Opinion
Gen. No. 44,157. (Abstract of Decision.)
Opinion filed January 5, 1948 Released for publication January 27, 1948
STATE OF ILLINOIS, § 42 — immunity of State from suit. Motion by petitioner to intervene in proceeding brought by plaintiff village to foreclose liens of certain special assessments on parcels of land, on ground that proceeding was defective and irregular in that State was not joined as party, because of previous judgment in favor of State in proceedings involving the special assessments, was properly denied, since there was no showing that State must be joined as party to a foreclosure of a special assessment brought by city or village, and because of constitutional provision that State shall never be defendant in any court of law or equity, without its consent (Ill. Const. art. IV, sec. 26).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1947.
Brundage Short, for appellant;
Charles F. Short, Jr., of counsel;
Henry L. Wells, for appellee.
Not to be published in full. Opinion filed January 5, 1948; released for publication January 27, 1948.