Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Nagatoshi v. Ex-Cello Corp.

September 20, 1960

PAUL NAGATOSHI, PLAINTIFF-APPELLANT,
v.
EX-CELLO CORPORATION, A CORPORATION, AND THE AMERICAN PAPER BOTTLE COMPANY, AN OHIO CORPORATION, DEFENDANTS-APPELLEES.



Author: Schnackenberg

Before HASTINGS, Chief Judge, and SCHNACKENBERG and CASTLE, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

On July 6, 1959, Paul Nagatoshi, plaintiff, filed in the Circuit Court of Cook County, Illinois, a complaint for damages for an injury to his person, allegedly sustained by plaintiff on July 3, 1957, occasioned by the alleged negligence of ExCello Corporation, a corporation, and The American Paper Bottle Company, an Ohio corporation, defendants.

The cause having been removed to the United States District Court for the Northern District of Illinois, Eastern Division, defendants moved to strike plaintiff's complaint, upon the ground, inter alia, that the cause of action did not accrue within two years prior to the date of filing suit as required under the law of Illinois.

Thereafter the district court granted said motion and ordered "that the complaint be and hereby is stricken and that these proceedings be and hereby are terminated and closed,"*fn1 from which plaintiff has appealed.

Sec. 15, ch. 83, R.S.Ill.1959, provides:

"Actions for damages for an injury to the person, * * * shall be commenced within two years next after the cause of action accrued." Sec. 24, ch. 83, R.S.Ill.1959, reads:

"24. When action stayed time does not run.] ยง 23. When the commencement of an action is stayed by injunction, order of a judge or court, or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the actions." (Italics supplied.)

On June 15, 1959, an order was entered by the executive committee of the Circuit Court of Cook County, Illinois, reading as follows:

"It appearing to the Executive Committee that, by the statutes of this State, the 4th day of July, commonly called Independence Day, is declared to be a legal holiday.

"And it further appearing to the said Committee that Independence Day will fall on Saturday this year and that many employers in this area plan to close in observance of this holiday on the day before Independence Day, and that this method of observance will be practiced by many commercial, mercantile and insurance companies as well as governmental agencies in the community;

"It Is, Therefore, Ordered that the Circuit Court of Cook County and the office of the Clerk of the Circuit Court of Cook County shall be closed on Friday, July 3, 1959, and on Saturday, July 4 (Independence Day) 1959.

"It is Further Ordered that the time within which to file all motions, pleas, answers, or any other pleadings, the time for the filing of which will expire Friday, July 3, 1959, and Saturday, July 4, 1959, be, and it is hereby, extended to Monday, July 6, 1959, without further notice.

"It Is Further Ordered that all rules and orders made returnable and expiring on Friday, July 3, 1959, and Saturday, July 4, 1959, be, and they are hereby continued to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.