Opinion
Gen. No. 41,903. (Abstract of Decision.)
Opinion filed June 19, 1942 Rehearing denied July 1, 1942
PLEADING, § 233 — right of joint owner to interest on condemnation judgment as separate cause of action. Where two persons owned property which was condemned and a judgment in the condemnation proceeding in favor of one was paid without interest, and he brought suit within five years to recover interest for the period the judgment remained unpaid, after five years had elapsed from the payment of the judgment, the other owner could not be made an additional party defendant to recover her share of the interest, her separate claim being barred by the limitations statute and section 46 of the Civil Practice Act on amendments did not apply (Ill. Rev. Stat. 1941, ch. 110, par. 170; Jones Ill. Stats. Ann. 104.046).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding.
Judgment order reversed, and judgment here in favor of William H. McCausland and against City of Chicago, a municipal corporation, defendant, for $607.10; and as to claim of Antoinette McCausland judgment entered here in favor of City of Chicago, a municipal corporation, defendant. Heard in second division, first district, this court at October term, 1941.
Barnet Hodes, Corporation Counsel, for appellant;
James A. Velde, John J. Mortimer and Barney Fagen, Assistant Corporation Counsel, of counsel;
Beckman, Healy, Reid Hough, for appellees;
Daniel M. Healy, of counsel.
"Not to be published in full." Opinion filed June 19, 1942; rehearing denied July 1, 1942.