Hyman v. Bayne

Citations

• 83 Ill. 256

Syllabus

<p>1. Limitations — statutes prior to 1873 apply to non-residents. The statutes of limitation in force in this State prior to 1873, when both parties have, at all times, resided continuously out of this State for the statutory period, bar a recovery. The provision that the time any defendant is absent from this State shall not be counted, and allowing suit after his return, does not apply to non-residents who have never been in the State.</p> <p>3. Same—actions barred in otlwr States. The twentieth section of the Limitation Law of 1873 bars a recovery upon causes of action arising in another State or foreign country, when, by the laws thereof, an action can not be maintained by lapse of time, and applies to causes of action barred by the laws of such other State or country at the time the act was passed. By it, suits are barred in our courts, if they are barred by the laws of another State, when the action is brought in this State, without reference to when suit is brought, so that it is after the adoption of the statute.</p> <p>3. Same—constitutionality of statutes. A statute barring a recovery upon a cause of action already barred by the laws of the State where it arose and the parties reside, or declaring that no suit should be maintained after its passage on a new promise to pay a debt barred, unless the new promise is in writing and signed by the debtor, or unless a new consideration was paid for the promise, is not contrary to public policy or any constitutional provision.</p> <p>4. Same—rule as to construing as prospective. Where a retrospective law operates harshly, the courts, presuming that the legislature intended no injustice, where the language is doubtful, will give it a prospective operation; hut if the language is clear and unmistakable, the courts will never hesitate to enforce it. But there is no hardship in barring an action already barred by the laws of a State where the parties reside and the cause of action arose.</p> <p>5. Same—repealing secti