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MOSEID v. McDONOUGH

Gen. No. 50,694.

103 Ill. App.2d 23 (1968)

243 N.E.2d 394

Gunwald Moseid, Individually and in a Representative Capacity Upon Behalf of Each Member of a Class of Persons, Firms or Corporations Consisting of Persons, Firms or Corporations Who Have Since October 1, 1963, Been, or Who May Hereafter Be: (a) Named as a Defendant in a Proceeding in the Circuit and Superior Courts of Cook County, or Any Department or Division Thereof; (b) Required, Individually or Through an Attorney To File an Appearance in Such Proceeding; and (c) Required To Pay a Library Fee Imposed Under an Act in Relation to the Establishment, Maintenance and Operation of County Law Libraries Approved May 5, 1961, Plaintiff-Appellant, v. Joseph J. McDonough, as Clerk of the Circuit Court of Cook County, and Bernard Korzen, as County Treasurer of Cook County, Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

November 27, 1968.

Attorney(s) appearing for the Case

Kenart M. Rahn, of Chicago, for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Edward J. Hladis, Chief of Civil Division, Ronald Butler, Assistant State's Attorney, of counsel), for appellees.

MR. JUSTICE ENGLISH delivered the opinion of the court.

Plaintiff appeals from an order dismissing his cause of action. Suit had been filed by plaintiff individually and as representative of a class, challenging the validity of the County Law Library Act and the collection of a $1 library fee from each defendant who filed an appearance in civil cases. The cause was submitted for the trial court's decision on the pleadings and stipulations of fact.

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