Case law

Van Horne v. Muller

185 Ill. 2d 299 · Illinois Supreme Court · Dec 3, 1998

A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the plaintiff to recover. McGrath v. … A statement need not state the commission of a crime "with the particularity of an indictment to qualify as defamatory per se. Kirchner v. Greene, 294 Ill. App. 3d 672, 680 (1998).

Hannah v. People ex rel. Attorney General

198 Ill. 77 · Illinois Supreme Court · Jun 19, 1902

ground of interest adverse to that of those whom, by the acceptance of the license, he undertakes to represent and serve, from discharging the duties of a public warehouseman, and that he will remain so disinterested and qualified … The denial of the right of a warehouseman to buy and store his own grain in his own warehouse had its basis in the inhibition clearly implied by the constitution.

Mitchell v. Mahin

51 Ill. 2d 452 · Illinois Supreme Court · Apr 17, 1972

The first reason assigned was that statutes are not to be construed retroactively unless this clearly appears to be the legislative intent. … Distributions from qualified pension and profit-sharing plans which otherwise are included in adjusted gross income are to be deducted to the extent they are attributable to benefits which accrued prior to August 1, 1969.

Walker v. Agpawa

451 Ill. Dec. 343 · Illinois Supreme Court · Aug 26, 2021

The Board discussed Gualano, which involved a similar restoration of rights by the governor, and characterized the holding in that case as “definitive” and “clearly dispositive.” … Williams, 2014 IL App (1st) 133443, ¶ 10 (“When read in their entirety, the provisions of the Election Code and the School Code at issue establish an intent by the legislature to prevent individuals convicted

Barkhausen v. CONT. ILL. NAT. BANK AND TRUST CO. OF CHICAGO

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

Grand Prairie Seminary v. Morgan

171 Ill. 444 · Illinois Supreme Court · Feb 14, 1898

Three executors and trustees were appointed by the will, who duly qualified and are still acting as such. … This clearly contemplates succession or the continuance of trustees, for the carrying out of the full terms and purposes of the will.

The People v. City of Chicago

349 Ill. 304 · Illinois Supreme Court · Jul 26, 1932

The admissions in the city’s plea, therefore, establish the city’s exercise of powers under the acts of 1929. … It is next contended that the act makes an irrevocable grant of special privileges or immunities, in violation of section 14 of article 11 of the constitution.

Illinois Forge, Inc. v. Industrial Commission

95 Ill. 2d 337 · Illinois Supreme Court · Mar 25, 1983

Guttman used better equipment and was more qualified to perform the audio-grams than were respondent’s employees. … Clearly waiver should not apply here.

Kopf v. Kelly

2024 IL 127464 · Illinois Supreme Court · Mar 21, 2024

“To rebut the presumption, a party challenging a statute must establish clearly that it violates the constitution.” Pepitone, 2018 IL 122034, ¶ 12. … complaint under section 2-619.1 of the Code of Civil Procedure (735 ILCS 5/2- 619.1 (West 2020)), arguing that plaintiff’s negligence claim was subject to dismissal as affirmatively barred by sovereign immunity

People ex rel. Rogerson v. Crawley

274 Ill. 139 · Illinois Supreme Court · Jun 22, 1916

Section 18 provided that all the officers should hold their offices until their successors were appointed and qualified. The district composed of the said city has been known as No. 117. … If the act must necessarily produce a result clearly and unquestionably forbidden by the constitution it cannot be upheld, whatever may be its form or profession, and, therefore, if the General Assembly should, by one or

People ex rel. Jacobs v. Coffin

282 Ill. 599 · Illinois Supreme Court · Feb 20, 1918

The act clearly makes the commissioners officers of the city and not of any other corporation whatever. … They are therefore clearly a branch or agency of the municipal government. Board of Water Comrs. v. People, 137 Ill. 660 .

People Ex Rel. McLaughlin

361 Ill. 405 · Illinois Supreme Court · Oct 14, 1935

Such regulations shall designate the classes of persons qualified and authorized to make such investigations and issue such certificates. … Merchandise which has been unloaded and stored ceases to be a subject of interstate commerce and loses its immunity from State taxation or regulation. (Nashville, Chattanooga and St. Louis Railway Co. v. Wallace, 288 U.

Smith v. Smith

168 Ill. 488 · Illinois Supreme Court · Nov 1, 1897

We are, therefore, of the opinion, that no error was committed in excluding the terms of the contract from the jury, especially in view of the fact that the evidence in the record clearly shows soundness of mind and memory … The testimony of these three witnesses fully establishes the soundness of the testator’s mind and memory, and his ability to make the will.

American Federation of State, County & Municipal Employees v. County of Cook

136 Ill. 2d 334 · Illinois Supreme Court · May 23, 1990

It is the public body's burden, moreover, to establish that an exception applies. Both parties, and the appellate court, cite several cases in support of their positions. … The emphasis in section 2(c) is on the different formats or media a public body may use to preserve *351 information and which qualify as "public records."

State Farm v. Universal Underwriters Group

Illinois Supreme Court · Apr 16, 1998

It is well established that when a statute defines the terms it uses, those terms must be construed according to the definitions contained in the act. Garza v. … The word “Act,” in turn, refers to the Illinois Vehicle Code, unless the context clearly indicates another meaning. 625 ILCS 5/1–101.1 (West 1996).

Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana Railroad

97 Ill. 506 · Illinois Supreme Court · Feb 3, 1881

The new use in the case at bar, in its nature, may be a public benefit, and clearly it is not the same use. … constitution, the General Assembly had power to pass special laws granting to a corporation the right to lay down railroad tracks at any given place, and special laws granting to particular corporations special privileges, immunities

Chaudhary v. Department of Human Services

2022 IL 127712 · Illinois Supreme Court · Jan 20, 2023

Thus, the code clearly indicated that the burden was on the party challenging the allegations in the notice. … ¶ 98 Although it is true that the Secretary’s decisions should be afforded considerable weight, they are not immune from review.

Stearns v. Stearns

376 Ill. 283 · Illinois Supreme Court · Apr 10, 1941

Moreover, without discussing them in detail, their tendency is to establish the contrary facts. … When all the facts and circumstances are considered, the weight of the evidence is clearly against defendant’s contention that he was born legitimate or was subsequently legitimatized by a marriage of his parents.

Unzicker v. Kraft Food Ingredients Corp.

Illinois Supreme Court · Nov 21, 2002

The potential for tort liability exists until the defense is established. … Clearly, statutes such as section 2–1117 that establish a threshold for joint and several liability are problematic in many respects: “[A]ny threshold is an imperfect way to screen out tangential tortfeasors, and often the

Natt v. Suburban Cook County Tuberculosis Sanitarium District

407 Ill. 436 · Illinois Supreme Court · Nov 27, 1950

Natt, and Ann Plattner, qualified taxpayers, on behalf of themselves and all other taxpayers similarly situated, filed a complaint in the circuit court of Cook County against the defendants, the Suburban Cook County Tuberculosis … The county clerk, likewise, had published notices of the general election, setting forth the exact locations of the officially established polling places.