Legal Opinion

City of Chicago v. Klinkert

Appellate Court of Illinois

Decided April 22, 1901PublishedCited by 6 opinions

Assumpsit, for money paid as illegal taxes. Appeal from the Circuit Court of Cook County; the Hon. John C. Carver, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Appellee brought this suit in assumpsit to recover amounts paid for brewery licenses under an ordinance which was invalid. The declaration consisted of the common counts.

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Assumpsit, for money paid as illegal taxes. Appeal from the Circuit Court of Cook County; the Hon. John C. Carver, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Appellee brought this suit in assumpsit to recover amounts paid for brewery licenses under an ordinance which was invalid. The declaration consisted of the common counts. It was conceded that the payments were made by appellee to appellant, and that the ordinance under provision of which they were paid was invalid; but it was contended that the payments were voluntary and hence could not be recovered…

1Opinion of the CourtJustice Sears

It is conceded by counsel for appellant that by the decision in Kiel v. The City of Chicago, 176 Ill. 137, the ordinance under provision of which the payments here in question were made was subsequently declared invalid as applied to persons dealing as appellee dealt.

It is well established that moneys paid as taxes or license fees under a void ordinance may be recovered back ■when the payment has been involuntary. County v. Simmons, 5 Gil. 513; Bradford v. City, 25 Ill. 411; Harvey v. Olney, 42 Ill. 336; City v. Sperbeck, 69 Ill. App. 562; 2 Dillon on Municipal Corporations (4th Ed.), Sec.…

2Cases cited15 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1884
  2. Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
  3. Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
  4. Town of Ligonier v. AckermanIndiana Supreme Court · 1874
  5. Bradford v. City of ChicagoIllinois Supreme Court · 1861

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3Cited by6 opinions

  1. City of Chicago v. Waukesha Imperial Spring Brewing Co.Appellate Court of Illinois · 1901
  2. Stroop v. Rutherford CountyTennessee Supreme Court · 1978
  3. Horgan v. TaylorSupreme Court of Rhode Island · 1914
  4. Dealers' Transport Co. v. StateCourt of Claims of Illinois · 1935
  5. Illinois Manufacturers' Ass'n v. Chicago Telephone Co.Illinois Circuit Court · 1902

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