Legacy General 5 awarded 1920s A. C. Clark & Co. v. State of Illinois 5 Ill. Ct. Cl. 127 1925-05-01 (No. 713-Claimant awarded $631.00.) /opinions/v05-p0147-1/ A. C. CLARK & Co., Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought recovery of a franchise tax erroneously paid to the Secretary of State in 1921. The court sustained the Attorney General's demurrer as a matter of law but awarded the amount on equitable grounds.
Claim type: Tax Refund
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Headnotes
- FRANCHISE TAX-refund may be made. This case is similar to that of
FRANCHISE TAX-refund may be made. This case is similar to that of Herenden Milling Co. v. State, supra, and the decision of the court there announced governs this claim.
BULKEY, MOORE & TALLMADGE, for claimant.
OSCAR E. CARLSTROM, Attorney General; EDWARD O. FITCH, Assistant Attorney General, for respondent.
Mr. JUSTICE LARSON delivered the opinion of the court:
This is a claim for the recovery of franchise tax amounting to $631.00, erroneously paid to the Secretary of State of the State of Illinois in the year 1921.
The demurrer filed by the Attorney General of the State of Illinois is, as a matter of law, sustained.
On the grounds of equity and social justice, we award claimant the sum of $631.00.
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