Case law

In Re Application of County Treasurer

214 Ill. 2d 253 · Illinois Supreme Court · Feb 17, 2005

might defeat such clearly expressed legislative intent. … The party challenging the constitutionality of the statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. Burger v.

Leonard v. Burtle

226 Ill. 422 · Illinois Supreme Court · Apr 18, 1907

The evidence strongly tends to show that the appellant was guilty .of such conduct as would establish a fraudulent purpose in dealing with his mother’s property and affairs. … Shortly after the death of the testatrix he qualified as executor under her will, and although he knew about the certificates of deposit in the Springfield bank, amounting to nearly $16,000, he only listed personal property

Continental Illinois National Bank & Trust Co. v. Clancy

18 Ill. 2d 124 · Illinois Supreme Court · Nov 18, 1959

The other defendants, appellees here, insist that the trust is unambiguous and that the defendant Donald Merrill Clancy cannot qualify as either “issue” or a “grandchild” of the settlor. … From all the evidence in the record most favorable to Donald, we cannot find a clear intent to include him in the blood group for whom this trust, by its terms, was established.

People v. Hood

59 Ill. 2d 315 · Illinois Supreme Court · Nov 27, 1974

Defendants have failed to convincingly establish a basis for this contention. … In the present case, the circumstances surrounding the victim’s statement must be viewed to determine if the statement so qualifies.

Jorgensen v. Blagojevich

211 Ill. 2d 286 · Illinois Supreme Court · May 20, 2004

II, § 1), which establishes the principle of separation of powers. … While he has expressed his defense in terms of immunity, the Governor’s argument goes far beyond conventional immunity doctrine.

People v. Brisbon

129 Ill. 2d 200 · Illinois Supreme Court · May 24, 1989

The record clearly indicates that Martin testified that he observed the stabbing incident. The defendant was given ample opportunity to cross-examine Martin. … The Court articulated the appropriate standard for enabling a defendant to establish a prima facie case of purposeful discrimination in the context of voir dire: “To establish such a case, the defendant first must show that

People ex rel. Fuller v. Hilliard

29 Ill. 413 · Illinois Supreme Court · Nov 15, 1862

for at that election, and, in the performance of this duty, the clerk, with the assistance of these justices of the peace, opened the returns of the second precinct of the fourth ward in the city of Chi- . cago, a legally established … They were acting colore officii in the performance of appropriate acts, and are presumed to have been well'appointed and qualified. In the case of The People v.

Andrews v. Kowa Printing Corp.

217 Ill. 2d 101 · Illinois Supreme Court · Oct 20, 2005

Clearly, it is this section, and not section 2, that defines who, other than the employer itself, may be treated as an "employer" for purposes of the Wage Act. … Kowa clearly is an "employer" under section 13 of the Act, because the trial court found that the evidence in the case established that he is the owner and principal shareholder in Kowa Printing Group, Inc., makes all corporate

In Re Estate of Wolfner

27 Ill. 2d 221 · Illinois Supreme Court · Feb 1, 1963

Section 75 of the act specifically provides that unless the will states otherwise, if one of several executors fails to qualify "letters testamentary shall be issued to the executor who qualifies and accepts the office" ( … Clearly, no reason to call Toni Zollner as a witness existed until such time as a proper foundation for impeachment had been laid, and, if Jane Dodson admitted a conversation with Toni Zollner as outlined in the offer of

Illinois Department of Healthcare & Family Services v. Warner

227 Ill. 2d 223 · Illinois Supreme Court · Jan 25, 2008

By limiting the application of section 17 to situations where the child is “sought to be adopted,” the General Assembly clearly intended to avoid such a result. … We are qualifying the reach of the “sought to be adopted” language, not eliminating it from the statute altogether.

Segers v. Industrial Commission

191 Ill. 2d 421 · Illinois Supreme Court · May 18, 2000

Old Ben clearly waived its primary jurisdiction argument. … The party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. Arangold, 187 Ill. 2d at 351 .

Harrisonville Telephone Co. v. Illinois Commerce Commission

212 Ill. 2d 237 · Illinois Supreme Court · Sep 23, 2004

We were also cognizant of the fact that the qualifying companies would, in all likelihood, seek to recoup the reduction in the fund size from their customers. … Despite the fact that our decision here may bring rate increases to the customers of the qualifying companies, the policy issue is more far reaching.

The People v. Monroe

349 Ill. 270 · Illinois Supreme Court · Jul 26, 1932

Whether an act of the legislature is void because it contravenes the public policy of the State depends upon whether the public policy upon the particular subject has been established by statute or is a part of the common … , where no delivery of the commodity or security was intended, on “any regular board of trade or commercial or stock exchange” without granting the same immunity to other persons who entered into the same contract under exactly

Cult Awareness Network v. Church of Scientology International

177 Ill. 2d 267 · Illinois Supreme Court · Sep 18, 1997

Moreover, the plaintiff must establish that the former action was terminated in his or her favor. … The appellate court affirmed the judgment of the circuit court, holding that a dismissal of the former action could not qualify as a favorable termination in the context of a malicious prosecution suit.

The People v. Watson

36 Ill. 2d 228 · Illinois Supreme Court · Dec 1, 1966

There are instances in noncapital cases where an expert might be necessary to establish a defense. … Section 8 — 4 of Criminal Code of 1961 clearly points out that all that need be shown in a charge of attempt is the intent to commit a specific offense and an overt act constituting a substantial step toward commission of

Schmidt v. Schmidt

201 Ill. 191 · Illinois Supreme Court · Feb 18, 1903

Schmidt qualified as executor. At the time of his death the testator was about.seventy years of age. … The motion to strike them from the record will, however, under the practice established in Johnson v. Askey, 190 Ill. 58 , be denied.

People v. Lerma

2016 IL 118496 · Illinois Supreme Court · Mar 3, 2016

According to the appellate court, the trial court here clearly failed to do this, as the reasons the trial court gave for denying the admission of Dr. … Loftus is a qualified and highly respected expert in -9-  this field.

Board of Education of Peoria School District No. 150 v. Peoria Federation of Support Staff

2013 IL 114853 · Illinois Supreme Court · Nov 24, 2013

The term “special” refers to “laws which impose a particular burden or confer a special right, privilege or immunity upon a portion of the people of the State.” (Internal quotation marks omitted.) … ” qualifying “at a subsequent time.”

State Bank of Chicago v. Gross

344 Ill. 512 · Illinois Supreme Court · Jun 18, 1931

On the same day the executor qualified. … In England, as-well as in most of the American jurisdictions, the rule is well established that, unless the will clearly expresses a contrary intent, a general pecuniary legacy is regarded as due and payable one year from

In Re Estate of Greenspan

137 Ill. 2d 1 · Illinois Supreme Court · Jul 9, 1990

The majority acknowledges that the evidence at the hearing in the circuit court established that Mr. Greenspan’s death will not be imminent unless the feeding tubes are removed. … In Longeway, this court held that the evidence must clearly and convincingly demonstrate that an incompetent patient, if competent, would refuse nutrition and hydration under the circumstances.