REUBEN F. BURINGTON AND KATHERINE BURINGTON, doing bursi- ness as VALLEY MEMORI-4LPARK, ClahantS, v. STATE O FILLINOI[S, Respondent.
Case summary
Claimants sought $140 for transporting and erecting 14 headstones over war veterans' graves. The court dismissed the claim because it was filed more than two years after the services were rendered, barred by the statute of limitations.
Statutes cited: 1951 Ill. Rev. Stat., Chap. 21, Sec. 59a; Chap. 37, Par. 439.22
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- JURISDICTION-^^^^^^^^^^^. Where more than two years have elapsed from the time services were rendered on which claim was based, the Court has no jurisdiction to entertain it.
On January 16, 1953, the complainants filed this suit. They seek an award of $140.00, which covers tlie cost of transporting and erecting 14 headstones over the graves of war veterans now buried in Valley Memorial Park, which is owned and maintained by tlie complainants.
The file for our considerahion contains the verified complaint, and a motion to dismiss the suit.
The complainants cite the 1951 Ill. Rev. Stat., Chap. 21, Xec. 59a, as the basis for their complaint.
The section provides that the Adjutant General shall secure the services of a qualified person as Superintendent of War Veterans’ Graves Registration. “It shall also be his duty to prepare requisitions on the Federal Government for headstones when same are desired, and to supervise their transportation from the railroad station to and erection at the grave of tlie veteran, certifying bill for same to the Adjutant General for payment.”
[*441] There is no allegation in the complaint that the claim in suit was ever certified to the Adjutant General for payment by said Superintendent of War Veterans Graves Registration. Paragraph 3 of the coniplaint alleges that on September 20, 1950 claimants submitted a written bill to the Military and Naval Department, War Veterans' Graves Registration of this State for $190.00, covering transportation and erection of 19 headstones at $10.00 each. They were paid $50.00, which covered their charges for 5 of the headstones, as shown in paragraph 4.
Complainants' bill of particulars shows all 14 items are for services rendered in 1948 and 1949.
The respondent's motion to dismiss is based on the same Rev. Stat., Chap. 37, Par. 439.22, which limits a claimant to two years within which to file his claim against the State of Illinois. Since the suit was filed in this Court on January 16, 1953, these claims are barred by that statute, and the respondent's motion must be allowed.
This suit is, therefore, ordered dismissed.