Case law

Johnson v. Ames

2016 IL 121563 · Illinois Supreme Court · Jul 13, 2017

The village election board concluded that the proposition was vague and ambiguous because it did not clearly state whether the term limits were prospective or retroactive. … Citing the criteria established in Leck, we concluded that “[t]he nonpartisan referendum proposition is too vague and ambiguous to qualify as a binding referendum *** because it leaves in its wake significant

Lowe v. Matson

140 Ill. 108 · Illinois Supreme Court · Jan 15, 1892

Thereupon the assignee, Jones, presented his resignation to the county court of that -county, which was accepted, and appellant appointed his successor, and he immediately qualified and gave bond. … Several decisions of this court are cited as authority supporting this position, but they are clearly distinguishable from this case.

Barkhausen v. Continental Illinois National Bank & Trust Co.

3 Ill. 2d 254 · Illinois Supreme Court · May 24, 1954

If title had been taken and the assumption agreement had been executed by a corporation, the individual purchasers would of course have been immune from personal liability as permitted by the "mortgage indenture but would … It has also been said that there is no established rule forbidding the giving of relief in any case to one injured by reason of a mistake of law, but that whenever it is clearly shown that parties in their dealings with each

The PEOPLE v. Harrison

26 Ill. 2d 377 · Illinois Supreme Court · Nov 30, 1962

The foundation was clearly insufficient, the objection well taken and the stipulation cannot be considered. However, in the view we take of the case, the ruling on the stipulation is not reversible error. People v. … There was no evidence of any analysis of the white powder by a qualified chemist.

Acme Markets, Inc. v. Callanan

236 Ill. 2d 29 · Illinois Supreme Court · Oct 29, 2009

Under section 18 — 190 of that statute, a referendum was clearly required before a tax levy to support the detention home could be imposed. No such referendum was conducted prior to the 1997 levy or at any other time. … The second issue before us turns on the separate question of when, exactly, a levy qualifies as having been made for the first time.

Chatham Foot Specialist, P.C. v. Health Care Service Corp. Corrected opinion posted 10/11/05

Illinois Supreme Court · Sep 22, 2005

Clearly, a health-care provider who does not have a license to practice cannot enter into a valid fee agreement with patients. … Clearly, the intent of the legislature here is not to advance the public welfare but to allow professionals to incorporate in order to enjoy certain tax benefits and to reduce their potential civil liability.”

Hudnall v. Ham

48 L.R.A. 557 · Illinois Supreme Court · Dec 18, 1899

We have carefully considered all of the evidence, and cannot avoid the conclusion, reached also by the court below, that she has not sustained this burden, but has failed to establish the allegations of her cross-bill that … and make it read, “When there is no widow who has not released or who is not barred or estopped by contract the estate shall descend,” etc., the Hudnalls could be declared the heirs; but we have no authority to add to or qualify

Petersen v. Elgin, Aurora & Southern Traction Co.

238 Ill. 403 · Illinois Supreme Court · Feb 19, 1909

It would seem that a jury of twelve men of ordinary judgment and experience is peculiarly well qualified to determine whether, under a state of circumstances detailed before them by witnesses, a particular line of conduct … Mehlsack, 131 Ill. 61 , upon which plaintiff in error relies, is clearly distinguishable from the case at bar, because in that case the proof tended to show that the person receiving the injury was trying to steal a ride

The People v. Cobb

343 Ill. 78 · Illinois Supreme Court · Feb 18, 1931

The defendants urge that by singling out the officers and leaving all other members immune the legislature has made an arbitrary distinction. … A labor contract made in 1927 is cited as creating ill-will, and a killing in 1928 after a communistic meeting, when the killing was not clearly shown to be the aftermath of labor troubles.

Department of Revenue v. National Bellas Hess, Inc.

34 Ill. 2d 164 · Illinois Supreme Court · Jan 25, 1966

The company is a Delaware corporation and is qualified to do business only in Delaware and Missouri. … This stipulation clearly means that respondent has solicited mail order sales in Iowa. [Emphasis added.]

People ex rel. Moloney v. Pullman's Palace Car Co.

64 L.R.A. 366 · Illinois Supreme Court · Oct 24, 1898

Norman Williams, Jr., and their associates, successors and assigns, be and are hereby created a body politic and corporate, under the name and style of ‘Pullman’s Palace Car Company, ’ with all powers, rights, privileges and immunities … The design of a special traverse, as distinguished from a common traverse, is to explain or qualify the denial. The essential parts of such a plea are the inducement, the denial and the verification.

Johnson v. Johnson

187 Ill. 86 · Illinois Supreme Court · Oct 19, 1900

Where the testimony is conflicting, and it is not clearly against the weight of the evidence, the verdict of the jury must be held to be conclusive. (Entwistle v. Meikle, 180 Ill. 9 ). … To establish such a rule as this would be to open the door to fraud and corruption.

Belfield v. Findlay

389 Ill. 526 · Illinois Supreme Court · Mar 21, 1945

His claim is based solely on the will, and, to qualify as remainderman, he must establish his identity as a beneficiary described in the will. … It follows that, under the law established by applicable decisions, defendant is not the owner of the property in controversy.

Relf v. Shatayeva

2013 IL 114925 · Illinois Supreme Court · Nov 24, 2013

App. 3d 427, 431 (1987) (no precedent established on points neither argued nor discussed in an opinion). … Those circumstances are clearly not present in this case.

People v. Kotlarz

193 Ill. 2d 272 · Illinois Supreme Court · Oct 13, 2000

a grant of immunity. … We believe the evidence clearly established that defendant knowingly participated in this deception.

Caruthers v. Fisk University

394 Ill. 151 · Illinois Supreme Court · May 21, 1946

In order to qualify itself under the 1911 act, Fisk University complied with the statutory requirements and thereafter possessed the power to take and hold real estate by devise or otherwise. … We are of the opinion that the trial court was correct in dismissing the bill for want of equity and establishing the title to the South Michigan avenue real estate in the appellee. Decree affirmed.

People v. Chandler

129 Ill. 2d 233 · Illinois Supreme Court · Jun 19, 1989

Ct. 2052 , in order to establish a valid claim. … The State argues that this is clearly a legislative oversight, since burglary (Ill. Rev.

The People v. O'Connell

386 Ill. 606 · Illinois Supreme Court · Mar 21, 1944

Other provisions were for the establishment of a special fund for the payment of compensation in the event of default or insolvency of the applicant. … Clearly that rule has no application to the securities furnished to guarantee payment of compensation liabilities arising subsequent to the date of the application.

R. Stewart Oil Co. v. State, Department of Revenue

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 Illinois … 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

A.J. Maggio Co. v. Willis

197 Ill. 2d 397 · Illinois Supreme Court · Sep 27, 2001

With the addition of paragraph (e) in 1967, however, we established the rule against successive petitions for rehearing in the appellate court. … The meaning of “no other petitions” does not need to be qualified or explained by yet another phrase such as that supplied by Maggio.