JOHN EDWARD FISCHER, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought payment of a $150.00 warrant under the Illinois Bonus Act after his brother died and the appropriation lapsed. The court awarded the sum.

Claim type: Lapsed Appropriation

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

Headnotes

SOLDIERS' COMPENSATION-when award will be made to heirs of deceased

SOLDIERS' COMPENSATION-when award will be made to heirs of deceased soldier-Soldiers' Bonus Act. Where a warrant has been issued to a soldier for compensation under the Soldiers' Bonus Act and the soldier dies without having collected the amount due on the warrant, and no appropriation existed out of which the amount could be paid to the heirs of such soldier, an award will be made to heirs of such deceased soldier. JOHN EDWARD FISCHER, pro se. OSCAR E. CARLSTROM, Attorney General; CARL I. DIETZ, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

Claimant and his brother Frank Fischer were each given warrants for $150.00 in payment of compensation due them under the provisions of the Illinois Bonus Act. Frank died without having collected the amount due on his warrant leaving claimant as his next of kin and only heir. The Adjutant General approved the payment of the warrant of claimant but the appropriation out of which it was payable had lapsed and it could not be paid. Claimant is asking an award for the amount of the warrant, which we think should be allowed.

He is therefore awarded the sum of $150.00.