Case law

Rein v. David A. Noyes & Co.

172 Ill. 2d 325 · Illinois Supreme Court · Mar 21, 1996

of the court in the first action; (4) the judgment in the first action was plainly inconsistent with the equitable implementation of a statutory scheme; (5) the case involves a continuing or recurrent wrong; or (6) it is clearly … Section 2 — 619(c) provides: "If, upon the hearing of the motion, the opposite party presents affidavits or other proof denying the facts alleged or establishing facts obviating the grounds of defect, the court may hear and

People v. Caballero

102 Ill. 2d 23 · Illinois Supreme Court · Mar 23, 1984

Qualifying a jury under the standards of Witherspoon does not, as defendant argues, exclude all who are opposed to the death penalty. … Another jury-qualification issue raised by the defendant is the claim that the trial judge erred in failing to sua sponte “life qualify” the prospective jurors inasmuch as they were “death qualified.”

People v. Blackwell

171 Ill. 2d 338 · Illinois Supreme Court · Apr 18, 1996

This court found that defendant had established a prima facie case of gender discrimination (People v. … Defendant concedes that the State established the elements needed to prove first degree murder.

Massa v. Department of Registration & Education

116 Ill. 2d 376 · Illinois Supreme Court · Apr 2, 1987

Massa’s veterinary license upon a showing of great negligence in the performance of his veterinary practice; recklessness need not be established. … The facts here establish that Dr.

People ex rel. Oliver v. Knopf

198 Ill. 340 · Illinois Supreme Court · Oct 18, 1902

It is clearly and unmistakably opposed to the provisions of the constitution. … In such a case, where the duty is clearly obligatory and has been disregarded by the officer charged in láw with its performance, courts will interfere by mandamus tb compel the holding of an election. (People v.

Rettig v. Zander

364 Ill. 112 · Illinois Supreme Court · Jun 10, 1936

His will was admitted to record, and the executors and trustees named qualified. … If it were only admitted that the rules by which that intention may be ascertained were not fixed and settled, then it cannot be doubted but that the evidence afforded by this will and this record establishes that intention

The People v. Fisher

340 Ill. 216 · Illinois Supreme Court · Jun 20, 1930

There was no evidence in the Berkman case to show the different rifling of guns or to qualify the witness as an expert in such matters. … It was established without controversy that there was a robbery of the bank on January 18, 1929, during which Martin French was slain and two of the officials of the bank wounded.

Nowak v. St. Rita High School

Illinois Supreme Court · Sep 20, 2001

Thus, the pleadings before the trial court established a genuine issue of material fact which precluded dismissal of count IV. … Application of the doctrine of collateral estoppel must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment. Kessinger v.

Welsh v. Shumway

232 Ill. 54 · Illinois Supreme Court · Dec 17, 1907

On the contrary, the evidence shows clearly that the ballots were in the same condition when opened and counted by the court as when sealed. … city of Galesburg other than to establish ward boundaries.

People v. Smith

78 Ill. 2d 298 · Illinois Supreme Court · Jan 23, 1980

The foundation in this case was too general and inadequate to qualify under the Henry exception. … An included offense is defined by statute as an offense which “(a) [i] s established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the

Ames v. Ames

148 Ill. 321 · Illinois Supreme Court · Jan 16, 1894

The power and duty of the courts in this regard are clearly shown by Judge Story, 2 vol. Eq. Jur. ch. 35. … Ames was appointed, by the probate court of Cook county, guardian of the minors, and qualified as such.

La Salle National Bank v. City of Chicago

6 Ill. 2d 22 · Illinois Supreme Court · May 20, 1955

Though it did not have the burden of proof, the city introduced the testimony of three qualified witnesses who testified that the highest and best use of the land was for apartments. … It is our opinion that the case as made by appellee falls short of establishing these conclusions.

The PEOPLE v. Flowers

14 Ill. 2d 406 · Illinois Supreme Court · Sep 18, 1958

He insists that the court erred in giving one instruction to the effect that recent possession of stolen property tends to establish the guilt of the person in whose possession it is found. … However, the common-law record clearly states that defendant and his counsel were present at all stages of the trial including that when the verdict was returned in open court.

Sinopoli v. Chicago Railways Co.

316 Ill. 609 · Illinois Supreme Court · Apr 24, 1925

If the only reason the rule was competent was on the question of the credibility of witnesses it was then clearly incompetent. … A jury for the trial of a cause was a body of twelve men, described as upright, well qualified and lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within

Cripe v. Leiter

Illinois Supreme Court · Oct 22, 1998

The plaintiff need not establish any intent to deceive on the part of the defendant because even an innocent misrepresentation may be actionable under the Act. Smith v. Prime Cable , 276 Ill. App. 3d 843, 856 (1995). … The court found that the supreme court's professional conduct committee qualified as a regulatory board within the meaning of that exemption.

People v. Leib

2022 IL 126645 · Illinois Supreme Court · Jun 16, 2022

Louis [Avenue] parking lot qualified” as school property: among other things, the “evidence established that it was used for student dropoff and pickup, recess, and parking for athletic events, scout meetings … However, we note that a holding that contiguous property does qualify as “property comprising any school” is not tantamount to a holding that property that is not contiguous cannot qualify as “property comprising

Mansfield v. Carpentier

6 Ill. 2d 455 · Illinois Supreme Court · Sep 23, 1955

Plaintiffs’ assertion that the issues here are different than in the decided cases, because of lack of a qualified plaintiff to raise such issues in the prior cases, is therefore not an accurate statement so far as this court … In the Bode case it was clearly established that motor vehicle license laws need not necessarily be framed on the basis of mileage, but that their constitutionality is measured by whether or not the total of excise taxes

People v. Botruff

212 Ill. 2d 166 · Illinois Supreme Court · Sep 23, 2004

In assessing these arguments, we must be ever mindful of the well-established principles that: (1) all statutes carry a strong presumption of constitutionality (People v. … Maness, 191 Ill. 2d 478, 483 (2000)); and (2) the party challenging a statute bears the burden of clearly establishing the constitutional infirmity (People v. Jeffries, 164 Ill. 2d 104, 111 (1995)).

People v. Hanson

Illinois Supreme Court · Sep 23, 2004

Defendant argues that the State’s interpretation of Cleer as establishing a per se rule is too broad and fails to consider the underlying facts. … The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.

Pennsylvania Co. for Insurance on Lives v. Bauerle

143 Ill. 459 · Illinois Supreme Court · Nov 2, 1892

The other is, where one or more executors shall fail or refuse to qualify. But the Pennsylvania company did not fail or refuse to qualify as executor. … It is not to be presumed that it was the intention of the testator that the clearly expressed power to sell, dispose of and execute deeds of conveyance for all of his real estate within the limits of the State of Illinois