 1959)

Summary

In Larkin v. Gerhardt, 21 Ill. App.2d 122, 157 N.E.2d 426, it appeared that the original complaint was filed October 25, 1957, charging defamation on November 1, 1956. Thereafter, on December 11, 1957 an amended complaint based on alleged republication of the defamation on or about February 9, 1957 was filed. It was held that the amended complaint introduced a new cause of action and did not relate back to the time of the filing of the original complaint and was barred by the one year limitation statute.

Summary of this case from Lundstrom v. Winnebago Newspapers, Inc.

Opinion

Gen. No. 47,550. (Abstract of Decision.)

March 24, 1959. Released for publication April 21, 1959.

Appeal from the Superior Court of Cook county; the Hon. HAROLD G. WARD, Judge, presiding. Affirmed.

Frank Kirk, for plaintiff-appellant;

Schuyler, Stough Morris (Joseph R. Julin, John A. Collins, of counsel) for defendant-appellee.


Not to be published in full.


Summaries of

Larkin v. Gerhardt

Appellate Court of Illinois, First District. Second Division
Apr 21, 1959
21 Ill. App. 2d 122 (Ill. App. Ct. 1959)

In Larkin v. Gerhardt, 21 Ill. App.2d 122, 157 N.E.2d 426, it appeared that the original complaint was filed October 25, 1957, charging defamation on November 1, 1956. Thereafter, on December 11, 1957 an amended complaint based on alleged republication of the defamation on or about February 9, 1957 was filed. It was held that the amended complaint introduced a new cause of action and did not relate back to the time of the filing of the original complaint and was barred by the one year limitation statute.

Summary of this case from Lundstrom v. Winnebago Newspapers, Inc.
Case details for

Larkin v. Gerhardt

Case Details

Full title:William D. Larkin, Plaintiff-Appellant, v. William Gerhardt…

Court:Appellate Court of Illinois, First District. Second Division

Date published: Apr 21, 1959

Citations

21 Ill. App. 2d 122 (Ill. App. Ct. 1959)
157 N.E.2d 426

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