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· 9/15/1874

Beatty v. Nickerson

Citations

  • 73 Ill. 605

Syllabus

<p>1. Limitations —fraud may he replied to a plea of statute. The plaintiff in an action may reply fraud to a plea of the Statute of Limitations.</p> <p>2. Pleading—must set out facts constituting fraud, when set up in reply to plea of Statute of Limitations. A replication to a plea of the Statute of Limitations, which sets up that the defendant fraudulently concealed from plaintiff the knowledge that a cause of action existed, and that suit was brought within the statutory period, after knowledge of the right of action came to plaintiff, must fully set out the facts relied upon as constituting such fraud, or it will he had on demurrer.</p>

Judges: Breese

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