Public-domain · open source
OpenJurist

19 Ill. 394

Van Alstine v. Lemons

Illinois Supreme Court

Decided December 15, 1857

Illinois Supreme Court · decided 1857-12-15

APPEAL PROM: ST. CLAIR. The appellant before the Circuit Court where the case was pending, on appeal from the County Court, presented an account, and in order to sustain the second item of said account, produced the decree of the Surrogate Court of the county of New York. The defendant’s counsel objecting, the court, pro forma, sustained the objection, and excluded the said decree as evidence.

Decided 1857-12-15

Catón, C. J.

¶1The precise question which is presented by this record, was distinctly raised and expressly decided in the case of Baker v. Brown, 18 Ill. R. 91, and we deem it unnecessary to add anything in this place to the reasons there assigned. The decision there was, that the statute of limitations of 1849 did run against a judgment rendered in another State, against a resident of that State, who had there died, and where administration had not been taken out in this State till within the period limited by the statute for barring the cause of action. So the Circuit Court held in this case, and its judgment must be affirmed.

¶2Judgment affirmed.

/19/ill/394 · .json · Public domain