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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/17-124
(735 ILCS 5/17-124) (from Ch. 110, par. 17-124)
Sec. 17-124.
Vesting title.
In all actions for the partition of real
estate, the court may: investigate and determine all questions of conflicting
or controverted titles, and remove clouds upon the titles to any of the
premises sought to be partitioned; vest titles, by its order, in the
parties to whom the premises are allotted, without the forms of
conveyances by minors or unknown heirs or other parties to the action;
order a sale of the premises for the purpose of dividing the premises in
proper cases, and by its order, vest the purchaser with title, and
apportion incumbrances among the parties to whom the incumbered premises
are allotted.
(Source: P.A. 84-1308.)
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735 ILCS 5/17-125
(735 ILCS 5/17-125) (from Ch. 110, par. 17-125)
Sec. 17-125.
Costs.
In all proceedings for the partition of real estate, when
the rights and interests of all the parties in interest are properly set
forth in the complaint, the court shall apportion the costs among the
parties in interest in the action, including the necessary expense of
procuring such evidence of title to the real estate as is usual and
customary for making sales of real estate, and a reasonable fee for
plaintiff's attorney, so that each party shall pay his or her equitable
portion thereof, unless the defendants, or some of them, interpose
a good and substantial defense to the complaint. In such case the party
or parties making such substantial defense shall recover their costs
against the plaintiff according to justice and equity.
(Source: P.A. 82-280.)
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735 ILCS 5/17-126
(735 ILCS 5/17-126) (from Ch. 110, par. 17-126)
Sec. 17-126.
Adjustment of rights after judgment.
In any case where,
after judgment of partition, and before
division or sale is had (as the case may be), the parties in interest
adjust the respective rights among themselves so that further
proceedings leading to such actual division or sale become unnecessary,
an order shall be entered terminating further proceedings, whereupon
the judgment of partition shall remain in full force and effect to
determine the rights and interests of the parties as adjudicated
therein, and there shall be no judicial division or sale of the
premises, rights or interests pursuant to such judgment.
(Source: P.A. 82-280.)
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735 ILCS 5/17-127
(735 ILCS 5/17-127) (from Ch. 110, par. 17-127)
Sec. 17-127.
Proceedings herein.
Proceedings for partition shall be
conducted in accordance
with the provisions of Article XVII of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XVIII
(735 ILCS 5/Art. XVIII heading)
ARTICLE XVIII
QUO WARRANTO
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735 ILCS 5/18-101
(735 ILCS 5/18-101) (from Ch. 110, par. 18-101)
Sec. 18-101.
Grounds.
A proceeding in quo warranto may be brought in case:
(1) Any person usurps, intrudes into, or unlawfully holds or
executes any office, or franchise, or any office in any corporation
created by authority of this State;
(2) Any person holds or claims to hold or exercise any
privilege, exemption or license which has been improperly or without
warrant of law issued or granted by any officer, board, commissioner,
court, or other person or persons authorized or empowered by law to
grant or issue such privilege, exemption or license;
(3) Any public officer has done, or allowed any act which by
the provisions of law, works a forfeiture of his or her office;
(4) Any association or number of persons act within this State
as a corporation without being legally incorporated;
(5) Any corporation does or omits to do any act which amounts to a
surrender or forfeiture of its rights and privileges as a corporation,
or exercises powers not conferred by law;
(6) Any railroad company doing business in this State
charges an extortionate rate for the transportation of any freight or
passenger, or makes any unjust discrimination in the rate of
freight or passenger tariff over or upon its railroad.
(Source: P.A. 82-280.)
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735 ILCS 5/18-102
(735 ILCS 5/18-102) (from Ch. 110, par. 18-102)
Sec. 18-102.
Parties.
The proceeding shall be brought in the name of the People of
the State of Illinois by the Attorney General or State's Attorney of the
proper county, either of his or her own accord or at the instance of any
individual relator; or by any citizen having an interest in the question
on his or her own relation, when he or she has requested the Attorney General and
State's Attorney to bring the same, and the Attorney General and State's
Attorney have refused or failed to do so, and when, after notice to the
Attorney General and State's Attorney, and to the adverse party, of the
intended application, leave has been granted by the circuit court.
(Source: P.A. 82-280.)
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735 ILCS 5/18-103
(735 ILCS 5/18-103) (from Ch. 110, par. 18-103)
Sec. 18-103.
Pleadings.
The People of the State of Illinois shall be deemed the
plaintiff and the adverse parties shall be defendants, and the first
pleading by the plaintiff shall be designated a complaint. The complaint
need not set forth the basis of the challenge, but may in general terms
allege that the defendant is exercising the claimed right without lawful
authority and call upon the defendant to show by what warrant he,
she or it exercises it, and if more than one ground exists they may all be joined
in one count.
