Case law

Campbell v. Campbell

6 L.R.A. 167 · Illinois Supreme Court · Oct 31, 1889

If Enos had qualified as executor, he would have been a necessary party to the bill. His refusal to qualify, and the appointment of an administrator, removed his interest as executor. … The fact, if conceded, that they were heirs-at-law of the testator, would not, of itself, establish their incom-petency, or show that they would take a greater share as heirs than as devisees.

Van Dyke v. White

2019 IL 121452 · Illinois Supreme Court · Oct 9, 2019

Therefore, an indexed annuity that satisfies the conditions set forth above qualifies for exemption under the federal statute. … An administrative agency’s factual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident.

Cross v. People

47 Ill. 152 · Illinois Supreme Court · Jan 15, 1868

If the party had no authority to draw the check in Beckwith’s name, he might not be injured by it; but whether he had or not, is to be established on the trial. . … Here it was insisted that Porter was an approver, and dis ■ qualified by the seventeenth section of the criminal code, which declares that approvers shall not be allowed to give testimony.

Spicer v. Moss

409 Ill. 343 · Illinois Supreme Court · May 24, 1951

The rule is well established. … Clearly, the grantor had no such intention.

In Re Lawrence M.

172 Ill. 2d 523 · Illinois Supreme Court · Aug 2, 1996

We first address the question of sovereign immunity in order to determine whether the juvenile court had subject matter jurisdiction. … In doing so, the Alcoholism and Other Drug Abuse and Dependency Act clearly indicates the responsibility of the Department of Alcoholism and Substance Abuse to establish and fund treatment programs.

Illinois Central Railroad v. Haskins

115 Ill. 300 · Illinois Supreme Court · Sep 23, 1885

There was certainly a controversy upon each side as to what facts the evidence established. … of comparative negligence is as clearly within its province.

People v. Whalen

158 Ill. 2d 415 · Illinois Supreme Court · Mar 24, 1994

In the colloquy with defense counsel, the trial judge clearly stated that the defense witness could be allowed to testify only if the case was continued. … This evidence clearly supported the inference that the offender took money from the safe and took part of the day’s proceeds from the cash registers.

People Ex Rel. Sears v. Romiti

50 Ill. 2d 51 · Illinois Supreme Court · Dec 17, 1971

To permit such an attack upon an indictment would tend to immunize persons involved in events upon which the news media concentrated their attention. … Clearly, the motion for leave to file the petition was improvidently allowed and the petition should be denied.

Pfaelzer v. Kau

207 Ill. 116 · Illinois Supreme Court · Feb 17, 1904

The doctrine of demand and notice, as applicable to commercial paper, has but this qualified application to guaranties: Laches, and a consequent injury, must be shown, and the onus proibandi rests upon the defendant. … This rule is clearly laid down in Gage v. Mechanics’ Nat. Bank of Chicago, 79 Ill. 62 , and is well sustained by authority.

People v. Heineman

2022 IL 127854 · Illinois Supreme Court · Jan 20, 2023

She smelled alcohol on defendant but described him as awake, alert, cooperative, and speaking clearly. … He notes that the evidence did not clearly establish the exact time defendant and Tanya left the party nor the exact time of the accident.

Chicago Tribune Co. v. Johnson

106 Ill. 2d 63 · Illinois Supreme Court · Apr 19, 1985

Jones (1968), 39 Ill.2d 531 , first recognized that "the legislature has broad power to establish reasonable classifications in defining subjects of taxation. ( 39 Ill.2d 531 , *72 535.) … Those who voted "against" may have done so believing the amendment unnecessary because the manufacturing-machinery exemption clearly included news-printing presses.

Talbot v. the People

339 Ill. 333 · Illinois Supreme Court · Apr 17, 1930

The petition alleged that Alice Talbot Heywood died testate in Chicago on December 7, 1923; that on February 25, 1924, her will was admitted to probate by the probate court of Cook county and the petitioners duly qualified … It is not denied that if a refund is established the enforcement of such refund must be made in a different action and before a different tribunal.

Bedell v. Janney

9 Ill. 193 · Illinois Supreme Court · Dec 15, 1847

The circumstances of the case at bar establish for it peculiar claims to exemption from the operation of the general rule referred to, as regulating the liabilities of collectors. … The alleged error of the Court below, in giving the third instruction requested by the defendant, not as asked for by him, but as qualified by the Court, may here properly be disposed of.

Choisser v. York

211 Ill. 56 · Illinois Supreme Court · Apr 20, 1904

In the case at bar the mistake of the judges at Carrier Mills is shown by undisputed evidence, and clearly the ballots cast there ought to be counted. In Perkins v. … by the law to prevent voting by persons not qualified.

Droste v. Kerner

34 Ill. 2d 495 · Illinois Supreme Court · Mar 24, 1966

Illinois Terminal Railroad Co. can be regarded as overturning the established policy of the State with respect to the rights of taxpayers. … In my opinion it clearly falls within the constitutional prohibitions against special legislation. The steel company cited four cases in support of the validity of the statute. The most recent of these, Smith v.

O'LAUGHLIN v. City of Chicago

65 Ill. 2d 183 · Illinois Supreme Court · Nov 15, 1976

Since the lots were, in fact, one zoning lot, the issuance of the permits to construct two principal structures on this zoning lot was clearly illegal. … We find that the mere issuance of the building permits to appellant does not establish conduct which would meet the first part of the exception described above.

Wilcox v. People ex rel. Lipe

90 Ill. 186 · Illinois Supreme Court · Sep 15, 1878

The act incorporating the West Chicago Park Commissioners, approved February 27, 1869, provides that, “ seven persons, resident freeholders and qualified voters of said town (of West Chicago,) who shall be designated by the … may be filled as herein provided in other cases of vacancy, such provision being for filling vacancies in offices where the appointment is with the concurrence of the Senate, and in such case only; that this last clause clearly

Stead v. President & Trustees of the Commons

243 Ill. 239 · Illinois Supreme Court · Dec 8, 1909

In 1675 Marquette established the mission of the Immaculate Conception at a point on the Illinois river near where is now located the village of Utica, in LaSalle county. … The statute thus passed, and under the provisions of which the trustees of the commons of Kaskaskia should have been elected, clearly defines the duties of said trustees when elected, and is the instrument to which said trustees

People v. Hobbs

297 Ill. 399 · Illinois Supreme Court · Apr 21, 1921

The evidence as admitted not only tended to establish the proof of a criminal abortion but also to establish another murder by abortion. … The court, when asked, should give instructions clearly pointing out the purpose for which the evidence is admissible and confine the argument to that purpose.

Williams v. Board of Review

241 Ill. 2d 352 · Illinois Supreme Court · Mar 24, 2011

We agree that the deadline in Sonoco, which established a time limit for contesting an adverse benefits decision, does not closely resemble the 8/16 week deadline. … While we applied the de novo standard of review to the issue of whether the 8/16 week deadline can be tolled, we apply the clearly erroneous standard for mixed questions of law and fact to the issue of whether the deadline