Case law

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.

People v. Harris

164 Ill. 2d 322 · Illinois Supreme Court · Dec 22, 1994

We do not find the trial judge’s finding to be clearly erroneous. … clearly of an age of eighteen or older when the offense occurred; that the murder conviction also resulted in convictions for the offense of attempt armed robbery, and that is one of the qualifying factors for the imposition

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.

People Ex Rel. Travis v. Rogier

326 Ill. 310 · Illinois Supreme Court · Jun 22, 1927

A mere voluntary assemblage of persons, though qualified voters, and the expression of their choice upon any proposition not submitted to them in any authorized way or by any lawful authority, does not constitute an election … The power of the legislature to pass a curative act, and the effect of such act legally passed, are not questioned, but its effect cannot be extended beyond the subject matter brought clearly within its terms.

People Ex Rel. Wangelin v. St. Louis Bridge Co.

357 Ill. 245 · Illinois Supreme Court · Jun 20, 1934

In a case of excessive over-valuation it is not necessary that intentional fraud be shown, but where the evidence clearly establishes that the assessment was made either in ignorance of the value of the property or not on … The evidence in the case clearly establishes that the valuation placed upon the appellant’s property for taxation purposes was grossly in excess of the fair cash market value of such property, and that such valuation was

Braye v. Archer-Daniels-Midland Co.

Illinois Supreme Court · Feb 6, 1997

As such, an employer's potential for tort liability exists unless and until the defense of the Workers' Compensation Act is established. Doyle, 101 Ill. 2d at 10-11. … ADM argues that its third- party complaint clearly states that it is seeking contribution consistent with the Contribution Act.

Evans v. Funk

151 Ill. 650 · Illinois Supreme Court · Jun 19, 1894

Armstrong was nominated by the will as executor, and qualified as such. … We think this prohibition against appellant’s right to act as an attorney in the will contest is clearly within the spirit, if not the letter of the statute.

Polich v. Chicago School Finance Authority

79 Ill. 2d 188 · Illinois Supreme Court · Mar 11, 1980

It was further clearly a concern of the committee that through court construction ‘narrow’ and ‘unintended’ limits might be placed upon the General Assembly’s power.” … The enrolled bill rule is clearly applicable here, and we hold the legislation was properly enacted.

Wilson v. Turner

164 Ill. 398 · Illinois Supreme Court · Nov 10, 1896

‘I find it laid down as a rule long ago established,’ said Lord Alvanley in Bradley v. … Thus, if a testator, after giving an estate in fee, proceeds to qualify the devise by a proviso or condition which is of such a nature as to be incompatible with the absolute dominion or ownership, the condition is nugatory

People Ex Rel. Russell v. Farmers State & Savings Bank of Grant Park

338 Ill. 134 · Illinois Supreme Court · Feb 21, 1930

The court said, in substance, that the facts did not establish the identity of the fund, as it never appeared on the books of the bank as a part of the school fund or school money; that the deposit was mixed with other money … That case involved a special deposit and is clearly distinguishable from the one we are here considering. In the case of Otis v.

Allen v. McFarland

150 Ill. 455 · Illinois Supreme Court · Jun 19, 1894

Aside from the established principles which always obtain with the courts in the construction of wills, nothing has been found in the decided cases to materially assist in the inquiry. … What would have been the effect had the testator, instead of using the language he did, said, “I leave all my property in the hands of (or to) my wife,” without the addition of the qualifying words “to manage,” etc., need

In re Eckberg

Illinois Supreme Court · Jul 6, 2000

any established treatment plan; 4. … ANALYSIS The principles governing our review of the reports and recommendations of both the Hearing Board and the Review Board are clearly established.

Chicago Housing Authority v. Blackman

4 Ill. 2d 319 · Illinois Supreme Court · Nov 18, 1954

Clearly they are affected by the constitutionality of the requirements, and are entitled to a determination of the constitutional issues raised. See United Public Workers v. Mitchell, 330 U.S. 75, 91-92 . … It is a well-established rule that statutes will be construed, if possible, so as to avoid invalidity.

Burke v. Burke

259 Ill. 262 · Illinois Supreme Court · Jun 18, 1913

VanAnden or whether the trust in the latter case would have been held void because the payment of the annuities might exhaust the fund, b(ut it was clearly void for the second reason stated in the opinion,—that is, because … The power of disposition here is not unlimited but is qualified, to be exercised only in case the life tenant shall deem it necessary in order to supply herself with the comforts and necessities of life.

Logan v. Civil Service Commission

3 Ill. 2d 81 · Illinois Supreme Court · May 24, 1954

evidence that her vision was so impaired that she could not give ampule medications safely; that Cora Logan had a visual acuity of 20/70 in the right eye and 20/200 in the left eye, according to the testimony of an eminently qualified … It is clear that the findings of the commission with reference to the duties of a nurse of plaintiff’s classification are uncontroverted in the evidence, which clearly establishes that a Nurse I must be able to read and understand

People v. Brockman

143 Ill. 2d 351 · Illinois Supreme Court · May 30, 1991

Section 22.2 clearly states that liability will be imposed on responsible parties when expenses are incurred by the State. … Clearly, if liability is to attach, it is as a result of the contamination caused by the presence of unpermitted waste at the site.

Johnson v. People

113 Ill. 99 · Illinois Supreme Court · Jan 22, 1885

As a bailee is one who has the possession and a qualified property in goods or other personal property under a contract with the owner, either express or implied, it follows from what we have said, and the authorities just … If a conviction under the statute was relied on, the indictment should clearly have set out the fiduciary relation of the accused with respect to the money,—or, in other words, should have set out the facts constituting the

East St. Louis Federation of Teachers, Local 1220 v. East St. Louis School District No. 189 Financial Oversight Panel

Illinois Supreme Court · Oct 17, 1997

Section 1B–20 clearly identifies the nature of the discipline and the parties to be disciplined. … We find no need to discuss any longer a clearly unsupported argument, and we reject it. See 134 Ill. 2d R. 341(e)(7).

People Ex Rel. Warren v. Drummet

415 Ill. 411 · Illinois Supreme Court · May 20, 1953

We have considered the evidence upon the basis of which the trial judge found that the petition was signed by 106 qualified voters residing within the proposed district. The evidence amply supports that finding. … On January 22, 1949, the day on which the election establishing the Wenona District was held, Community Unit School District No. 2 of Marshall County to the west of Rutland was established by election.