{
  "id": 2823139,
  "name": "DuPage County Highway Department, by DuPage County Superintendent of Highways, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "DuPage County Highway Department v. State",
  "decision_date": "1942-03-11",
  "docket_number": "No. 3675",
  "first_page": "88",
  "last_page": "90",
  "citations": [
    {
      "type": "official",
      "cite": "12 Ill. Ct. Cl. 88"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 4056,
    "ocr_confidence": 0.556,
    "sha256": "c94b149366b5a3c8d79628e24be7d8409e0b65230fb815a6a2b7b9b4b5b7a192",
    "simhash": "1:331c903ba413b2c2",
    "word_count": 695
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  "last_updated": "2023-07-14T18:36:43.466600+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "DuPage County Highway Department, by DuPage County Superintendent of Highways, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Chief Justice Damron\ndelivered the opinion of the court:\nClaimant seeks an award in the sum of $438.94, for reimbursement of fifty per cent of the cost of maintenance of roads in DuPage County, constructed under Section 19, Chapter 121, Illinois Revised Statutes 1941. Section 37, of said chapter, provides that roads constructed under said Section 19, shall be maintained equally by the county and the State. It is stated in the complaint that the cost of maintenance of the roads in question for. the months of April, May and June, 1941, was $877.83.\nA stipulation was entered into between the parties herein, to the effect that the report of M. K. Lingle, Engineer of Claims of the Division of Highways, should constitute the record in this case; said report is dated January 28, 1941.\nAlthough the labor, materials and equipment for which this claim is brought were furnished for the months above stated, the invoices for same were not submitted to the State Division of Highways for payment until October 31, 1941. The appropriation from which said claim could be paid lapsed September 30, 1941.\nClaimant\u2019s claim was submitted to the District Office of the Division of Highways, at Elgin, Illinois, on October 31, 1941, and was approved for payment by C. H. Apple, District Engineer. Mr. Apple then forwarded said claim to the State Division of Highways, but it was returned with the explanation that the appropriation made for the purpose of paying such claims had lapsed. The complaint filed herein was filed December 29, 1941.\nSection 37 of Chapter 121 of Illinois Revised Statutes, 1941, provides as follows:\n\"State Aid\" gravel or macadam roads constructed, or partially constructed, prior to the taking effect of this amendatory act (July 1, 1929) shall be maintained equally by the county and State.\nWhere claimant has rendered services or furnished supplies to the State on the order or request of an official authorized to contract for the same, and submits a bill therefor within a reasonable time, and due to no negligence or fault on the part of claimant same is not approved and vouchered for payment before the appropriation from which it is payable lapses, an award for the reasonable and customary value of the services or supplies will be made where, at the time the obligation was incurred, there were sufficient funds remaining unexpended in the appropriation to pay for the same.\nRock Island Sand & Gravel Co. vs. State, 8 C. C. R., 165.\nIndividual Towel & Cabinet Service Co. vs. State, 6 C. C. R., 407.\nCity of Jacksonville vs. State, 10 C. C. R., 716.\nHarst and Strieter Co. vs. State, 10 C. C. R., 338.\nMetropolitan Electrical Supply Co. vs. State, 10 C. C. R., 346.\nSchnepp and Barnes vs. State, 10 C. C. R., 609.\nOak Park Hospital Inc. vs. State, 11 C. C. R., 219.\nRiefler, et al. vs. State, 11 C. C. R., 381.\nLitchfield & Madison Railway Co. vs. State, 11 C. C. R., 455.\nKing vs. State, 11 C. C. R., 577.\nShonkwiler vs. State, 11 C. C. R., 602.\nThis claim was presented for payment on October 31, 1941, and was approved by C. H. Apple, District Engineer, State Division of Highways, but payment thereof could not be made on account of the fact that the appropriation out of which the same was properly payable lapsed on September 30, 1941.\nWe find the bill therefore had been submitted within a reasonable time, but that the appropriation had lapsed without any fault or neglect on the part of the claimant, and we further find that at the time the expenses were incurred there were sufficient funds remaining unexpended in the appropriation to pay for the same.\nThis claim comes within the requirements set out in the above cited cases, decided by this court, and an award is therefore entered in favor of the claimant in the sum of $438.92.",
        "type": "majority",
        "author": "Chief Justice Damron"
      }
    ],
    "attorneys": [
      "Claimant, pro se.",
      "George F. Barrett, Attorney General; Ben F. Rails-back, Assistant Attorney General, for respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 3675\nDuPage County Highway Department, by DuPage County Superintendent of Highways, Claimant, vs. State of Illinois, Respondent.\nOpinion filed March 11, 1942.\nClaimant, pro se.\nGeorge F. Barrett, Attorney General; Ben F. Rails-back, Assistant Attorney General, for respondent."
  },
  "file_name": "0088-01",
  "first_page_order": 106,
  "last_page_order": 108
}