When the complaint is filed by a citizen on his or her own relation, it
shall be alleged therein that his or her requests of the Attorney General and
the State's Attorney, respectively, to bring the action, have been
refused, or that they have failed to act, as the case may be, and that
leave of court to file the complaint has been granted as
provided in Article XVIII of this Act.
The several rights of diverse parties to the same office or
franchise, privilege, exemption or license, may properly be determined
in one action, and all such persons may be joined in the same complaint,
in order to try their respective rights to such office, franchise,
privilege, exemption or license; but the court, in its discretion, may
order separate trials when convenience in the determination of any of
such rights so requires. No matters not germane to the
distinctive purpose of the proceeding shall be introduced by joinder,
counterclaim or otherwise.
If the plaintiff elects to set forth expressly in the complaint the
grounds for an attack on the defendant's claimed right, the defendant
may answer the complaint or present a motion directed thereto as in
other civil actions, but if the complaint is in general terms, as
provided in Article XVIII of this Act, the defendant shall by answer disclaim
or justify,
and, if the defendant justifies, shall set out the facts which show the lawful
authority to exercise the right claimed. The plaintiff may reply to the
answer or present a motion directed thereto as in other civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/18-104
(735 ILCS 5/18-104) (from Ch. 110, par. 18-104)
Sec. 18-104.
Limitation.
No action shall be brought by quo warranto, or otherwise, questioning
the legality of the organization of any county, city, village,
incorporated town, township, school district, park district, road
district, drainage district, sanitary district, authority or any other
municipal corporation or political subdivision in the State of Illinois
after such municipal corporation or political subdivision has been in de
facto existence for a period of 3 years.
(Source: P.A. 82-280.)
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735 ILCS 5/18-105
(735 ILCS 5/18-105) (from Ch. 110, par. 18-105)
Sec. 18-105.
Security for costs.
When the action is brought by any
citizen on his or her own
relation, as above provided, he or she shall file security for costs to be
approved by the clerk, at the time the complaint is filed.
(Source: P.A. 82-280.)
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735 ILCS 5/18-106
(735 ILCS 5/18-106) (from Ch. 110, par. 18-106)
Sec. 18-106.
Summons - Appearance.
Upon the filing of the complaint, the
clerk of court shall
issue a summons, in like form, as near as may be, as summons in other
civil cases. The summons shall be made returnable within a time designated
by the plaintiff not less than 5 nor more than 30 days
after the service of the summons. Every defendant who is served with
summons shall answer or otherwise appear on or before the
return day of the summons, unless the time for doing so is extended by the court.
If the defendant fails to do so, judgment may
be entered against the defendant. Reply to or motion directed against
the answer may be filed by the plaintiff within 5 days after
the last day allowed for the filing of the answer, unless the time for doing
so is extended by the court.
(Source: P.A. 83-357.)
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735 ILCS 5/18-107
(735 ILCS 5/18-107) (from Ch. 110, par. 18-107)
Sec. 18-107.
Seeking wrong remedy not fatal.
Where relief is
sought under Article XVIII of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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735 ILCS 5/18-108
(735 ILCS 5/18-108) (from Ch. 110, par. 18-108)
Sec. 18-108.
Judgment.
The court shall determine and adjudge
the rights of all
parties to the proceeding. In case any person or corporation against
whom such complaint is filed is adjudged guilty as charged in the
complaint, the court may enter judgment of ouster against such person
or corporation from the office or franchise, and fine such person or
corporation, and also enter judgment in favor of the relator for the
cost of the prosecution. Instead of entering judgment of ouster
from a franchise for an abuse thereof, the court may fine the person or
corporation found guilty in any sum not exceeding $25,000.00 for each
offense. When judgment is entered in favor of any defendant, such defendant
shall recover costs against the relator.
(Source: P.A. 83-707.)
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735 ILCS 5/Art. XIX
(735 ILCS 5/Art. XIX heading)
ARTICLE XIX
REPLEVIN
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735 ILCS 5/19-101
(735 ILCS 5/19-101) (from Ch. 110, par. 19-101)
Sec. 19-101.
When brought.
Whenever any goods or chattels have been wrongfully
distrained, or otherwise wrongfully taken or are wrongfully
detained, an action of replevin may be brought for the recovery of such
goods or chattels, by the owner or person entitled to their possession.
(Source: P.A. 82-280.)
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735 ILCS 5/19-102
(735 ILCS 5/19-102) (from Ch. 110, par. 19-102)
Sec. 19-102.
When not available.
No action of replevin shall lie on
behalf of a defendant against whom a judgment
or attachment is in the process of enforcement, to recover goods or chattels
seized by virtue thereof, unless such goods and chattels are exempted, by law,
from such enforcement of the judgment or attachment; nor shall an action of replevin lie
for such goods and chattels at the action of any other person, unless such
other person has,
at the time, a right to reduce the goods
taken to his or her possession.
