City of Chicago Ex Rel. Konstantelos v. Duncan Traffic Equipment Co.

PRESIDING JUSTICE RIZZI

delivered the opinion of the court:

Plaintiff, Demetri Konstantelos (hereinafter Taxpayer), filed a taxpayer’s suit in the name and for the benefit of the city of Chicago to recover money belonging to the city which was allegedly paid without authority of law. (Ill. Rev. Stat. 1979, ch. 24, par. 1 — 5—1.) After the Taxpayer’s suit was filed, the city filed its own suit involving the same subject matter against some of the same defendants named in the Taxpayer’s suit. The two cases were consolidated. The Taxpayer’s suit was later dismissed pursuant to a motion by…