Legal Opinion

Dandurand v. County of Kankakee

Illinois Supreme Court

Decided April 16, 1902PublishedCited by 12 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County Court of Kankakee county; the Hon. Been B. Gower, Judge, presiding. The Appellate Court makes the following statement: “This was a suit brought by the county of Kankakee against Luc Dandurand for his board, lodging, support, care and medical treatment in the Kankakee county insane asylum, a department of its poor house. The declaration contained five counts.

Read the full summary

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County Court of Kankakee county; the Hon. Been B. Gower, Judge, presiding. The Appellate Court makes the following statement: “This was a suit brought by the county of Kankakee against Luc Dandurand for his board, lodging, support, care and medical treatment in the Kankakee county insane asylum, a department of its poor house. The declaration contained five counts. Defendant filed a plea to the jurisdiction of the court. A demurrer to this plea was sustained. The plea was amended, and demurrer…

1Per curiam

In deciding the case, the Appellate Court, in its opinion, expresses the following views:

“First—It is argued the court erred in sustaining the demurrer to the amended plea to the jurisdiction. The position taken is, that the county court does not have jurisdiction of a suit brought by the county. Reliance is had upon section 31 of chapter 34 of the Revised Statutes. That section restricts the courts in which suit against a county may be brought, but contains no such restriction in cases of suits brought by a county. The county bringing a suit may resort to any court having jurisdiction of the…

2Cited by12 opinions

  1. City of Champaign v. City of Champaign TownshipIllinois Supreme Court · 1959
  2. Department of Public Welfare v. A'HernIllinois Supreme Court · 1958
  3. Directors of Insane Asylum v. BoydNew Mexico Supreme Court · 1932
  4. Baker v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1912
  5. Libertyville Township v. WoodburyAppellate Court of Illinois · 1984

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API