DICKERMAN v. JONES, 328 Ill. App. 131 (1946)

65 N.E.2d 142

Gen. No. 43,336. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed February 14, 1946 Released for publication February 26, 1946

LIMITATIONS OF ACTION, § 113[*] — assignment to secure payment of attorney’s fees as evidence of indebtedness within purview of Limitations Act. In contract action by attorney, based on written assignment, to recover legal fees in divorce proceeding, where defendant contended that contract was oral and five year statute of limitations barred recovery, and it appeared that defendant executed written assignment acknowledging her obligation to pay balance of fees due plaintiff as her attorney and making assignment to him of portion of sum to be paid under decree, held that such instrument was evidence of indebtedness in writing within purview of Limitations Act (Ill. Rev. Stat. 1943, ch. 83, par. 17; Jones Ill. Stats. Ann. 107.276).

Appeal from the Circuit Court of Cook county; the Hon. DENIS J. NORMOYLE, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the February term, 1945.

Beckman, Healy, Reid Hough, for appellant;

William W. Curran, of counsel;

William T. Dickerman, pro se.

Opinion by JUSTICE SULLIVAN.

Not to be published in full. Opinion filed February 14, 1946; released for publication February 26, 1946.