Central States Import & Export Corp. v. Illinois Liquor Control Commission

Decision Date18 January 1950
Docket NumberNo. 31201,31201
Citation89 N.E.2d 903,405 Ill. 58
PartiesCENTRAL STATES IMPORT & EXPORT CORPORATION v. ILLINOIS LIQUOR CONTROL COMMISSION.
CourtIllinois Supreme Court

Ivan A. Elliott, Attorney General (William C. Wines, James C. Murray, and Raymond S. Sarnow, all of Chicago, of counsel), for appellant.

Joseph I. Bulger and Ode L. Rankin, both of Chicago, for appellee.

FULTON, Justice.

In accordance with the provisions of the Illinois Liquor Control Act, the Central States Import and Export Corporation was cited before the Illinois Liquor Control Commission to show cause why its application for an importing distributor's State license should not be denied for violation of section 2 of the act of July 24, 1947, regulating the sale and distribution of alcoholic beverages. (Ill.Rev.Stat.1947, chap. 43, par. 206.) After a hearing before the commission, and on February 15, 1949, it was held that the appellee had violated the provisions of the Illinois Liquor Control Act in that appellee had never filed with the commission any fair trade agreement such as is required by the act cited above. It was further ordered that the said corporation immediately cease and desist the sale of alcoholic liquors in the State of Illinois.

On appeal to the circuit court of Cook County, the orders of the commission were reversed, declared null and void and of no effect. This appeal comes from that judgment of the circuit court.

The only question involved in this proceeding was whether or not appellee was entitled to an importing distributor's license for the period commencing July 1, 1948, and expiring June 30, 1949; therefore, as of the present time, that question is no longer in controversy. (Ill.Rev.Stat.1947, chap. 43, par. 117.) The judgment of the circuit court of Cook County, entered April 5, 1949, was for the appellee, and at the time the notice of appeal was filed by the Illinois Liquor Control Commission, the question was still in controversy. However because of the lapse of time, success or failure on appeal is of no consequence to either party at this date and the case has become strictly moot.

This court has held that 'the existence of an actual controversy is an essential requisite to appellate jurisdiction, and a reviewing court will dismiss an appeal where facts are disclosed which show that such a controversy does not exist, even though such facts do not appear in the record. When there is no real present question involving actual interests and...

To continue reading

Request your trial
11 cases
  • Monsanto Co. v. Illinois Pollution Control Bd.
    • United States
    • United States Appellate Court of Illinois
    • June 3, 1976
    ...N.E.2d 224; Railway Express Agency v. Illinois Commerce Comm'n., 374 Ill. 151, 28 N.E.2d 116; Central States Import & Export Corp. v. Illinois Liquor Control Comm'n., 405 Ill. 58, 89 N.E.2d 903; Maywood Park Trotting Ass'n., Inc. v. Illinois Harness Racing Comm'n., 15 Ill.2d 559, 155 N.E.2d......
  • La Salle Nat. Bank v. City of Chicago
    • United States
    • Illinois Supreme Court
    • May 24, 1954
    ... ... No. 33114 ... Supreme Court of Illinois ... May 24, 1954 ... Rehearing Denied Sept. 20, ... to the Constitution of the United States.' ...         The complaint sought a ... Johnson, 406 Ill. 392, 94 N.E.2d 317; Central States Import & Export Corp. v. Illinois Liquor ... ...
  • Berg v. City of Chicago
    • United States
    • United States Appellate Court of Illinois
    • June 19, 1968
    ...to guide potential future litigation. Siefferman v. Johnson, 406 Ill. 392, 94 N.E.2d 317; Central States Import and Export Corp. v. Illinois Liquor Control Com., 405 Ill. 58, 89 N.E.2d 903; Railway Express Agency, Inc. v. Commerce Comm., 374 Ill. 151, 28 N.E.2d 116; Chaitlen v. Kaspar Ameri......
  • Patel v. Illinois State Medical Soc.
    • United States
    • United States Appellate Court of Illinois
    • July 22, 1998
    ...Wellman, 174 Ill.2d 335, 353, 220 Ill.Dec. 360, 673 N.E.2d 272, 280 (1996); accord, Central States Import & Export Corp. v. Illinois Liquor Control Commission, 405 Ill. 58, 59, 89 N.E.2d 903, 904 (1950); Chaitlen v. Kaspar American State Bank, 372 Ill. 83, 87, 22 N.E.2d 673, 675 (1939). How......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT