Case law

People v. Edwards

2012 IL 111711 · Illinois Supreme Court · Apr 19, 2012

The legislature was clearly aware of the frivolous or patently without merit language in 2004, when section 122- 1(f) was added, and could have incorporated it into that section if it chose to do so. … These statements clearly support our conclusion that the “colorable claim of actual innocence” standard should apply, as opposed to the first-stage standard urged by petitioner.

Dale v. Irwin

78 Ill. 170 · Illinois Supreme Court · Jun 15, 1875

It is, pro hae vice, the home of such students—their permanent abode, in the sense of the statute, as clearly so as that of any other resident. … To recapitulate, appellant is entitled to claim 2090 votes as legally cast for him by qualified voters of the county. Appellee is entitled to claim 2070 votes, as legally cast for him by qualified voters.

People ex rel. Grinnell v. Hoffman

116 Ill. 587 · Illinois Supreme Court · Mar 27, 1886

and immunities under the protection of the general rules which govern society.” … It was clearly a local and special act, in regard to a matter of purely local government. In Guild v.

State Farm Mutual Automobile Insurance v. Universal Underwriters Group

182 Ill. 2d 240 · Illinois Supreme Court · Apr 16, 1998

It is well established that when a statute defines the terms it uses, those terms must be construed according to the definitions contained in the act. Garza v. … The word “Act,” in turn, refers to the Illinois Vehicle Code, unless the context clearly indicates another meaning. 625 ILCS 5/1 — 101.1 (West 1996).

Phillips v. Phillips

74 Ill. 2d 27 · Illinois Supreme Court · Dec 4, 1978

Plaintiff contends, and the circuit court and appellate court here held, that the amendment clearly requires that one cotenant shall not be allowed to assert the exemption against another cotenant, and that this prohibition … In taking the property as cotenants, the respective interests of the parties were established.

Jackson v. South Holland Dodge, Inc.

197 Ill. 2d 39 · Illinois Supreme Court · Jul 26, 2001

The court stated that its decision should not be interpreted as a “blanket immunization of assignees, no matter their conduct.” 312 Ill. App. 3d at 168 . … Here, the $1,099 charge for the extended warranty was clearly disclosed in the contract.

Craig v. People ex rel. Nevill

47 Ill. 487 · Illinois Supreme Court · Jun 15, 1868

Section four provided that the purchasers should be deemed the successors of the company, and should enjoy the rights, privileges and immunities granted in the original charter, with the additional power of increasing the … It does not exist in the nature of the thing itself, and must be clearly established. This has not been done and cannot be done.

The People v. Anderson

342 Ill. 290 · Illinois Supreme Court · Dec 18, 1930

The first count charged that plaintiff in error was treasurer of the county of Marshall from December 4, 1922, to December 6, 1926, and that on December 6, 1926, after his term of office had expired and his successor had qualified … If section 215 creates two offenses, one in which the amount withheld is $100 or more and one in which the amount withheld is less than $100, then the offense of withholding $100 or more is clearly a felony because the punishment

United Airlines, Inc. v. City of Chicago

116 Ill. 2d 311 · Illinois Supreme Court · Apr 16, 1987

The third sentence expressly qualifies the second by providing that it “shall not *** preclude the City from imposing any tax, charge, or permit or license fee not inconsistent with the rights and privileges granted to [the … Even assuming, arguendo, that the language of the use agreements did not clearly establish that the parties did not intend to bar the city from imposing the instant taxes, we would find the airlines’ construction of the agreements

Fenske Bros. v. Upholsterers International Union of North America, Local No. 18

358 Ill. 239 · Illinois Supreme Court · Oct 24, 1934

Yet it was held that laborers may use persuasion to induce men to join their organization or to refuse to work except for an established wage; that they may present their cause to the public in newspapers or circulars in … On the contrary, he who challenges the constitutionality of a legislative act has the burden of clearly showing wherein the act violates the constitution. Every presumption is in favor of the validity of the act.

