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BREWER v. STOVALL

No. 14130.

369 N.E.2d 365 (1977)

54 Ill. App.3d 261

11 Ill.Dec. 911

Jeffrey BREWER, a/k/a Jeffrey Wilson, a minor, by Harriett Wilson, his mother and next friend, and Harriett Wilson, Plaintiffs-Appellants, v. Jack STOVALL, as Superintendent of Highways of Morgan County, and Morgan County, a political division of the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

November 4, 1977.

Attorney(s) appearing for the Case

Wiseman, Shaikewitz, McGivern & Wahl, Alton, for plaintiffs-appellants.

Rammelkamp, Bradney, Hall & Dahman, Jacksonville, for defendants-appellees; Robert E. Bradney, Jacksonville, of counsel.

GREEN, Justice.

Our disposition of this case is primarily concerned with a construction of section 48(1)(i) of the Civil Practice Act (Ill.Rev. Stat.1975, ch. 110, par. 48(1)(i)) which provides for dismissal of a complaint by a trial court upon a defendant's motion supported by affidavit showing "[T]hat the claim or demand asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim or demand."

Plaintiffs...

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