(DOWNLOAD) "Conner v. Copley Press" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Conner v. Copley Press
- Author : Supreme Court of Illinois
- Release Date : January 20, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On April 24, 1978, the plaintiff, Richard Conner, filed a defamation action in the United States District Court for the Southern District of Illinois against Copley Press, Inc. and Kitty Behof. The plaintiff's complaint was timely filed within the one-year period of the statute of limitations for such actions (Ill. Rev. Stat. 1977, ch. 83, par. 14). On October 4, 1978, the district court dismissed the plaintiff's action for lack of subject matter jurisdiction because it found that no diversity of citizenship existed between the parties. On December 14, 1978, the plaintiff filed a complaint with the same allegations of defamation in the circuit court of Sangamon County. The defendants moved to dismiss the complaint because it was not within one year of the date of the allegedly libelous publication. The court denied the motion to dismiss, holding that section 24 of the Limitations Act (Ill. Rev. Stat. 1977, ch. 83, par. 24a) was applicable. The period of limitation was thus extended, giving the plaintiff one year to file a suit from the time of dismissal of the district court action. The defendants were granted an interlocutory appeal to the appellate court under Rule 308 (58 Ill.2d R. 308) on the issue of the applicability of section 24. The appellate court reversed, holding that section 24, as it provided at the time the State suit was brought, did not cover the district court's dismissal for want of subject matter jurisdiction. (112 Ill. App.3d 248.) The plaintiff's petition for leave to appeal to this court under Rule 315 was granted. 87 Ill.2d R. 315.
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