FRIED v. DANAHER

No. 42739.

46 Ill.2d 475 (1970)

263 N.E.2d 820

BERNARD ALLEN FRIED et al., Appellants, v. MATTHEW J. DANAHER, Circuit Clerk, et al., Appellees.

Supreme Court of Illinois.

Rehearing denied December 3, 1970.


Attorney(s) appearing for the Case

HARRY R. BOOTH and BERNARD ALLEN FRIED, pro se, both of Chicago, for appellants.

EDWARD V. HANRAHAN, State's Attorney, of Chicago, (DANIEL P. COMAN, Chief of Civil Division, and JAMES A. ROONEY, Assistant State's Attorney, of counsel,) for appellees.


Judgment affirmed.

Mr. JUSTICE CREBS delivered the opinion of the court:

The question presented by this appeal is whether a party who has paid a jury-demand fee is entitled to a refund of the fee when his case is terminated without the services of a jury.

Section 33 of "An Act concerning fees and salaries, and to classify the several counties of this state with reference thereto" (Ill. Rev. Stat. 1969, ch. 53, par. 51) provides in part: "In counties...

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