Legal Question in Administrative Law in Illinois

Would an attorney please explain to me why a lawsuit can name an inanimate object as a plaintiff [or, I suppose, a defendant as well]? What purpose is served by not naming a person as the plaintiff? Is this just an Illinois thing or can it be done in any state or federal jurisdiction? I refer you to the following case as an example:

1962 Ford Thunderbird v [Illinois] Division of Narcotic Control

198 N.E.2d 155 [Ill. App. Ct. 1964]

If facts of the case are needed, please advise and I will provide. Thanks!


Asked on 8/04/10, 12:58 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Without taking the time to look up the case, my guess is that it was that the vehicle was originally the defendant in an in rem action in which the Division of Narcotic Control sought to confiscate the vehicle. Sometimes when a case is appealed the parties get flipped around. There are also numerous cases in which the defendant is an amount of money. Technically in the in rem action they are not actually suing the object, but enforcing a lien or claim against the object.

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Answered on 8/09/10, 2:31 pm


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