Case law

People v. Lidster

Illinois Supreme Court · Oct 18, 2002

The troubling specter then arises that the streets of Cook County, or at least the streets of Chicago, would be adorned with roadblocks, an outcome clearly unacceptable under Edmond . … , known crime, as opposed to a roadblock established to discover evidence of crime in general.

People v. Hope

168 Ill. 2d 1 · Illinois Supreme Court · Sep 21, 1995

The trial judge’s ruling will be set aside only if it is clearly erroneous. Williams, 164 Ill. 2d at 19 . … A review of those decisions, however, reveals that both are clearly distinguishable.

Smith v. Eames

4 Ill. 76 · Illinois Supreme Court · Jul 15, 1841

The old rule was, that the more a person knew of the facts, of his own knowledge, the better qualified was he to perform the functions of a juror. … He had an opinion from rumor, if the rumors were true, leaving it clearly inferrible, that if they were not true he had no opinion.

Smithberg v. Illinois Municipal Retirement Fund

Illinois Supreme Court · Aug 10, 2000

Nancy answered and filed a counter-complaint for declaratory judgment, seeking to establish her right to the death benefit. … She could hardly argue otherwise, as that proposition has been so firmly established in this state over the years as to be beyond dispute.

Texas Company v. Hollingsworth

375 Ill. 536 · Illinois Supreme Court · Feb 14, 1941

Therein it alleged the substance of what had been alleged in the complaint upon information and belief and that the exact course and direction of the wells could be established by a subsurface survey thereof and that “such … Attached to the petition and made a part thereof were the - separate affidavits of three persons, each purporting to be qualified to express an opinion upon the matters included in the affidavit.

Barnes v. Odum

304 Ill. 624 · Illinois Supreme Court · Oct 21, 1922

The only exception is instruction No. 33, which told the jury “that the capacity to comprehend a few simple details, if the estate be small, might qualify a person, in that case, to intelligently dispose of his property by … The testimony preponderates so clearly in favor of the testamentary capacity of testatrix that appellants make no contention that the verdict is not well supported.

Millard v. Millard

221 Ill. 86 · Illinois Supreme Court · Apr 17, 1906

The defendants then offered in evidence other portions of their testimony in the probate court for the purpose of establishing a gift of the property taken from the box by the deceased to the defendant Jane H. Millard. … Ordinarily an admission is to be taken as an entirety, and when a part of a statement is introduced as an admission against a party, he is entitled to introduce any other part relevant to the matter in issue which will explain, qualify

Boutwell v. Industrial Commission

408 Ill. 11 · Illinois Supreme Court · Nov 27, 1950

He further stated, as his opinion, that on October 10, 1948, when examined, claimant was not physically qualified to perform manual labor, although the ribs had healed. … Even assuming the claimant had a pre-existing condition, which is not definitely established here, and that it was set in motion or “lighted up” or aggravated by the injury, and the injury is admitted in this case, the injuries

People Ex Rel. Thompson v. Chicago & North Western Railway Co.

397 Ill. 266 · Illinois Supreme Court · May 22, 1947

It is well established that the itemization rule should receive a common-sense interpretation; (People ex rel. Oller v. New York Central Railroad Co. 388 Ill. 382 ; People ex rel. Toman v. … We said: “A statement of these items alone, clearly demonstrates their invalidity.

The People v. Simmons

399 Ill. 572 · Illinois Supreme Court · Mar 18, 1948

Although it is not clearly shown, it is apparent that there had been some previous difficulty between Yates and one Paul Linnear, who was also present. … This court said there, at page 540: “The contention of counsel seems to be, that there must be some specific proof of the intent charged, and that it must be established in some way other than by evidence of the attending

AFM Messenger Service, Inc. v. Department of Employment Security

Illinois Supreme Court · Sep 20, 2001

rule of law as applied to the established facts is or is not violated.” … Thus, a driver’s “business” was not established “independently” of AFM.

Nationwide Financial, L.P. v. Pobuda

2014 IL 116717 · Illinois Supreme Court · Dec 29, 2014

We therefore overrule those first district decisions. ¶ 38 Nationwide argues that this court’s precedent in cases such as Schmidt should be read to include the following qualifying limitations: “[A] titleholder … Id. at 465-66. ¶ 50 Piper, then, is clearly distinguishable from the present case, as there the origin was shown—from the direct testimony of the defendant’s predecessor—to have been permissive

Pure Oil Co. v. Miller-McFarland Drilling Co.

376 Ill. 486 · Illinois Supreme Court · Apr 15, 1941

The court below was clearly justified in finding that the property had been abandoned and its use for purposes of the church discontinued. … The well-established rule under which we have found that John Hubble had the possibility of reverter under his deed to the church also contains certain limitations and restrictions in connection with such right of reverter

People v. Carey

2018 IL 121371 · Illinois Supreme Court · Aug 15, 2018

Therefore, the indictment, read as a whole, clearly informed defendant that the State intended to prove that he possessed a firearm at the time of the shooting. ¶ 27 However, without citation to authority, the … In support, defendant contends that the State failed to prove that the inoperable and unloaded .22-caliber derringer qualified as a “firearm.”

People ex rel. German Insurance v. Williams

24 L.R.A. 492 · Illinois Supreme Court · Mar 31, 1893

Relator was not alone interested, nor did the failure of respondent to qualify affect its interest only. … The case is, therefore, clearly distinguishable from one in which the act sought to be enforced is for the benefit of some private party.

Chicago Motor Coach Co. v. City of Chicago

337 Ill. 200 · Illinois Supreme Court · Jun 19, 1929

No certificate of public convenience and *Page 218 necessity shall be construed as granting a monopoly or an exclusive privilege, immunity or franchise." … In that case the distinction between the regulation of the utility and the power to consent to the use of the streets is clearly drawn.

Dombrow v. Dombrow

401 Ill. 324 · Illinois Supreme Court · Sep 24, 1948

Whatever her capabilities, reason or purpose, by Adolph’s testimony, alone, it is established that she came to him with the problem of disposing of her property. … Schalk was himself of an advanced age and possessed no abilities or knowledge which qualified him to be counsel to his sister, the appellee, in dealings with educated persons.

Community Unit School District No. 4 v. Booth

1 Ill. 2d 545 · Illinois Supreme Court · Dec 7, 1953

The two trustees named in the will duly qualified, and upon the death of one of those named, the trust was administered by the survivor. Stella Booth Krug died on February 10, 1950; Ruth A. … An election upon the proposition to establish the new district was held and the proposition was carried. Thereafter a board of education for the new district was elected and qualified.

In re Application of the County Treasurer

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.

People v. Ward

187 Ill. 2d 249 · Illinois Supreme Court · Jun 17, 1999

Accordingly, he has not established prejudice. See Bean, 137 Ill. 2d at 81-82 . … right to present witnesses to establish a defense.