{
  "id": 2804991,
  "name": "Kinnear Stores Company, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Kinnear Stores Co. v. State",
  "decision_date": "1929-05-09",
  "docket_number": "No. 1320",
  "first_page": "341",
  "last_page": "342",
  "citations": [
    {
      "type": "official",
      "cite": "6 Ill. Ct. Cl. 341"
    }
  ],
  "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": 127,
    "char_count": 1699,
    "ocr_confidence": 0.553,
    "sha256": "618090f136bc282eaef29a9b95fd1807ca4b911cb1abf2bb7a30972767123920",
    "simhash": "1:90205cdf4ac7d7e9",
    "word_count": 280
  },
  "last_updated": "2023-07-14T21:56:41.892765+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Kinnear Stores Company, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Clarity\ndelivered the opinion of the court:\nThis is a claim brought to recover for franchise taxes alleged to be wrongfully collected by the Secretary of State on or about June, 1927.\nAs it has been held by this court a claimant of this kind should follow the legal remedy in courts of general jurisdiction, the Attorney General comes and presents his objection together with the fact that the payment complained of was made voluntarily before the date when payment was due.\nTherefore it is recommended by this court that claim be disallowed.\nOn June 26, 1929, upon petition for rehearing the following additional opinion was filed:\nThis court is of the opinion that sufficient reason has been advanced by claimant for rehearing to grant a rehearing.\nIt is therefore considered by the court that a rehearing he granted.\nOn November 7, 1929, the following modified\" opinion was filed:\nIt appears by statement of the Attorney General and admitted by the Secretary of State that an error had been made relative to assessment of certain capital stock made by the office of the Secretary of State upon the issued capital stock of claimant. It is admitted that there is an error over-assessing the capital stock in the sum of Eight Hundred ($800.00) Dollars.\nIt is therefore considered by the court that claimant be awarded the sum of Eight Hundred ($800.00) Dollars.",
        "type": "majority",
        "author": "Mr. Chief Justice Clarity"
      }
    ],
    "attorneys": [
      "Brown, Hay & Stephens, for claimant.",
      "Oscar E. Carlstrom, Attorney General; David J. Kadyk, Assistant Attorney General, for respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 1320\nKinnear Stores Company, Claimant, vs. State of Illinois, Respondent.\nOpinion filed May 9, 1929.\nRehearing granted June 26, 1929.\nOpinion on rehearing filed November 7, 1929.\nBrown, Hay & Stephens, for claimant.\nOscar E. Carlstrom, Attorney General; David J. Kadyk, Assistant Attorney General, for respondent."
  },
  "file_name": "0341-01",
  "first_page_order": 367,
  "last_page_order": 368
}
