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Strauss v. Smyth

Appellate Court of Illinois
Oct 22, 1945
326 Ill. App. 687 (Ill. App. Ct. 1945)

Opinion

Gen. No. 10,025. (Abstract of Decision.)

Opinion filed October 22, 1945 Released for publication November 12, 1945

LIMITATIONS OF ACTION, § 87residence in another State after accrual of action as toiling limitation Period. Where proceeding was brought on note, and defendant relied upon 10-year statute of limitations, held that plaintiff's action was not barred for reason that defendant had departed from and resided out of State for year and half after cause of action had accrued, and statute of limitations was tolled for such length of time (Ill. Rev. Stat. 1943, ch. 83, par. 19; Jones Ill. State. Ann. 107.278).

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Du Page county; the Hon. WIN G. KNOCH, Judge, presiding.

Reversed and remanded with directions. Heard in this court at the February term, 1945.

Julius C. Greenbaum, for appellant;

Perry Elliott, for appellees.


Not to be published in full. Opinion filed Octo. ber 22, 1945; released for publication November 12, 1945.


Summaries of

Strauss v. Smyth

Appellate Court of Illinois
Oct 22, 1945
326 Ill. App. 687 (Ill. App. Ct. 1945)
Case details for

Strauss v. Smyth

Case Details

Full title:Jesse L. Strauss, Appellant, v. Cornelius Smyth et al., Appellees. Appeal…

Court:Appellate Court of Illinois

Date published: Oct 22, 1945

Citations

326 Ill. App. 687 (Ill. App. Ct. 1945)
63 N.E.2d 271

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