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Harrison v. Woyahn

December 11, 1958

TRAVERSE HARRISON, PLAINTIFF-APPELLANT,
v.
JERRY WOYAHN, DEFENDANT-APPELLEE.



Author: Finnegan

Before FINNEGAN, HASTINGS and PARKINSON, Circuit Judges.

FINNEGAN, Circuit Judge.

Illinois statutory provisions governing limitations form the hard core of this appeal: "The following actions can only be commenced within the periods hereinafter prescribed, except when a different limitation is prescribed by statute." Ill.Rev.Stat.1957, c. 83, par. 13 § 12; S.H.A. ch. 83, § 13." "Actions for damages for an injury to the person * * * shall be commenced within two years next after the cause of action accrued."*fn1 Ill.Rev.Stat.1957, c. 83, par. 15, § 14; S.H.A. ch. 83 § 15. "In any of the actions specified in any of the sections of this act, if judgment shall be given for the plaintiff, and the same be reversed by writ of error, or upon appeal; or if a verdict pass for the plaintiff, and, upon matter alleged in arrest of judgment, the judgment be given against the plaintiff; or, if the plaintiff be nonsuited, then, if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff, his or her heirs, executors, or administrators, as the case shall require, may commence a new action within one year after such judgment reversed or given against the plaintiff, and not after." Ill.Rev.Stat., 1957, c. 83, par. 24a, § 24; S.H.A. ch. 83, § 24a.

Plaintiff, Traverse Harrison, has been repeatedly suing Jerry Woyahn, defendant, for personal injuries suffered in a motor vehicle accident which occurred June 15, 1953 in Will County, Illinois and the following chronology of that litigation constitutes the undisputed facts to which the statutory sections, already mentioned, must be applied.

Date Cause No. Explanation

Oct. 8, 1954 No. 56536 Plaintiff commenced suit against defendant in

Circuit Court, Will County, Ill.

Oct. 25, 1955 No. 56536 Involuntary non-suit against plaintiff.

Nov. 4, 1955 No. 57539 Plaintiff again commenced suit

against defendant.

Dec. 10, 1957 No. 57539 Dismissed for want of prosecution.

Dec. 18, 1957 No. 57C2084 Suit commenced in U.S. District Court, below, by

plaintiff against defendant.

May 6, 1958 No. 57C2084 District Judge ...


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