ST. JOSEPH CEMETERY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought reimbursement for cartage and installation charges for 57 government markers. The court awarded $560.00 for 56 markers, finding the claim proper under the rule that unpaid bills for supplies ordered and used by the State may be awarded after appropriation lapse.
Cases cited: Shell Petroleum Co. vs. State of Illinois, 7 C.C.R. 224; Shonk-wiler vs. State, 11 C.C.R., 602
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- CoriTRAcTs-lapsed appropriation. Where evidence showed state had received supplies ordered by it in accordance with due authority, had used the same, and bill was not paid before lapse of appropriation, an award will be made.
St. Joseph Cemetery filed its claim on February 10, 1954 for reimbursement for cartage and installation charges for 57 government markers.
The record consists of the complaint, Departmental Report, stipulation in lieu of evidence and brief.
The Departmental Report indicates that 105 markers were installed. A claim for installing 48 markers was approved for payment from funds appropriated by the 68th General Assembly, but the claim for the remaining 57 markers was denied due to statutory limitations, as the markers were erected during the previous biennium.
The claim for installing a marker at the grave of one Rudolph E. Yuriga was previously denied in an order issued by this Court on the 17th day of March, 1954, for the reason that the decedent was a peace-time soldier.
As to the remaining 56 markers, the claim is proper.
By repeated decisions of this Court, it has been held that, where the facts are undisputed that the State has received supplies ordered by it in accordance with due authority, has used the same, and the bill therefor was not paid before the lapse of the applicable appropriation, an award for the amount may be made. (Shell Petroleum Co. vs. State of Illinois, 7 C.C.R. 224, Shonk-wiler vs. State, 11 C.C.R., 602, and other cases.) [*54]
An award is, therefore, entered in favor of claimant, aiid allowed in the amount of $560.00.