Mecartney v. City of Chicago

Appellate Court of Illinois

Mecartney v. City of Chicago

211 Ill. App. 403

CourtAppellate Court of Illinois

DecidedJune 10, 1918

DocketGen. No. 23,935

StatusPublished

This text of 211 Ill. App. 403 (Mecartney v. City of Chicago) 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

Mecartney v. City of Chicago, 211 Ill. App. 403 (Ill. Ct. App. 1918).

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Opinion

Mr. Justice McSurely

delivered the opinion of the court.

2. Limitation of actions, § 121* — when request for leave to file plea is too late. Refusal to permit the filing of a plea setting up the statute of limitations is not error where leave to file it is first sought after trial and review and remandment by the Supremé Court. 3. Limitation of actions, § 106* — when refusal to allow filing of plea is not error. Refusal to permit the filing of a plea setting up the statute of limitations is not error where, even if the plea should be sustained, it would not end the litigation, but would leave open to plaintiff the remedy of assumpsit or of mandamus. 4. Appeat. and ebbob, § 1725* — what matters deemed adjudicated on former appeal. The rule is that not only those matters which are presented for determination, but also those which could have been presented, shall be deemed to have been adjudicated by the decision of the Supreme Court on a former appeal.

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Mr. Justice McSurely

delivered the opinion of the court.

2. Limitation of actions, § 121* — when request for leave to file plea is too late. Refusal to permit the filing of a plea setting up the statute of limitations is not error where leave to file it is first sought after trial and review and remandment by the Supremé Court. 3. Limitation of actions, § 106* — when refusal to allow filing of plea is not error. Refusal to permit the filing of a plea setting up the statute of limitations is not error where, even if the plea should be sustained, it would not end the litigation, but would leave open to plaintiff the remedy of assumpsit or of mandamus. 4. Appeat. and ebbob, § 1725* — what matters deemed adjudicated on former appeal. The rule is that not only those matters which are presented for determination, but also those which could have been presented, shall be deemed to have been adjudicated by the decision of the Supreme Court on a former appeal.

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Bluebook (online)

211 Ill. App. 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mecartney-v-city-of-chicago-illappct-1918.