{
  "id": 2742859,
  "name": "The People ex rel. Nicholas Krich, Jr., et al. vs. Stephen E. Hurley et al.; (Charles L. Manshreck, Appellant, vs. Dolores L. Sheehan et al., Appellees.)",
  "name_abbreviation": "People ex rel. Krich v. Hurley",
  "decision_date": "1960-05-18",
  "docket_number": "No. 35643",
  "first_page": "548",
  "last_page": "551",
  "citations": [
    {
      "type": "official",
      "cite": "19 Ill. 2d 548"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "405 Ill. 322",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2628698
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/405/0322-01"
      ]
    },
    {
      "cite": "391 Ill. 96",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2512914
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/391/0096-01"
      ]
    },
    {
      "cite": "23 Ill. App. 2d 246",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5204028
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/23/0246-01"
      ]
    },
    {
      "cite": "409 Ill. 91",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5309906
      ],
      "weight": 3,
      "opinion_index": 0,
      "case_paths": [
        "/ill/409/0091-01"
      ]
    },
    {
      "cite": "16 Ill. App. 2d 503",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5180523
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/16/0503-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 279,
    "char_count": 3947,
    "ocr_confidence": 0.829,
    "pagerank": {
      "raw": 2.0949578935640403e-07,
      "percentile": 0.7608935887767974
    },
    "sha256": "5921a96462edda03ba290630efae1d806c866a8ba5e4e9a8910a6834f40c5b32",
    "simhash": "1:a0cb88dbda5be4fe",
    "word_count": 647
  },
  "last_updated": "2023-07-14T18:37:20.666909+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People ex rel. Nicholas Krich, Jr., et al. vs. Stephen E. Hurley et al. \u2014 (Charles L. Manshreck, Appellant, vs. Dolores L. Sheehan et al., Appellees.)"
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice House\ndelivered the opinion of the court:\nPlaintiff, Charles L. Manshreck, appeals from the judgment of the Appellate Court, First District, reversing a judgment of the circuit court of Cook County holding the defendants in contempt for failure to restore the plaintiff to the payroll as a civil service employee.\nPlaintiff was appointed as a civil service building inspector by the city of Chicago on August 9, 1954, and was. wrongfully discharged on February 11, 1955. A mandamus action resulted in a judgment being entered on September-12, 1956, commanding the defendants, \u201cto do and perform all acts necessary and requisite to the end that the relator,. Charles L. Manshreck, may be immediately reinstated, restored and reassigned to duty as a building inspector in the classified service of the Department of Buildings and upon the roster and payroll thereof, granting to the said relator full seniority and pension rights from August 9, 1954, the date of his original appointment as a building inspector.\u201d Defendants\u2019 appeal from this judgment, which was affirmed by the Appellate Court, First District, (People ex rel. Krich v. Hurley, 16 Ill. App. 2d 503,) acted as a supersedeas so that plaintiff was not reassigned to duty or placed on the payroll until June 4, 1958.\nWhen plaintiff later demanded the salary for the time lost, the defendants refused unless they were allowed to set off his earnings from other employment for the same period. Plaintiff then, on September 26, 1958, filed a petition for a rule to show cause why the defendants should not be held in contempt for refusing to pay the salary from September 12, 1956, the date he was ordered reinstated, to June 4, 1958, the date he returned to work. Defendants\u2019 answer alleges that the issue of back salary was not passed on in the original mandamus proceeding and was still at issue; that during the period of time the plaintiff was prevented from earning the building inspector salary he was under a duty to mitigate damages and, having worked at other employment, was under a further duty to disclose such earnings and allow the defendants credit therefor. The trial court held that the defendants were not entitled to a setoff and they were held in contempt of court for refusing to pay the plaintiff the full salary for the disputed period. On appeal, the Appellate Court reversed the trial court on the basis of our ruling in Kelly v. Chicago Park District, 409 Ill. 91, to the effect that plaintiff\u2019s salary demand could be reduced from outside employment. (People ex rel. Krich v. Hurley, 23 Ill. App. 2d 246.) A certificate of importance was issued and we granted plaintiff\u2019s petition for leave to appeal.\nThe only question to be decided here is defendants\u2019 right to claim a setoff of plaintiff\u2019s earnings from other employment against the salary accruing during the period he was improperly prevented from performing his duties. The question was thoroughly considered and squarely answered in the affirmative in Kelly v. Chicago Park District, 409 Ill. 91, and we find no reason for deviating from the principles enunciated therein. Plaintiff\u2019s further contention asserting a distinction between Kelly and prior decisions is without merit. (Cf. Corbett v. City of Chicago, 391 Ill. 96; People ex rel. Polen v. Hoehler, 405 Ill. 322; Kelly v. Chicago Park District, 409 Ill. 91.) Accordingly, the judgment of the Appellate Court, First District, is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Chief Justice House"
      }
    ],
    "attorneys": [
      "Michael F. Ryan, of Chicago, (Richard F. McPartlin, Jr., of counsel,) for appellant.",
      "John C. Melaniphy, Corporation Counsel, of Chicago,. (Sydney R. Drebin, and Harry H. Pollack, Assistant Corporation Counsel, of counsel,) for appellees."
    ],
    "corrections": "",
    "head_matter": "(No. 35643.\nThe People ex rel. Nicholas Krich, Jr., et al. vs. Stephen E. Hurley et al. \u2014 (Charles L. Manshreck, Appellant, vs. Dolores L. Sheehan et al., Appellees.)\nOpinion filed May 18, 1960\nRehearing denied September 26, 1960.\nMichael F. Ryan, of Chicago, (Richard F. McPartlin, Jr., of counsel,) for appellant.\nJohn C. Melaniphy, Corporation Counsel, of Chicago,. (Sydney R. Drebin, and Harry H. Pollack, Assistant Corporation Counsel, of counsel,) for appellees."
  },
  "file_name": "0548-01",
  "first_page_order": 548,
  "last_page_order": 551
}