Illinois Court of Claims Opinions
Legacy General
Download PDF

J. Myrtle Lewis v. State of Illinois

10 Ill. Ct. Cl. 136 Illinois Court of Claims Filed 1937-11-09 No. 2247
Disposition: (No. 2247-Claim denied.) Agency: Military and Navy Department
Cite as: J. Myrtle Lewis v. State of Illinois, 10 Ill. Ct. Cl. 136 (1937)
Legacy General 10 denied 1930s J. Myrtle Lewis v. State of Illinois 10 Ill. Ct. Cl. 136 1937-11-09 (No. 2247-Claim denied.) /opinions/v10-p0159-1/

J. MYRTLE LEWIS, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought pay for a two-week vacation period after being relieved from duty on one-half day's notice. The court dismissed the claim, following the reasoning in a companion case, because the claim stated no legal basis for an award.

Claim type: Employment Back Pay

Cases cited: Stephen O. Tripp vs. State, No. 2248

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

Headnotes

  1. SALARY-claim for additional, during vacation period not awaited ofwhen denied. The facts in this case are similar to those in Tripp vs. State, Case No. 2248, infra, and the decision in that case is controlling herein.

Claimant herein recites that she was relieved from duty as an employee in the Military and Navy Department, upon one-half day's notice, and that having been so relieved she did not receive pay for two weeks' time which would have [*13] constituted her annual vacation period; that the reason for not having received her vacation was the fact that "work taken care of by Colonel S. O. Tripp, for whom claimant worked, was such that neither he nor she could leave, and claimant was not permitted to take her vacation unless Colonel Tripp also decided to leave."

A motion to dismiss the claim has been filed by the Attorney General for the reason that the claim upon its face does not recite a legal basis upon which an award could be made.

This is a similar claim to that of Stephen O. Tripp vs.

State, No. 2248, decided at this term, and the reasons therein stated for a dismissal of the claim, apply in this matter. The motion of the Attorney General is allowed and the claim dismissed.

Official volume 10 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between July 1, 1937–June 30, 1939, and advisory Opinions furnished Illinois Emergency Relief Commission)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.