(Download) "Aranda v. Hobart Mfg. Corp." by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Aranda v. Hobart Mfg. Corp.
- Author : Supreme Court of Illinois
- Release Date : January 23, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff, Eloy Aranda, brought suit in the circuit court of Cook County against defendant, Hobart Manufacturing Corporation, alleging that he was injured while operating a machine manufactured by defendant. Before service of summons, the suit, having been placed on the no progress call, was dismissed for want of prosecution. After the running of the relevant statute of limitations, an identical action was filed pursuant to section 24 of the Limitations Act (Ill. Rev. Stat. 1973, ch. 83, par. 24a), and summons for this second suit was promptly served. The trial court, relying upon Supreme Court Rule 103(b) (58 Ill.2d R. 103(b)), dismissed the second suit. It did so because it felt that the length of time between the filing of the first suit and the service of summons in the second case showed a lack of diligence by plaintiff in obtaining service. This dismissal was affirmed by the appellate court (35 Ill. App.3d 902), and we granted plaintiff leave to appeal. As an aid to understanding the history of this litigation, we include the following chronology of its significant events:
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