DEATH BY WRONGFUL ACT, § 17 — when order dismissing suit for wrongful death would be affirmed. On appeal in wrongful death action, order dismissing suit would be affirmed, notwithstanding error of trial court in sustaining defense and dismissing cause without vacating previous order denying prior motion based on same defense and without withdrawing answer which did not contain defense, since cause of action did not accrue within one year from suit against defendant and to send case back to trial court would be fruitless (Ill. Rev. Stat. 1945, ch. 70, pars. 1, 2; Jones Ill. Stats. Ann. 38.01, 38.02).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE KILEY.
Not to be published in full. Opinion filed February 26, 1947; released for publication March 20, 1947.