{
  "id": 2749055,
  "name": "Montgomery County Sheriff's Office, Claimant, vs. State of Illinois, Department of Corrections, Respondent",
  "name_abbreviation": "Montgomery County Sheriff's Office v. State of Illinois, Department of Corrections",
  "decision_date": "1975-04-02",
  "docket_number": "No. 74-CC-879",
  "first_page": "455",
  "last_page": "456",
  "citations": [
    {
      "type": "official",
      "cite": "30 Ill. Ct. Cl. 455"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 207,
    "char_count": 2537,
    "ocr_confidence": 0.834,
    "sha256": "4e16dead27d544fd6c680d4f54d3530ad10f79cc5edbbbd23fa89750bd27ff39",
    "simhash": "1:3ded6569a4cd02f4",
    "word_count": 407
  },
  "last_updated": "2023-07-14T18:39:25.317655+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Montgomery County Sheriff\u2019s Office, Claimant, vs. State of Illinois, Department of Corrections, Respondent."
    ],
    "opinions": [
      {
        "text": "Holderman, J.\nThis claim, filed on June 24, 1974, seeks payment of the sum of $158.20 for Sheriff\u2019s fees allowed by law for conveying the following 4 persons to the penitentiary on the dates stated below:\nAugust 6, 1968\nDanny Robinson 35210\nto I.S.P., Menard Branch\n113 miles at 35 cents per mile ............................ $39.55\nJuly 1, 1968\nJohn E. Gordon 35121\nto I.S.P., Menard Branch\n113 miles at 35 cents per mile ............................ $39.55\nAugust 29, 1969\nNorman Garwood 36194 and\nRoger Gruen 36193\nto I.S.P;, Menard Branch\n113 miles at 35 cents per mile x 2.......................... $79.10\nTotal ............................................$158.20\nRespondent\u2019s motion to dismiss on the grounds that the aforesaid services were performed more than two years before the claim was filed will be denied.\nThe court is of the opinion that the 2-year statute of limitations on which respondent relies, as stated in \u00a722 of the Court of Claims Act, should not apply to this'claim under either of the following theories: (a) The services were rendered by the sheriff under an implied contract imposed by law, or (b) the cause of action did not accrue until the claimant received a letter from the Department of Corrections dated June 17, 1974, which reads in pertinent part as follows:\n\"We regret that these vouchers did not reach us in time to be scheduled for payment from our appropriations for fiscal years 1969 and 1970. We are prohibited, by law, from paying these charges from our current appropriations. The proper way for you to request payment is by presenting a claim to the Illinois Court of Claims.\u201d\nWe accept claimant\u2019s statement that, \"Any delay in filing the claim herein has been the direct result of a delay of the said Department of Corrections in either allowing or disallowing said claim, and that this claim was filed within seven days after the denial of the claim by the Department of Corrections.\u201d\nIt is apparent that this claim was not approved by the Department only because funds appropriated for such payment had lapsed.\nThe claim will be allowed. The claimant, Montgomery County sheriff, is hereby awarded the sum of $158.20 as the fees allowed by law for conveying prisoners.",
        "type": "majority",
        "author": "Holderman, J."
      }
    ],
    "attorneys": [
      "Kelly D. Long, State\u2019s Attorney of Montgomery County, for Claimant.",
      "William J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 74-CC-879\nMontgomery County Sheriff\u2019s Office, Claimant, vs. State of Illinois, Department of Corrections, Respondent.\nOpinion filed April 2, 1975.\nKelly D. Long, State\u2019s Attorney of Montgomery County, for Claimant.\nWilliam J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent."
  },
  "file_name": "0455-01",
  "first_page_order": 487,
  "last_page_order": 488
}