universally recognized rule in Illinois

2005King , 215 Ill. 2d at 27-28 .

1993It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such compulsion.” The court reaffirmed the voluntary-payment doctrine in Geary v. Dominick’s Finer Foods, Inc. (1989), 129 Ill. 2d 389, 393 , 544 N.E.2d 344, 346 , and Getto v. City of Chicago (1981), 86 Ill. 2d 39, 48-49 , 426 N.E.2d 844, 849 .

1993It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such compulsion.” The court reaffirmed the voluntary-payment doctrine in Geary v. Dominick’s Finer Foods, Inc. (1989), 129 Ill. 2d 389, 393 , 544 N.E.2d 344, 346 , and Getto v. City of Chicago (1981), 86 Ill. 2d 39, 48-49 , 426 N.E.2d 844, 849 .

1981It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such complusion." ( Ross v. City of Geneva (1978), 71 Ill.2d 27 ; Adams v. Jewel Companies (1976), 63 Ill.2d 336 ; Hagerty v. General Motors Corp. (1974), 59 Ill.2d 52 ; Illinois Glass Co. v. Chicago Telephone Co. (1908), 234 Ill. 535 .) First, failure to protest payments voluntarily made during the 10-year period is excused on the ground of lack of knowledge *57 t

1981It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such complusion.” (Ross v. City of Geneva (1978), 71 Ill. 2d 27 ; Adams v. Jewel Companies (1976), 63 Ill. 2d 336 ; Hagerty v. General Motors Corp. (1974), 59 Ill. 2d 52 ; Illinois Glass Co. v. Chicago Telephone Co. (1908), 234 Ill. 535 .) First, failure to protest payments voluntarily made during the 10-year period is excused on the ground of lack of knowledge tha

1981It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such complusion." ( Ross v. City of Geneva (1978), 71 Ill.2d 27 ; Adams v. Jewel Companies (1976), 63 Ill.2d 336 ; Hagerty v. General Motors Corp. (1974), 59 Ill.2d 52 ; Illinois Glass Co. v. Chicago Telephone Co. (1908), 234 Ill. 535 .) First, failure to protest payments voluntarily made during the 10-year period is excused on the ground of lack of knowledge *57 t

1981It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such complusion.” (Ross v. City of Geneva (1978), 71 Ill. 2d 27 ; Adams v. Jewel Companies (1976), 63 Ill. 2d 336 ; Hagerty v. General Motors Corp. (1974), 59 Ill. 2d 52 ; Illinois Glass Co. v. Chicago Telephone Co. (1908), 234 Ill. 535 .) First, failure to protest payments voluntarily made during the 10-year period is excused on the ground of lack of knowledge tha

1981It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such complusion." ( Ross v. City of Geneva (1978), 71 Ill.2d 27 ; Adams v. Jewel Companies (1976), 63 Ill.2d 336 ; Hagerty v. General Motors Corp. (1974), 59 Ill.2d 52 ; Illinois Glass Co. v. Chicago Telephone Co. (1908), 234 Ill. 535 .) First, failure to protest payments voluntarily made during the 10-year period is excused on the ground of lack of knowledge *57 t

1981It has been deemed necessary not only to show that the claim asserted was unlawful, but also that the payment was not voluntary; that there was some necessity which amounted to compulsion, and payment was made under the influence of such complusion.” (Ross v. City of Geneva (1978), 71 Ill. 2d 27 ; Adams v. Jewel Companies (1976), 63 Ill. 2d 336 ; Hagerty v. General Motors Corp. (1974), 59 Ill. 2d 52 ; Illinois Glass Co. v. Chicago Telephone Co. (1908), 234 Ill. 535 .) First, failure to protest payments voluntarily made during the 10-year period is excused on the ground of lack of knowledge tha

1979In People v. Kidd (1947), 398 Ill. 405, 409-10 , the court gave a comprehensive statement of *431 this rule: "If a court has jurisdiction its judgment may be directly attacked for errors or irregularities, but however manifestly erroneous the decision may be, it is binding upon all parties and privies until it is reversed or set aside in a direct proceeding for that purpose. ( Harding Co. v. Harding, 352 Ill. 417 ; Markley v. People ex rel.

1979In People v. Kidd (1947), 398 Ill. 405, 409-10 , the court gave a comprehensive statement of *431 this rule: "If a court has jurisdiction its judgment may be directly attacked for errors or irregularities, but however manifestly erroneous the decision may be, it is binding upon all parties and privies until it is reversed or set aside in a direct proceeding for that purpose. ( Harding Co. v. Harding, 352 Ill. 417 ; Markley v. People ex rel.

1933The Supreme Court in its opinion, said: “It has been a universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal. ’ ’ Again: “Although the defendant could not legally require payment of more than $125 per year for the business telephone and the plaintiff was not legally bound to pay more, a larger sum was voluntarily paid without fraud, mistake of fact or other ground for annulling the contract. ’ ’ In the case of Sando v. Smith,

1929Co., 234 Ill. 535 , it is said (p. 541) that “It has been a universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal”; that (p. 545) “The circumstances of different cases are so diverse . . . that, as before stated, no very precise rules can be laid down which will fit every case ’ ’; that ‘ ‘ Ordinarily, protest is the best evidence of compulsion or unwillingness to pay,” but that “where protest would be useless it is superfluo

1929On the other hand, in Elston v. City of Chicago, 40 Ill. 514 , where the assessment was void but the payment was made when there was no precept or execution in the hands of an officer by which the collection of the assessment could be enforced, it was held that the payment was not compulsory.

1921(City of Chicago v. Martin, 49 Ill. 241 ; Pearson v. Zehr, 138 id. 48.) In the absence of these elements the damages cannot exceed, and must be confined strictly to, compensation for the injury sustained.