Kimball v. Hurlbut

Appellate Court of Illinois

Kimball v. Hurlbut

12 Ill. App. 500, 1882 Ill. App. LEXIS 216

CourtAppellate Court of Illinois

DecidedJanuary 3, 1883

StatusPublished

Cited by1 cases

This text of 12 Ill. App. 500 (Kimball v. Hurlbut) 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

Kimball v. Hurlbut, 12 Ill. App. 500, 1882 Ill. App. LEXIS 216 (Ill. Ct. App. 1883).

Pincite

Opinion

Per Curiam.

The decision of the Supreme Court in Gridley v. Barnes, 103 Ill. 211, is decisive of this case. It is there held that the liability imposed by the sixteenth section of the statute in relation to fire insurance companies, being in the nature of a statutory penalty, is within the provisions of the fourteenth section of the Statuté of Limitations, and is barred after two years from the time the action therefor accrues. It follows that the court below erred in sustaining the demurrer to the defendant’s plea setting up that period- of limitation. The judgment must therefore be reversed, and the cause remanded.

Judgment reversed.

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Per Curiam.

The decision of the Supreme Court in Gridley v. Barnes, 103 Ill. 211, is decisive of this case. It is there held that the liability imposed by the sixteenth section of the statute in relation to fire insurance companies, being in the nature of a statutory penalty, is within the provisions of the fourteenth section of the Statuté of Limitations, and is barred after two years from the time the action therefor accrues. It follows that the court below erred in sustaining the demurrer to the defendant’s plea setting up that period- of limitation. The judgment must therefore be reversed, and the cause remanded.

Judgment reversed.

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Bluebook (online)

12 Ill. App. 500, 1882 Ill. App. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-v-hurlbut-illappct-1883.

Opinion

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