Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 66 (September Term, 1872, And January Term, 1873)
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289 Syllabus. that time under the statute, and the party had ample time, after receiving -actual notice, to have done so, he was not entitled to the relief sought. 5. Limitations — siispension of by war. The fact of inaccessibility or iuabilit}' to sue seems to be the true reason why statutes of limitation are suspended during a time of war. The disability to sue which attaches to the character of alien enemy, continues onlj- while the party is abiding in his own country. Therefore, if a party ...residing in a seceding State at the •commencement of the late hostilities, should voluntarily leave his State and go into a foreign State or come to this State, it would seem that his disability to sue would cease. 6. Same — opening decree under IStli section of cliancery act. An appli- ■cation by a non-resident defendant under section 15 of the chancery act, to open a decree and be allowed to defend, being a defensive proceeding, is not afiected by the rule which prohibits an alien enemy from suing in the ■courts of this State, and therefore the accident of war attords no ground for suspending the limitation of three years in which such application must be made.
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