Gildea v. Illinois Tunnel Co.

Appellate Court of Illinois

Gildea v. Illinois Tunnel Co.

185 Ill. App. 638

CourtAppellate Court of Illinois

DecidedApril 1, 1914

DocketGen. No. 18,829

StatusPublished

This text of 185 Ill. App. 638 (Gildea v. Illinois Tunnel Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gildea v. Illinois Tunnel Co., 185 Ill. App. 638 (Ill. Ct. App. 1914).

Pincite

Opinion

Me. Justice Baume

delivered the opinion of the court.

2. Limitation of actions, § 111*—when plea of statute to a count alleging different causes of action demurrable. Where an additional count was vulnerable to attack by special demurrer because it alleged three independent wrongful acts as ground for recovery, in the absence of such attack, if any one of such grounds for recovery or causes of action is not barred by the statute, a plea of the statute of limitations is subject to demurrer. 3. Limitation of actions, § 58*—when restatement does not constitute statement of new cause of action. Where an original declaration merely stated a cause of action defectively, a restatement of the cause of action in apt form does not amount to a statement of a new or different cause of action.

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Me. Justice Baume

delivered the opinion of the court.

2. Limitation of actions, § 111*—when plea of statute to a count alleging different causes of action demurrable. Where an additional count was vulnerable to attack by special demurrer because it alleged three independent wrongful acts as ground for recovery, in the absence of such attack, if any one of such grounds for recovery or causes of action is not barred by the statute, a plea of the statute of limitations is subject to demurrer. 3. Limitation of actions, § 58*—when restatement does not constitute statement of new cause of action. Where an original declaration merely stated a cause of action defectively, a restatement of the cause of action in apt form does not amount to a statement of a new or different cause of action.

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Bluebook (online)

185 Ill. App. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gildea-v-illinois-tunnel-co-illappct-1914.