Illinois Court of Claims Opinions
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Taylor v. State of Illinois

8 Ill. Ct. Cl. 603 Illinois Court of Claims Filed 1935-05-31 No. 2356
Disposition: (No. 2356-Claimant awarded $423.00.) Award: $423.00 Agency: Anna State Hospital for the Insane
Cite as: Taylor v. State of Illinois, 8 Ill. Ct. Cl. 603 (1935)
Legacy General 8 awarded 1930s Taylor v. State of Illinois 8 Ill. Ct. Cl. 603 1935-05-31 (No. 2356-Claimant awarded $423.00.) /opinions/v08-p0593-1/

DR. H. O. TAYLOR, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, the coroner of Union County, sought coroner's fees for inquests held over inmates of the Anna State Hospital for the Insane. The court awarded the full amount claimed, $423.00, because the estates of the deceased inmates were insolvent and the statute required payment by the State Department of Public Welfare.

Claim type: Other

Statutes cited: Section 27, Chapter 85 of the Revised Statutes of Illinois; Section 26, Chapter 53 of the Fees and Salaries Act

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Headnotes

  1. FEES-coroner-inquest, death of inmate of State charitable institution. The facts in this case are identical to those in case of Taylor vs. State, No. 2142, ante, and the opinion of the court in said case is controlling herein.

This claim is filed for the allowance of coroner's fees, claimed to be due under Section 27, Chapter 85 of the Revised [*601] Statutes of Illinois for inquests held by claimant at the death of inmates of the Anna State Hospital for the Insane. The claim as originally filed was for Two Hundred Twenty-six Dollars ($226.00). The amended claim listing additional inquests was filed April 25, 1933, making a total claim of Four Hundred Twenty-three Dollars ($423.00).

No contention of law or fact is raised by respondent.

The Anna State Hospital for the Insane is located in Union County. Claimant, as shown by the record, is coroner of that county. The Managing Officer of the Institution under date of April 16, 1934 reported that the claim was correct as to all items appearing therein. The record also includes a report in each instance showing the insolvency of the estate of the patient in question.

Section 26, Chapter 53 of the Fees and Salaries Act provides as follows:

"For holding an inquest over a dead body when required by law in counties of the first and second class Fifteen Dollars ($15.00). * * * All of which fees shall be certified by the court and when the same cannot be collected out of the estate of the deceased, paid out of the county treasury, or in case of inmates of any State charitable or penal institution, by the Department of Public Welfare out of the State treasury."

It was apparently the intent of the Legislature that no county should be burdened, just because it had a State Institution, with the costs of inquests over inmates sent to said institutions.

An award is hereby allowed to claimant for the amount of the claim, to-wit: Four Hundred Twenty-three Dollars ($423.00).

Official volume 8 (Containing cases in which opinions were filed between July 1, 1933–June 30, 1935, and advisory Opinions furnished University of Illinois)  ·  All opinions in this volume  ·  Also on CourtListener

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