{
  "id": 2905531,
  "name": "In re Estate of Anna Mary Moyer, Deceased-(The Department of Mental Health, Claimant-Appellant, v. Roi Jeanne Lugo, Admr. of the Estate of Anna Mary Moyer, Deceased, Appellee.)",
  "name_abbreviation": "Department of Mental Health v. Lugo",
  "decision_date": "1971-03-11",
  "docket_number": "No. 11223",
  "first_page": "915",
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  "last_updated": "2023-07-14T19:11:16.150777+00:00",
  "provenance": {
    "date_added": "2019-08-29",
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    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "In re Estate of Anna Mary Moyer, Deceased\u2014(The Department of Mental Health, Claimant-Appellant, v. Roi Jeanne Lugo, Admr. of the Estate of Anna Mary Moyer, Deceased, Appellee.)"
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE SMITH\ndelivered the opinion of the court:\nThe Department of Mental Health filed a claim against the estate of Anna Mary Moyer for hospitalization supplied to her during her lifetime as an incompetent for a period beginning January 1, 1952, through May 8, 1968. Payments by her conservator were credited on the claim reducing it to $15,699.33. The trial court likewise disallowed $3,710.00 of this amount on the theory that a claim for that amount had previously been disallowed and apparently on the theory that such disallowance was res judicata. The Department of Mental Health appeals from that part of the order disallowing the $3,710.00 and reducing the amount of the claim by such amount.\nIn contending that this disallowance was proper the defendant refers to the claim on the back of which the following entry appears: \u201cClaim disallowed on motion of conservator with consent of State\u2019s Attorney appearing for the State. December 2, 1958, Gus T. Greanias, County Judge.\u201d It is this order which the defendant claims makes that part of the claim res adjud\u00edcala.\nAlthough basically immaterial to our decision, the record shows that Miss Moyer died leaving only brothers and sisters her surviving and that her estate was in the neighborhood of $60,000.00 and adequate to take care of the total claim.\nThe State\u2019s Attorney was without authority to consent to the dis-allowance of the claim for $3,710.00, the order entered by the county judge is wholly null and void, and being a consent decree, it did not constitute a judicial determination of the rights of the parties. We think the case is controlled by Massell v. Daley, 404 Ill. 479, 89 N.E.2d 361. In that case, at p. 363, the Supreme Court said:\n\u201cSection 23 of article IV of the Constitution, Smith-Hurd. Stats, provides: \u2018The general assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability, or obligation of any corporation or individual to this state or to any municipal corporation therein.\u2019 We held in People ex rel. Ames v. Marx, 370 Ill. 264, 18 N.E.2d 915, 919, that the Director of Finance could not cancel a bond given by a taxpayer for the purpose of guaranteeing the payment of taxes. In that case we said: \u2018If the General Assembly cannot so release an obligation it is plain that the Director of Finance of the State of Illinois cannot release it\u2019. Likewise, we have held that consent decrees adversely affecting the public interests may be reversed. (Citing authorities)\u201d\nIn the previous case of People ex rel. Ames v. Marx, 370 Ill. 264, 18 N.E.2d 915, the court held that writing across a bond the word \u201ccanceled\u201d by the Director of Finance was not authorized nor did he have any right to so cancel it. It logically follows that if the Director of Finance could not constitutionally cancel a bond which had the effect of releasing a debt due the State, likewise the State\u2019s Attorney was without authority to consent to a judgment of the trial court where the effect was to release a debt owed the State of Illinois. As stated in Massell, such an order is not a judicial determination of the rights of the parties but is merely a recital of the agreement of the parties \u2014 an agreement which the State\u2019s Attorney was without the power to make. It would seem to follow that such an agreement void per se cannot father a valid judgment. The void judgment was res adjudic\u00f3la of nothing.\nNot only do we believe the order is a nullity, but there is statutory authority for the Department of Mental Health to file a claim against the estate of a decedent notwithstanding administrative agreements for partial payments. (See Knackstedt v. Department of Mental Health, 69 Ill.App.2d 98, 216 N.E.2d 517; Department of Public Welfare v. A\u2019Hern, 14 Ill.2d 575, 153 N.E.2d 22, and Department of Public Welfare v. Bohleber, 21 Ill.2d 587, 173 N.E.2d 457.) Acceptance of partial payments or administrative agreement for them delays but does not release or finally discharge the debt.\nAccordingly, this case is reversed and the cause remanded to the circuit court of Macon County with directions to proceed in accordance with the views herein expressed.\nReversed and remanded with directions.\nTRAPP and CRAVEN, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE SMITH"
      }
    ],
    "attorneys": [
      "William J. Scott, Attorney General, of Chicago, (Francis T. Crowe, of counsel,) for appellant.",
      "Woolen, Brown & Hawkins, of Decatur, (Rex L. Brown, Elmer C. Hawkins, and John L. Davis, of counsel,) for appellee."
    ],
    "corrections": "",
    "head_matter": "In re Estate of Anna Mary Moyer, Deceased\u2014(The Department of Mental Health, Claimant-Appellant, v. Roi Jeanne Lugo, Admr. of the Estate of Anna Mary Moyer, Deceased, Appellee.)\n(No. 11223;\nFourth District\nMarch 11, 1971.\nWilliam J. Scott, Attorney General, of Chicago, (Francis T. Crowe, of counsel,) for appellant.\nWoolen, Brown & Hawkins, of Decatur, (Rex L. Brown, Elmer C. Hawkins, and John L. Davis, of counsel,) for appellee."
  },
  "file_name": "0915-01",
  "first_page_order": 935,
  "last_page_order": 937
}