Mlade v. Finley

Plaintiffs Nick and John Mlade filed a class action against the county of Cook, and various county officials, seeking (1) a declaration that several provisions of the clerks-of-courts act (Ill. Rev. Stat. 1979, ch. 25, par. 1 et seq.) are unconstitutional, and (2) recovery of the fees paid thereunder. The trial court granted the county’s motion to strike the complaint and dismiss the lawsuit, and did not rule on plaintiffs’ motion to certify the case as a class action.

According to plaintiffs, section 27.2 of the clerks-of-courts act (v. Rev. Stat. 1979, ch. 25, par. 27.2), which establishes…