W. A. BLACK COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The claimant filed declarations based on contracts with the State but failed to attach copies of the contracts as required by court rules and prematurely filed while the claims were still pending before the Department of Public Works and Buildings. The court granted the Attorney General's motion to strike the declarations and dismissed the claims without prejudice.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- DISMISSAL-when case may be dismissed upon motion of Attorney General. A case may be dismissed upon motion of Attorney General where claimant fails to comply with rules of court. RULES OF COURT-failure to file copy of contract sued on. Where claimant fails to file copy of contract upon which claim is based with declaration and fails to state in declaration whether claim has been presented to any State department, and if so what action was taken thereon, the case may be dismissed on motion. 14 AMERICAN CEREAL-COFFEE COMPANY v. STATE OF ILLINOIS.
( Nos. 1794, 1795, 1796, 1797, 1798-Claims dismissed.)
W. A. BLACK COMPANY, Claimant, vs. STATE OF ILLINOIS, Respondent.
Opinion filed September 8, 1931.
DISMISSAL-when case may be dismissed upon motion of Attorney General. A case may be dismissed upon motion of Attorney General where claimant fails to comply with rules of court.
RULES OF COURT-failure to file copy of contract sued on. Where claimant fails to file copy of contract upon which claim is based with declaration and fails to state in declaration whether claim has been presented to any State department, and if so what action was taken thereon, the case may be dismissed on motion. [*14]
Per Curiam: The declarations in these cases are based upon contracts alleged to have been entered into by the claimant with the State, but no copies of the contracts are filed with the declarations as required by Rule 4 of the court. The declarations further show that the claims therein mentioned have been presented to the Department of Public Works and Buildings and are now pending in that department for disposition. The Attorney General has filed a motion to strike the declarations from the files. Rule 4 requires a copy of such contract to be filed with the declaration together with the name and present address of the officer with whom such a contract was made. Rule 5 requires claimant to state in his declaration whether or not his claim has been presented to any State department and if it has been so presented what action was taken thereon. It is thus apparent from the allegations of these declarations that the claims have also been prematurely filed as they are still pending before the Department of Public Works and Buildings.
The motion is therefore allowed, the declarations stricken from the files and the claims dismissed, without prejudice.