(Source: P.A. 82-280.)
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735 ILCS 5/19-103
(735 ILCS 5/19-103) (from Ch. 110, par. 19-103)
Sec. 19-103.
Venue.
The venue provisions applicable to other civil cases shall
apply to actions of replevin; and in addition an action of replevin may
be brought in any county in which the goods or chattels or any part of
them are located.
(Source: P.A. 82-280.)
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735 ILCS 5/19-104
(735 ILCS 5/19-104) (from Ch. 110, par. 19-104)
Sec. 19-104.
Complaint.
An action of replevin shall be commenced by the filing of a verified
complaint which describes the property to be replevied and states that
the plaintiff in such action is the owner of the property so described,
or that he or she is then lawfully entitled to the possession thereof, and that
the property is wrongfully detained by the defendant, and that the same
has not been taken for any tax, assessment, or fine levied by virtue of
any law of this State, against the property of such plaintiff, or
against him or her individually, nor seized under any lawful process
against the goods and chattels of such plaintiff subject to such lawful
process, nor held by virtue of any order for replevin against such
plaintiff.
(Source: P.A. 82-280.)
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735 ILCS 5/19-105
(735 ILCS 5/19-105) (from Ch. 110, par. 19-105)
Sec. 19-105.
Notice.
The defendant shall be given 5 days written notice in the manner
required by rule of the Supreme Court, of a hearing before the court to
contest the entry of an order for replevin. No order for replevin may
be entered nor may property be seized pursuant to an order
for replevin prior to
such notice and hearing except as provided in Section 19-106 of this Act.
As to any particular property, the right to notice and hearing
established in this Section may not be waived by any consumer. As used
in this Section, a consumer is an individual who obtained possession of
the property for personal, family, household, or agricultural purposes.
Any waiver of the right to notice and hearing established in this
Section must be in writing and must be given voluntarily, intelligently, and
knowingly.
(Source: P.A. 82-280.)
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735 ILCS 5/19-106
(735 ILCS 5/19-106) (from Ch. 110, par. 19-106)
Sec. 19-106.
Exception to requirement of notice.
Notice to the defendant is not required if the plaintiff establishes
and the court finds as a matter of record and supported by evidence that
summary seizure of the property is justified by reason of necessity to:
(1) protect the plaintiff from an immediately impending harm which
will result from the imminent destruction or concealment of the disputed
property in derogation of the plaintiff's rights in the property;
(2) protect the plaintiff from an immediately impending harm which
will result from the imminent removal of the disputed property from the
State, taking into consideration the availability of judicial remedies
in the event of such removal;
(3) protect the plaintiff from an immediately impending harm which
will result from the perishable nature of the disputed property under
the particular circumstances at the time of the action;
(4) protect the plaintiff from an immediately impending harm which
will result from the imminent sale, transfer or assignment of the
disputed property to the extent such sale, transfer or assignment is
fraudulent or in derogation of the plaintiff's rights in the property;
(5) recover the property from a defendant who has obtained
possession by theft.
At an ex parte hearing to determine if notice is not required, the
court shall examine the evidence on each element required by this
Section or any written waiver of rights presented by the plaintiff. If
the court finds that notice is not required, or that the waiver is in
accordance with law, it shall order a hearing as soon as practicable on
the entry of an order for replevin.
(Source: P.A. 82-280.)
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735 ILCS 5/19-107
(735 ILCS 5/19-107) (from Ch. 110, par. 19-107)
Sec. 19-107.
Hearing for entry of order.
At the hearing on the entry of an order for
replevin, which may be
a hearing to contest pursuant to notice under Section 19-105 of this Act or an ex parte
hearing pursuant to a finding under Section 19-106 of this Act, the court shall review
the basis of the plaintiff's claim to possession. If the plaintiff
establishes a prima facie case to a superior right to possession of the
disputed property, and if the plaintiff also demonstrates to the court
the probability that the plaintiff will ultimately prevail on the underlying claim
to possession, the court shall so find as a matter of record and an order
for replevin shall be entered by the court.
(Source: P.A. 82-280.)
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735 ILCS 5/19-108
(735 ILCS 5/19-108) (from Ch. 110, par. 19-108)
Sec. 19-108.
Direction of order.
The order shall be
directed to the sheriff or other proper officer of the proper county, to
serve; and for the purpose only of service as summons shall be directed also
to any person authorized to serve summons.
(Source: P.A. 82-280.)
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735 ILCS 5/19-109
(735 ILCS 5/19-109) (from Ch. 110, par. 19-109)
Sec. 19-109.
Order.
