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TIDWELL v. SMITH

Gen. No. 64-93.

57 Ill. App.2d 271 (1965)

205 N.E.2d 484

Artie V. Tidwell, Plaintiff-Appellant, v. R. Glenn Smith, Edward V. Platt, and The Sisters of the Third Order of St. Francis, a Corporation, Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied April 9, 1965.

Attorney(s) appearing for the Case

John R. Snively, of Rockford, for appellant.

Haye & Keegan (Frederich H. Haye, of counsel), for R. Glenn Smith and Edward V. Platt; Williams, McCarthy & Kinley (John C. McCarthy, of counsel), for The Sisters of the Third Order of St. Francis, a corporation, appellees.

MR. JUSTICE DAVIS delivered the opinion of the court.

This is an action testing the applicability of section 24 of the Limitations Act, (Ill Rev Stats 1963, c 83, par 24a) which provides in part that:

"In any of the actions specified in any of the sections of this act ... if the plaintiff ... shall be nonsuited, then, if the time limited for bringing such action shall have expired during the pendency of such suit, the said plaintiff ... may commence a new...

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