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23 Ill. Ct. Cl. 2

Pils v. State

Court of Claims of Illinois

Decided October 22, 1958

Court of Claims of Illinois · decided 1958-10-22

Decided 1958-10-22

Fearer, J.

¶1Caroline Pils filed her complaint in this cause on March 12, 1957, and, on April 5, 1957, respondent filed a motion to dismiss the case.

¶2Subsequent thereto, a motion was made to continue this cause until a similar case had been disposed of in the Circuit Court of McLean County. This Court is now requested to pass upon the original motion to dismiss claimant’s complaint.

¶3The motion to dismiss filed by respondent sets forth that the claim is barred as a matter of law for the reason that the Illinois State Normal University is operated, managed, controlled and maintained by the Teachers College Board (Ill. Rev. Stats., 1955, Chap. 122, Par. 577.1); and that said Teachers College Board is a body corporate and politic with the power to sue and be sued (Ill. Rev. Stats., 1955, Chap. 122, Par. 577.7), the legal effect of which defeats the claim alleged in said complaint. (B & F Hi-Line Construction Corp. vs. State of Illinois, 21 C.C.R. 189; Davern vs. State of Illinois, 21 C.C.R. 236; Denton vs. State of Illinois, No. 4635, opinions filed on October 22, 1954 and January 11, 1955.)

¶4Having had occasion to pass upon the question before, this Court has held that The Board of Trustees of said College is a corporate body with the right to sue and be sued, and that a court of general jurisdiction would be the place to bring such a suit. For said reason, tins Court is without jurisdiction.

¶5The present Court of Claims Act, Chap. 37, Sec. 439.8, Par. C, mentions The Board of Trustees of the University of Illinois, but, by omission, eliminates other State Universities. It does not extend to any other corporate entity.

¶6For the reasons heretofore assigned, the motion of respondent to dismiss is allowed, and the claim accordingly dismissed.

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