Department of Mental Health's Lawsuit for Past Money Debt Owed for Hospitalization
In In re Estate of Grimsley, 7 Ill. App. 3d 563, 288 N.E.2d 66 (1972), the State Department of Mental Health (Department) filed a claim against the defendant's estate for past due amounts the Department claimed it was owed for hospitalizing the defendant.
In an unverified answer, the representative of the defendant's estate alleged that he had not received any statements of charges due, but did not deny that the charges were owed and did not request the claim be proved.
The trial court denied the claim at the close of the Department's evidence for failure to prove the dates of hospitalization and for failure to prove the amount of rates charged.
The appellate court reversed.
In so doing, the court held that the Civil Practice Act (now the Code of Civil Procedure) required that the undenied allegations be deemed admitted and, therefore, the proof required and found lacking by the court was unnecessary. Grimsley, 7 Ill. App. 3d at 565, 288 N.E.2d at 67.