The People v. Davis

10 Ill. 2d 430 · Illinois Supreme Court · Jan 24, 1957

She was subjected to an examination by the court to determine her competency; the court found that the child had sufficient mental perception and moral understanding to qualify her to speak as a witness. … It was given t^ '•ebut the direct evidence given by the defendant, and was clearly admissible for that purpose.

People v. Einoder

209 Ill. 2d 443 · Illinois Supreme Court · Apr 1, 2004

"Statutes are presumed to be constitutional, and the party challenging the validity of the statute has the burden to clearly establish the constitutional invalidity." … The defendant filed a motion to dismiss the complaint, alleging that section 21-6 was unconstitutionally vague because it does not adequately define who qualifies as a "chief security officer."

People v. Goodrich

251 Ill. 558 · Illinois Supreme Court · Oct 25, 1911

Such testimony was clearly incompetent and was properly excluded. Proof of improper relations between plaintiff in error and Mrs. … The guilt of plaintiff in error was clearly established by the competent evidence, and the judgment of the criminal court will be affirmed. Judgment affirmed.

People v. Lindsay

412 Ill. 472 · Illinois Supreme Court · Jun 4, 1952

Before an individual can be assigned as a criminal court judge he must be a duly qualified judge of the circuit court. … Unless it clearly appears that the jury has abused its power, it is not the province of a reviewing court to disturb its determination.

Frazer v. Frazer Lubricator Co.

121 Ill. 147 · Illinois Supreme Court · May 12, 1887

The words, “known as aforesaid, ” evidently have reference to the same thing which is qualified and described by the words “known and called,” in the preceding stipulation in question,—namely, “Frazer’s Axle Grease.” … The process of obtaining that, alone, is covered by the patent, and it was therefore clearly in this sense the grease is spoken of, in the contract, as being made under the patent.

Rzesutko v. Hooper

322 Ill. 519 · Illinois Supreme Court · Oct 28, 1926

While the witness spoke of a building line no such line appears on the plat, and his testimony, taken all together, clearly shows that he intended to speak of the street or front line of the lot. … It follows that appellees sufficiently established their exclusive possession of the premises.

Eisendrath v. Knauer

64 Ill. 396 · Illinois Supreme Court · Sep 15, 1872

The chief circumstances established by what we conceive to be the clear weight and preponderance of the evidence are, that about the 3d of October, 1871, the date of the check in question, the defendants sold to Carney a … It was incumbent upon them to show a qualified right or interest in the thing, a jus in re, or some fixed right attached to it, either equitable or legal. This principle is recognized in the case of Chickering v.

Stambaugh v. International Harvester Co.

102 Ill. 2d 250 · Illinois Supreme Court · Apr 4, 1984

Clair County, yet enjoy immunity from legal proceedings in that county. I believe this is a misinterpretation of the Illinois venue statute (Ill. Rev. Stat. 1981, ch. 110, par. 2 — 101). … Harvester maintains offices in Cook County for convenience, but its products are clearly designed for use in agricultural areas such as St. Clair County.

Bowman & Bull Co. v. Postal Telegraph-Cable Co.

290 Ill. 155 · Illinois Supreme Court · Oct 27, 1919

477 , it was held that the highest court of a State may administer the common law according to its own understanding and interpretation without liability to a review in the Federal Supreme Court, unless some right, title, immunity … The insured rate is clearly impossible to apply and is prohibitive, and is meant to be. The recovery on a repeated message is wholly inadequate on a transaction of any size.

Greenwood v. Gmelich

175 Ill. 526 · Illinois Supreme Court · Oct 24, 1898

conflict, the courts must harmonize them, if practicable, and must lean in favor of a construction which will render every word operative, rather than one which may make some words idle and nugatory. * * * One part may qualify … People, supra, clearly holds, that the power of taxation is to be exercised by the trustees, or by the board of education created by the act of 1889, in the same manner in which it is exercised by the school directors of