Carpentier v. Goers
| Decision Date | 22 September 1961 |
| Docket Number | No. 36297,36297 |
| Citation | 177 N.E.2d 858,23 Ill.2d 246 |
| Parties | Charles F. CARPENTIER, Secretary of State, Appellant, v. Werner GOERS, d/b/a Goers Motor Sales, Appellee. |
| Court | Illinois Supreme Court |
William L. Guild, Atty. Gen. , for appellant.
No appearance for appellee.
This case presents another episode in what has become unduly protracted and tangled litigation between Werner Goers, doing business as Goers Motor Sales, and the Secretary of State. The difficulties began in 1957, when, after a hearing, the Secretary revoked the plaintiff's license as a motor vehicle dealer on the grounds that he was guilty of fraudulent practices and had failed to produce his books and records for inspection after a proper demand had been made. The plaintiff instituted an action in the circuit court of Effingham County to review that administrative decision, and obtained a stay order under the statute. (Ill.Rev.Stat.1959, chap. 110, par. 275.) Thereafter the circuit court dismissed the action as moot, and the Secretary appealed to the Appellate Court for the Fourth District. That court agreed that the case was moot, and therefore did not consider the merits. But to avoid the possibility that the findings of the Secretary, standing unreversed, might be considered as res judicata in subsequent proceedings, it reversed the judgment and remanded the cause with directions 'to consider the record and to enter an appropriate order consistent with this opinion.' Goers v. Carpentier, 27 Ill.App.2d 355, 359, 169 N.E.2d 858, 859. No attempt was made to review that judgment in this court.
In the meantime the Secretary had also denied the plaintiff's application for a motor vehicle dealer's license for 1958. That application was denied upon four grounds. Two of them were those upon which the 1957 license had been revoked, and the other two related to alleged subsequent misconduct. The plaintiff then brought the present action in the circuit court of Sangamon County to review that decision. The circuit court affirmed the action of the Secretary, but the Appellate Court for the Third District reversed, Goers v. Carpentier, 27 Ill.App.2d 407, 169 N.E.2d 845, and we allowed leave to appeal. While this is the case before us for decision, there is still another action between these parties which is relevant to its determination.
The Secretary also denied Goers' application for a 1959 license, and then commenced an action in the circuit court of Effingham County to enjoin him from engaging in the business of selling or dealing in motor vehicles without a license. A decree was entered granting such an injunction, and Goers appealed directly to this court upon the ground that the statute authorizing the issuance of motor vehicle dealers' licenses was unconstitutional. We took jurisdiction, and affirmed the decree. People ex rel. Carpentier v. Goers, 20 Ill.2d 272, 170 N.E.2d 159.
In our opinion we pointed out that under the applicable statute, administrative action with respect to a license for a particular year could not be regarded as an isolated transaction, the effect of which ended with the end of the license year. And in the light of that fact, we considered the effect to be given to the stay order entered in the proceeding to review the revocation of the 1957 license. We said: ...
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...or whether the transcript thereof is admissible depends primarily upon the availability of the witnesses. (See Carpentier v. Goers (1961), 23 Ill.2d 246, 177 N.E.2d 858.) In the analogous case of North Shore Sanitary Dist. v. Pollution Control Bd. (1972), 2 Ill.App.3d 797, 277 N.E.2d 754, i......
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