McCLINTIC-MARSHALL CONSTRUCTION COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought refund of a franchise tax claimed to have been illegally paid. The Attorney General moved to dismiss for want of prosecution, and claimant did not resist, so the case was dismissed.

Claim type: Tax Refund

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

Headnotes

McCLINTIC-MARSHALL CONSTRUCTION COMPANY, Claimant, vs. STATE DISMISSAL-when case will be dismissed for want of prosecution.

DISMISSAL-when case will be dismissed for want of prosecution. Where motion to dismiss case for want of prosecution is not resisted by claimant, the case will be dismissed. BUSBY, WEBER, MILLER & DONOVAN, for claimant. OSCAR E. CARLSTROM, Attorney General; DAVID J. KADYK, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

On June 30th, 1927, claimant filed its claim for refund of a franchise tax claimed to have been illegally paid. On April 30th, 1929, the Attorney General made a motion to dismiss the case for want of prosecution. Claimant does not resist said motion. It is therefore ordered that the case be dismissed for want of prosecution and the same is dismissed.