ROBERT L. FRENCH, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $10 for X-ray services rendered to a state highway police officer. The Highway Department admitted the claim was legitimate but not submitted in time for the previous appropriation. The court awarded the amount because the services were rendered at the request of proper authority and the claim was uncontroverted.
Cases cited: Marquis vs. State, 7 C. C. R. 83; St. Margaret's Hospital vs. State, 7 C. C. R. 222
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Headnotes
- SERVICES-when award may may be made for. Where it clearly appears that claimant rendered services to the State, and that bill therefor which is unquestioned, was not presented for payment before lapse of appropriation out of which it could be paid, an award for the value of same will be made on claim filed within a reasonable time.
This claim was filed November 4, 1935, for the sum of $10.00. It is alleged that the bill was for X-ray services on the left leg of Albert Finkler, 104 State Highway Police Department, who worked out of Desplaines Station at River and Rand Road, Desplaines, Illinois, on September 5, 1934.
This claim has been presented to the various State Departments and the claim contains a Bill of Particulars, and is properly sworn to. The Highway Department admits that it is a legitimate claim but was not submitted in time for the previous appropriation and will not be contested by that Department.
It has been the holding of this court that where evidence is uncontroverted that claimant rendered medical services at the request of the proper authority and the amount claimed is reasonable and undisputed, an award will be made on claim filed with statutory period on recommendation of proper authority.
Marquis vs. State, 7 C. C. R. 83.
St. Margaret's Hospital vs. State, 7 C. C. R. 222.
It appears from the statement of the Highway Department and numerous letters sent by claimant, that this claim should be paid although the appropriation has lapsed. The statute of limitations does not bar the items and as the Department admits the services were rendered, and there being no objection on the part of the Attorney General, an award will be made in the sum of $10.00.