Burgess-Norton Manufacturing Co. v. Lyons

Illinois Supreme Court

Burgess-Norton Manufacturing Co. v. Lyons

143 N.E.2d 46, 11 Ill. 2d 294, 1957 Ill. LEXIS 274

CourtIllinois Supreme Court

DecidedMay 23, 1957

DocketNo. 34137

StatusPublished

This text of 143 N.E.2d 46 (Burgess-Norton Manufacturing Co. v. Lyons) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Burgess-Norton Manufacturing Co. v. Lyons, 143 N.E.2d 46, 11 Ill. 2d 294, 1957 Ill. LEXIS 274 (Ill. 1957).

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Opinion

Per Curiam :

Complaint for a declaratory judgment that the Use Tax Act (Ill. Rev. Stat. 1955, chap. 120, par. 439.1-439.18 incl.) is unconstitutional and for temporary injunction was filed in the circuit court of Sangamon County. Upon motion the trial court dismissed the complaint for want of equity, but continued the temporary injunction in effect until the final determination of the cause.

The questions raised in this proceeding were determined at the March term of this court, in Turner v. Wright, ante, p. 161, wherein we held the Use Tax Act to be constitutional, and wherein the present plaintiff filed brief and argument as amici curiae. Therefore, the judgment of the trial court is affirmed.

Judgment affirmed.

Mr. Justice Davis, dissenting. (See dissent in Turner v. Wright, ante, p. 161.)

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Per Curiam :

Complaint for a declaratory judgment that the Use Tax Act (Ill. Rev. Stat. 1955, chap. 120, par. 439.1-439.18 incl.) is unconstitutional and for temporary injunction was filed in the circuit court of Sangamon County. Upon motion the trial court dismissed the complaint for want of equity, but continued the temporary injunction in effect until the final determination of the cause.

The questions raised in this proceeding were determined at the March term of this court, in Turner v. Wright, ante, p. 161, wherein we held the Use Tax Act to be constitutional, and wherein the present plaintiff filed brief and argument as amici curiae. Therefore, the judgment of the trial court is affirmed.

Judgment affirmed.

Mr. Justice Davis, dissenting. (See dissent in Turner v. Wright, ante, p. 161.)

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Bluebook (online)

143 N.E.2d 46, 11 Ill. 2d 294, 1957 Ill. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-norton-manufacturing-co-v-lyons-ill-1957.