THE PEOPLE v. LUTTRELL

Gen. No. 53,912.

130 Ill. App.2d 241 (1970)

264 N.E.2d 737

People ex rel. Paul Powell, Secretary of State, Plaintiff-Appellant, v. Dean Richard Luttrell, Defendant-Appellee.

Appellate Court of Illinois — First District, Third Division.

October 15, 1970.


Attorney(s) appearing for the Case

William G. Clark, Attorney General of State of Illinois, of Chicago (John J. O'Toole and Donald J. Veverka, Assistant Attorneys General, of counsel), for appellant.

Henry C. Szala, of Chicago, for appellee.


MR. JUSTICE SCHWARTZ delivered the opinion of the court.

This action was brought by the State to recover a privilege tax imposed by the Motor Vehicle Act of 1951. The trial court held that the State had failed to exercise reasonable diligence in obtaining service of process and dismissed the suit. On appeal, the State contends that neither the requirement of reasonable diligence nor the doctrine of estoppel are applicable. The facts follow.

In 1951 the General...

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