Illinois Court of Claims Opinions
Legacy General
Download PDF

Brierly v. State of Illinois

2 Ill. Ct. Cl. 28 Illinois Court of Claims Filed 1916-12-20
Disposition: awarded Award: $400.00
Cite as: Brierly v. State of Illinois, 2 Ill. Ct. Cl. 28 (1916)
Legacy General 2 awarded 1910s Brierly v. State of Illinois 2 Ill. Ct. Cl. 28 1916-12-20 awarded /opinions/v02-p0058-1/

SAMUEL B. BRIERLY v. STATE OF ILLINOIS.

Case summary

Claimant sought recovery of $400 in license fees paid under protest for a private employment agency license, after the enabling act was held unconstitutional. The court awarded the full amount, finding the fees were paid under compulsion and duress.

Claim type: Tax Refund

Cases cited: Mathews v. The People, 202 Ill. 389; J. B. Hayden & Co. v. The State

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. LICENSE FEE-paid under protest-may be recovered-when. Illegal

SAMUEL B. BRIERLY

v.

STATE OF ILLINOIS.

Opinion filed December 20, 1906.

LICENSE FEE-paid under protest-may be recovered-when. Illegal fees paid into the State treasury under protest, by compulsion or duress may be recovered.

Louis T. Orr, for Claimant.

W. H. Stead, Attorney General, for State.

Samuel B. Brierly is claimant herein against the State of Illinois for the sum of four hundred ($400.00) dollars, being the aggregate sum of two license fees of two hundred ($200.00) dollars each, paid by claimant on or about August 24, 1899, and on April 8, 1902, respectively, to Hon. James A. Rose, Secretary of State, for licenses issued to claimant to operate a “private employment agency” in the city of Chicago, under the Act of the General Assembly pertaining thereto, passed April 11, 1899, and going into effect July 1, 1899 (Session Laws 1899, pp. 268-271). Said Act being held unconstitutional by the Supreme Court April 24, 1903, in the case of Mathews v. The People, 202 Ill., 389.

The facts in this case are substantially like those in the case of J. B. Hayden & Co. v. The State, this day decided by us. (See opinion therein.) And in view of what we have therein held and announced, we deem it unnecessary to further set forth or discuss either the facts of the case, or the law applicable thereto.

Suffice to say that, as in that case, we think in this, that claimant paid such illegal fees to the State, under what amounts in law to compulsion and duress, and under protest. We, therefore, accordingly award claimant, Samuel B. Brierly, the sum of four hundred ($400.00) dollars.

Official volume 2 (Compiled and Reported by the Authority of the State of Illinois 1906–1916)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.