Caroline Fils v. State of Illinois — 23 Ill. Ct. Cl. 2

CAROLINE FILS, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages from the State, but the court dismissed for lack of jurisdiction because the Teachers College Board is a corporate entity with power to sue and be sued, so the claim should be brought in a court of general jurisdiction.

Claim type: Other

Statutes cited: Ill. Rev. Stats., 1955, Chap. 122, Par. 577.1; Ill. Rev. Stats., 1955, Chap. 122, Par. 577.7; Chap. 37, Sec. 439.8, Par. C

Cases cited: B & F Hi-Lime Construction Corp. vs. State of Illinois, 21 C.C.R. 189; Davern vs. State of Illinois, 21 C.C.R. 236; Denton vs. State of Illinois, No. 4635

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

Headnotes

JURISDICTION-flO concurrent jurisdiction. k h e r e claimant has an adequate remedy in a court of general jurisdiction, the Court of Claims is without jurisdiction.
TEACHERS COLLEGE BOARD-status. The Teachers College Board, being a body corporate and politic, may sue and be sued in a court of general jurisdiction.

COSTIGAN, WOLLRAB AND YODER, Attorneys for Claimant. LATHAMCASTLE, Attorney General ; C. ARTHUR NEBEL,Assistant Attorney General, f o r Respondent.

FEARER, J.

Caroline Pils filed her complaint in this cause on March 12, 1957, and, on April 5, 1957, respondent filed a motion to dismiss the case.

Subsequent thereto, a motion was made to continue this cause until a similar case had been disposed of in the Circuit Court of McLean County. This Court [*3] is now requested to pass upon the original motion to dismiss claimant's complaint.

The motion to dismiss filed by respondent sets forth that the claim is barred as a matter of law for the reason that the Illinois State Normal University is operated, managed, controlled and maintained by the Teachers College Board (Ill. Rev. Stats., 1955, Chap. 122, Par. 577.1); and that said Teachers College Board is a body corporate and politic with the power to sue and be sued (Ill. Rev. Stats., 1955, Chap. 122, Par. 577.7), the legal effect of which defeats the claim alleged in said complaint. (B & F Hi-Lime Construction Corp. vs. State of Illinois, 21 C.C.R. 189; Davern vs. State of Illinois, 21 C.C.R. 236; Denton vs. Xtate of Illincis, No. 4635, opinions filed on October 22,1954 and January 11,1955.)

Having had occasion to pass upon the question before, this Court has held that The Board of Trustees of said College is a corporate body with the right to sue and be sued, and that a court of general jurisdiction would be the place to bring such a suit. For said reason, this Court is without jurisdiction.

The present Court of Claims Act, Chap. 37, Sec. 439.8, Par. C, mentions The Board of Trustees of the University of Illinois, but, by omission, eliminates other State Universities. It does not extend to any other corporate entity.

For the reasons heretofore assigned, the motion of respondent to dismiss is allowed, and the claim accordingly dismissed..