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Jas. Cunningham, Son & Co. v. State of Illinois

6 Ill. Ct. Cl. 494 Illinois Court of Claims Filed March 11, 1931 No. 1321
Disposition: (No. 1321-Claim denied.) Agency: Secretary of State
Cite as: Jas. Cunningham, Son & Co. v. State of Illinois, 6 Ill. Ct. Cl. 494 (1931)
Legacy General 6 denied 1930s Jas. Cunningham, Son & Co. v. State of Illinois 6 Ill. Ct. Cl. 494 March 11, 1931 (No. 1321-Claim denied.) /opinions/v06-p0523-1/

JAMES CUNNINGHAM, SON & COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought recovery of franchise taxes allegedly improperly levied and collected by the Secretary of State. The court sustained the State's demurrer because the claim was filed more than five years after the taxes were paid, violating the five-year filing requirement of the Court of Claims Act.

Claim type: Tax Refund

Statutes cited: Section 10 of an Act to Create the Court of Claims

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

Headnotes

  1. FRANCHISE TAX-when franchise tax cannot be recovered-statute of limi- BROS., 1323; BLAW-KNOX COMPANY, 1324; CERTAIN-TEED 1326; GRATON & KNIGHT COMPANY, 1327; THE R. M. HOLLINGS- FRANCHISE TAX-failure to pursue remedies at law. The Court finds no

This is a claim brought to recover for certain franchise taxes alleged to be improperly levied and collected by the Secretary of State. It appears that the claim arose from taxes paid in 1922 and that this claim was filed on June 29th, 1928.

The Attorney General in behalf of the State of Illinois files a demurrer on the theory that more than five years elapsed.

There can be no question as to this point as Section 10 of an Act to Create the Court of Claims sets forth specifically that all claims must be filed within five years. Therefore the demurrer is sustained and claim dismissed. (Claims denied.)

JAMES CUNNINGHAM, SON & COMPANY, 1322; A. G. SPALDING &

BROS., 1323; BLAW-KNOX COMPANY, 1324; CERTAIN-TEED

PRODUCTS CORPORATION, 1325; DENNISON MANUFACTURING CO., 1326; GRATON & KNIGHT COMPANY, 1327; THE R. M. HOLLINGSHEAD CO., 1328; UNITED PROFIT SHARING CORPORATION, 1329;

Official volume 6 (Containing cases in which opinions were filed between July 1, 1927–June 30, 1931)  ·  All opinions in this volume  ·  Also on CourtListener

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