Case law

Russell Stewart Oil Co. v. State

124 Ill. 2d 116 · Illinois Supreme Court · Sep 22, 1988

Public Acts 84 — 223 and 84 — 220, effective September 1, 1985, amend both acts to establish a different tax rate structure for sales of gasohol containing ethanol which is distilled in Illinois or in a State which offers … The statutes legislate expressly in terms of State boundaries, drawing a distinction between gasohol qualifying and not qualifying for the tax benefit on the basis of the origin of the distilled ethanol used to produce gasohol

People v. Rivera

227 Ill. 2d 1 · Illinois Supreme Court · Nov 29, 2007

The party asserting a Batson claim has the burden of establishing a prima facie case and preserving the record. Rivera, 221 Ill. 2d at 512 . … Clearly, this murder was gang related and involved the participation and agreement of defendant and two or more other persons.

Lampropulos v. Kedzie Ogden Building Corp.

4 Ill. 2d 32 · Illinois Supreme Court · Oct 25, 1954

the latter owner of all stock with the possible exception of four shares owned by William and another party, neither of whom had any real interest in the business, because such shares were listed in their names merely to qualify … ■Appellant does not seriously pursue the contention that Charles bought the property as agent for all the brothers, and a review of the record fails to disclose any evidence reasonably or clearly establishing that such was

The People v. Konkowski

378 Ill. 616 · Illinois Supreme Court · Nov 18, 1941

The evidence produced by the People tended to show that the defendants induced the complaining witness to believe that for the sum of $600 they could have him placed on the eligible police list qualifying him for appointment … error to this court it is not a question of whether a record is perfect, but whether or not, from an inspection of the entire record, the defendants have had a fair trial and whether the conviction is based upon evidence establishing

Orear v. Farmers State Bank & Trust Co.

286 Ill. 454 · Illinois Supreme Court · Feb 20, 1919

The law is clear that where a resulting trust is sought to be established and enforced “the trust must be clearly alleged in the bill, not only in terms, but all the facts must be set out from which the trust is claimed to … The record not showing clearly and satisfactorily that a resulting trust was established, the decree of the circuit court must be affirmed. Decree affirmed.

Venner v. Chicago City Railway Co.

258 Ill. 523 · Illinois Supreme Court · Apr 19, 1913

These shareholders clearly have the right to agree, at every annual election, to have the vote of all the shares cast as the committee then selected may determine. … The trustees might never make any transfers of shares for the purpose of qualifying a director and might lawfully carry out all the terms of the trust agreement without doing so.

People v. Harris

123 Ill. 2d 113 · Illinois Supreme Court · Jun 20, 1988

It is well established that where a witness has been impeached by proof that he has made prior inconsistent statements, he may bring out all of the prior statements to qualify or explain the inconsistency and rehabilitate … Clearly, only Rodriguez’ grand jury testimony qualifying or shedding light on these two matters should have been admitted. (See People v. Cowper (1986), 145 Ill. App. 3d 1074 .)

Selby v. Hutchinson

9 Ill. 319 · Illinois Supreme Court · Dec 15, 1847

It is now made for the first time, the record clearly showing "that the defendant never made it in the Court below. … It is clearly established, however, by the proof, that Teed was equally dilatory—that he did not work steadily, and that some of Selby’s delay was in fact caused by Teed’s own negligence and carelessness.

O'Casek v. Children's Home & Aid Society

229 Ill. 2d 421 · Illinois Supreme Court · Jun 19, 2008

In her supplement, plaintiff argued that Public Act 94 — 677 clearly establishes that the General Assembly did not intend Public Act 90 — 579 to make substantive changes to section 2 — 622, other than to add naprapaths to … Justice Knecht, in dissent, maintained that the circuit court properly relied on the precedent established in Cargill, which was correctly decided, and that the majority’s approach was flawed.

The People v. Bartz

342 Ill. 56 · Illinois Supreme Court · Dec 18, 1930

Four police officers who had custody of the plaintiffs in error at and prior to the time they made the confessions, testified that no force was used and no reward or immunity was promised to obtain the confessions; that none … If guilt is clearly established, proof of good character or reputation avails nothing. (Hirschman v. People, 101 Ill. 568 ; People v. Anderson, 239 id. 168, p. 184).

City of Chicago v. Vokes

28 Ill. 2d 475 · Illinois Supreme Court · Sep 27, 1963

The constitutional yardsticks to be applied to the present ordinance are also established beyond question. … As to the first, the prohibition is made to apply to “any person in control or possession of said vehicle,” and clearly has application to its driver.

Maddux v. Blagojevich

233 Ill. 2d 508 · Illinois Supreme Court · Jun 18, 2009

Instead, it resolved the case by construing the Act as not barring a “person over the age of 75[,] and otherwise qualified to serve as a judge from running in a judicial election.” Anagnost, 230 Ill. App. 3d at 544 . … As already pointed out, section 11 of the judicial article establishes only three criteria for eligibility to be a judge.

Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings

2017 IL 117720 · Illinois Supreme Court · Feb 17, 2017

¶5 The record before us, when viewed according to the foregoing principles, establishes the following. … The appellate court held that this claim was barred by section 2-107 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-107 (West 2012)), which immunizes local public

People v. Munson

206 Ill. 2d 104 · Illinois Supreme Court · Jun 20, 2002

The court also commented at length on the question of whether Tatelli could be qualified as an expert witness. … Such decisions are generally immune from claims of ineffective assistance of counsel. People v. West, 187 Ill. 2d 418, 432 (1999).

Lenzen v. Miller

378 Ill. 170 · Illinois Supreme Court · Nov 18, 1941

Miller, the executor named in the will, duly qualified as such executor and continues to act in that capacity. Plaintiff (appellant) Lincoln Y. … It is well established that the intention of the testator which courts will carry into effect is that expressed by the language of the will.

Stearns v. Reidy

135 Ill. 119 · Illinois Supreme Court · Oct 31, 1890

the evidence, and of the other special findings made by the jury, and of the general verdict, it is manifest there is no real conflict, but that the various special findings of fact, when taken and considered together, qualify … The special findings indicate clearly the theory of fact upon which the verdict was based, and that theory is in substantial conformity with the case stated in the declaration.

Melvin v. Lamar Insurance

80 Ill. 446 · Illinois Supreme Court · Sep 15, 1875

This is the doctrine, as we regard, abundantly established by judicial decisions. In the case of Blodgett v. … Clearly, then, he ought to be held to his contract.

Condell Hospital v. Illinois Health Facilities Planning Board

124 Ill. 2d 341 · Illinois Supreme Court · Sep 29, 1988

Thus, the plaintiffs in the Highland Park case are clearly not qualified to invoke Rule 318(a) because they are not an “appellee, respondent, or co-party” for the purposes of this appeal. … Had all parties chosen not to seek reconsideration, it clearly would have been a “final” order.

Barrett v. Hinckley

124 Ill. 32 · Illinois Supreme Court · Jan 19, 1888

Raymond, 15 id. 362.) ' As to the mortgage, it is well settled that could not be assigned, like negotiable paper, so as to pass the legal title in the instrument or clothe the assignee with the immunity of an innocent holder … Hence the rule is as well established at law as it is in equity, that the debt is the principal thing, and the mortgage an incident.

The PEOPLE v. Thompson

48 Ill. 2d 41 · Illinois Supreme Court · Apr 1, 1971

It was clearly within the jury’s prerogative to believe the two officers rather than defendant, who contended that he had been arrested outside of the store. … If defendant’s testimony was not believed, there were no circumstances established which were inconsistent with the inference that he entered with the intent to commit theft.