Legal Opinion

Village of Morgan Park v. Knopf

Illinois Supreme Court

Decided June 23, 1904PublishedCited by 7 opinions

Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. W, Burke, Judge, presiding. This is an action in assumpsit brought by the plaintiff, the village of Morgan Park, to recover alleged overcharges for official fees made by Philip Knopf, county clerk of Cook county, for services rendered in the issuance of tax deeds.

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Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. W, Burke, Judge, presiding. This is an action in assumpsit brought by the plaintiff, the village of Morgan Park, to recover alleged overcharges for official fees made by Philip Knopf, county clerk of Cook county, for services rendered in the issuance of tax deeds. The facts upon which the plaintiff’s claim is based are substantially as follows: There being no other bidders, the village of Morgan Park, at the tax sales of 1896 and 1897 for delinquent…

1Opinion of the Court

Mr. Jdstice Wilkin

delivered the opinion of the court:

Upon a trial before the court, without a jury, three propositions of law were submitted to the trial judge, as follows:

1. “The court finds and holds as a matter of law in this case, that it is not the duty of the county clerk to copy upon the records of his office, certificates of tax sales upon which he issues tax deeds, when the same are not referred to as exhibits or in any way made a part of the affidavit filed for the purpose of securing such deeds, and that he was not entitled to receive any fees for recording the tax certificates…

2Cases cited1 opinion

  1. Village of Morgan Park v. KnopfIllinois Supreme Court · 1902

3Cited by7 opinions

  1. Edwards v. Mayor, Etc. of Borough of MoonachieSupreme Court of New Jersey · 1949
  2. Bettenbrock v. MillerIndiana Supreme Court · 1916
  3. In Re Application of Cook County CollectorAppellate Court of Illinois · 1986
  4. United States v. O'ConnellCourt of Appeals for the Second Circuit · 1948
  5. Heinrich v. HarriganAppellate Court of Illinois · 1913

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