The order for replevin shall
require the sheriff, or other officer to
whom it is directed to take the property, describing it as in the
complaint, from the possession of the defendant, and deliver the same to
the plaintiff unless such defendant executes a bond and security as
hereinafter provided, and to summon the defendant to answer the
complaint or otherwise appear in the action, or in case the property
or any part thereof is
not found and delivered to the sheriff or other officer, to answer to the
plaintiff for the value of the same. The order for replevin may be served
as a summons for a trial on the merits of the case by any person
authorized to serve summons.
(Source: P.A. 83-707.)
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735 ILCS 5/19-110
(735 ILCS 5/19-110) (from Ch. 110, par. 19-110)
Sec. 19-110.
Several counties involved.
Additional certified copies
of the order for replevin may be issued by the clerk of court, upon the
request of the plaintiff, to be used in several counties.
(Source: P.A. 82-280.)
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735 ILCS 5/19-111
(735 ILCS 5/19-111) (from Ch. 110, par. 19-111)
Sec. 19-111.
Additional copies of order.
When it appears by the return
of the officer that any
defendant or the property described in the order or any part thereof, is
not found, additional certified copies directing the officer to summon such
defendant and to take the property from the possession of the defendant
and deliver the same to the plaintiff, may be issued by the clerk of court
on the request of the
plaintiff until such defendant is served or until such property is
taken.
(Source: P.A. 82-280.)
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735 ILCS 5/19-112
(735 ILCS 5/19-112) (from Ch. 110, par. 19-112)
Sec. 19-112.
Replevin bond.
Before the service of the order for replevin
the plaintiff
or some one else on his or her behalf shall give to the sheriff or other
officer a bond with sufficient security in double the value of the
property about to be replevied, conditioned that he or she will prosecute such
action to effect and without delay and make return of the property to the
defendant if return of the property shall be awarded or will deliver the
same to the intervening petitioner should it be found that the property
belongs to him or her, and save and keep harmless such sheriff or other officer
as the case may be, in replevying such property and further conditioned
for the payment of all costs and damages occasioned by wrongfully obtaining
out the order for replevin,
and if the sureties on such bond at any time before trial becomes
insolvent, an order shall be entered requiring good and sufficient
replevin bond to be filed, and if the same is not so filed within
the time fixed by the court, the action shall be dismissed.
(Source: P.A. 82-280.)
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735 ILCS 5/19-113
(735 ILCS 5/19-113) (from Ch. 110, par. 19-113)
Sec. 19-113.
Return.
Such officer shall return the bond so taken by
the officer, together
with the certified copy of the order to the clerk of court who issued such
certified copy of the order.
(Source: P.A. 82-280.)
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735 ILCS 5/19-114
(735 ILCS 5/19-114) (from Ch. 110, par. 19-114)
Sec. 19-114.
Failure to take and return bond.
If the sheriff or other
officer fails to take and return the bond, as
required by Article XIX of this Act, or returns an insufficient bond, he or she shall be
liable to the party injured for all damages such party
may sustain by reason of
such neglect, which may be recovered in an action against the sheriff
or other officer,
or by an action upon the sheriff's or other officer's official bond.
(Source: P.A. 83-707.)
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735 ILCS 5/19-115
(735 ILCS 5/19-115) (from Ch. 110, par. 19-115)
Sec. 19-115.
Limitation.
No sheriff or other officer shall be liable, under the
preceding section, unless the bond was insufficient when taken, nor
unless action is commenced against him or her or upon his or her bond, within 3
years after the cause of action accrues.
(Source: P.A. 82-280.)
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735 ILCS 5/19-116
(735 ILCS 5/19-116) (from Ch. 110, par. 19-116)
Sec. 19-116.
Service of order.
Upon the bond being given the sheriff or other proper
officer shall forthwith serve the certified copy of the order by seizing
the property therein mentioned and by serving such
order upon the defendant as summons is served in other civil
cases.
The order for replevin issued as provided in Section 19-108
of this Act, may be served as a summons upon defendants wherever they
may be found in the State by any person authorized to serve summons in other
civil cases; but property may be taken
from the possession of a defendant under a replevin order only in the
county in which the order is entered and by a proper officer of the
county.
The officer serving such certified order having taken the property or any part
thereof shall forthwith deliver such property to the plaintiff unless
the defendant executes a bond and security approved by such officer,
before such property is actually delivered to the plaintiff. Such bond
shall be given in an amount double the value of such property and
conditioned that the defendant will appear in and defend the action, and
will deliver such property in accordance with the order of the court, in
as good condition as it was when the action was commenced, and that the
defendant will pay only those costs and damages that may be incurred
during the time the property is out of the possession of the officer and back
in his or her possession and adjudged against the defendant in such action.
Such bond shall be returned to the court by the officer serving the
order on the day such order is returnable.
(Source: P.A. 83-707.)
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