Illinois Court of Claims Opinions
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Smith v. State of Illinois

2 Ill. Ct. Cl. 43 Illinois Court of Claims Filed 1908-12-19
Disposition: awarded Award: $200.00 Agency: Secretary of State
Cite as: Smith v. State of Illinois, 2 Ill. Ct. Cl. 43 (1908)
Legacy General 2 awarded 1900s Smith v. State of Illinois 2 Ill. Ct. Cl. 43 1908-12-19 awarded /opinions/v02-p0073-1/

LIBBIE M. SMITH v. STATE OF ILLINOIS.

Case summary

Claimant sought refund of a $200 license fee paid under an act later held unconstitutional. The court followed Di Cosola v. State and awarded $200 with consent of the Attorney General.

Claim type: Unjust Enrichment Refund

Cases cited: Di Cosola v. State; Mathews v. The People, 202 Ill. 389

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. LICENSE FEE-Di Cosola v. State ante followed. This claim is

LIBBIE M. SMITH

v.

STATE OF ILLINOIS.

Opinion filed December 19, 1908.

LICENSE FEE-Di Cosola v. State ante followed. This claim is similar to that of Di Cosola v. State, supra, and the law governing the allowance of that claim applies to this claim.

Homer J. Galpin, for Claimant.

W. H. Stead, Attorney General, for State.

Libbie M. Smith, claimant herein, seeks to recover two hundred ($200.00) dollars on account of the payment by her of a license fee in that amount to Honorable James A. Rose, Secretary of State, on or about May 10, 1902, for a license to operate a "private employment agency for hire" in the city of Chicago, under an Act of the General Assembly relative thereto, passed April 11, 1899, and going into effect July 1, 1899, held unconstitutional by the Supreme Court April 24, 1903, in the case of Mathews v. The People, 202 Ill., 389.

This case is on the same state of facts and involves the same questions as in the case of Mandele Di Cosola v. The State, decided by this Court at the present term, and in which an award was made in favor of the claimant. What was said and held in that case controls in this; and likewise, as in that case, the Honorable Attorney General consents to an award herein in the sum of two hundred ($200.00) dollars.

We, therefore, accordingly award claimant the sum of two hundred ($200.00) dollars.

Official volume 2 (Compiled and Reported by the Authority of the State of Illinois 1906–1916)  ·  All opinions in this volume  ·  Also on CourtListener

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