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BRANOM v. MILLER

Gen. No. 5908.

25 Ill. App.2d 94 (1960)

166 N.E.2d 123

Byge Branom, Plaintiff-Appellant, v. Clyde Miller, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Released for publication April 18, 1960.

Attorney(s) appearing for the Case

Kenneth A. Green, of Mattoon (Thomas J. Logue, of counsel) for plaintiff-appellant.

Smith, McCollum, and Riggle, of Flora, for defendant-appellee.

PRESIDING JUSTICE SCHEINEMAN delivered the opinion of the court.

The plaintiff, Byge Branom, appeals from an order which dismissed his suit on motion of the defendant, which set up a prior judgment in bar of the action. Plaintiff here contends that the prior judgment was merely a non-suit and that the present suit was filed within one year after the non-suit pursuant to Sec. 24-A, Ch. 83, Ill. Rev. St., which reads as follows:

"In any of the actions specified...

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