Illinois Court of Claims Opinions
Legacy General
Download PDF

W. a. Wilkinson v. State of Illinois

10 Ill. Ct. Cl. 378 Illinois Court of Claims Filed 1938-10-11 No. 3251
Disposition: (No. 3251-Claim denied.) Agency: Secretary of State
Cite as: W. a. Wilkinson v. State of Illinois, 10 Ill. Ct. Cl. 378 (1938)
Legacy General 10 denied 1930s W. a. Wilkinson v. State of Illinois 10 Ill. Ct. Cl. 378 1938-10-11 (No. 3251-Claim denied.) /opinions/v10-p0401-1/

W. A. WILKINSON, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought a refund of a $10.50 automobile license fee after the vehicle was wrecked and disposed of as junk. The court denied the claim, holding that no statute authorizes a refund under these circumstances.

Claim type: Other

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

Headnotes

  1. MOTOR VEHICLE LICENSE FEE-claim for refund-when use of vehicle discontinued during part of year for which issued-no provision in statute for refund to be denied. The facts in this case are almost identical with those in Fox post Floral Company, etc. vs. State, 9 Court of Claims Reports, page 149, and the opinion in that case is decisive herein.

On December 17, 1937 plaintiff herein, according to his complaint, purchased a license for an automobile then owned by him, and paid to the Secretary of State a license fee in the sum of $10.50. He received the license plates, but on the 1st day of January the automobile for which same were purchased was wrecked and was disposed of as junk, and claimant now seeks a refund of the amount so paid by him for the said license plates.

The Attorney General has filed a motion to dismiss on the ground that the complaint does not set out a claim which the [*379] State of Illinois as a sovereign commonwealth should discharge and pay.

Applications of a similar nature have been frequently before the Court, and in all instances where proper objection has been interposed, the Court has held that no refund is properly allowable. There is no provision of the Motor Vehicle Act or by any other law which authorizes a return of a license fee under the facts set forth in the complaint. If the legislature intended that refunds should be made under any set of circumstances they could have placed such provision in the statutes. Under the facts stated in the complaint plaintiff could not maintain an action against the State if the latter were suable in a court of law. The motion of the Attorney General is therefore sustained and the complaint dismissed.

Official volume 10 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between July 1, 1937–June 30, 1939, and advisory Opinions furnished Illinois Emergency Relief Commission)  ·  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.