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eBook details

• Title: Roth v. Northern Assurance Co. Ltd.
• Author : Supreme Court of Illinois
• Release Date : January 24, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Rehearing denied January 19, 1965. This case involves the construction and application of section 24 of the Limitations Act which provides that ""if the plaintiff be nonsuited,"" and the time limited for bringing the action has run during the pendency of the action in which the non-suit was entered, the plaintiff may commence a new action within one year. (Ill. Rev. Stat. 1963, chap. 83, par. 24a.) The circuit court of Cook County held that section 24 does not apply to a new action to recover upon fire insurance policies, commenced within one year after the original action, brought in a federal district court, had been dismissed for want of the requisite jurisdictional amount. The appellate court affirmed, (46 Ill. App.2d 253) and we granted leave to appeal to review an asserted conflict in appellate court decisions. See, Swiontek v. Greenstein, 33 Ill. App.2d 355; Lundstrom v. Winnebago Newspapers, Inc., 32 Ill. App.2d 266 (abst. op.).

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