Case law

Illinois Central Railroad v. City of Chicago

141 Ill. 586 · Illinois Supreme Court · May 12, 1892

They cannot vest the city with the fee of the land, or with the exclusive use thereof, because the statute enters into and forms a part of the judgment, and limits and qualifies the nature of the condemnation therein ordered … We are clearly of the opinion that it had not. The subject is purely political.” In L. S. & M. S. Ry. Co. v. C. & W. I. R. R.

The People v. Stevens

358 Ill. 391 · Illinois Supreme Court · Oct 22, 1934

They organized Wille & Co. for the tranaction of an accounting business and owned all the stock except qualifying shares. The net worth of that business was never as much as $7000. … It was clearly shown that the defendants in that case, without regard to their individual financial worth, took money from the finance compan)*, and by means of putting it into the hands of Wille & Co. checked it out for

Sternberg Dredging Co. v. Estate of Sternberg

10 Ill. 2d 328 · Illinois Supreme Court · Jan 24, 1957

App. 514 ,) and held that the action should have been continued or abated until such time as the corporation should again qualify to transact business in Illinois, if it saw fit to do so. … Such negation would be contrary to the settled law of this State existing prior to the Uniform Partnership Act, and the act should not be construed to effect such a change unless its terms clearly require it.

Griffin v. County of Cook

369 Ill. 380 · Illinois Supreme Court · Sep 21, 1938

general law, — a law which hears before it condemns, which proceeds not arbitrarily or capriciously but upon inquiry and renders judgment only after trial, so that every citizen shall hold his life, liberty, property and immunities … service of process, nor against a resident by publication alone, and laid down the rule as follows: “While the authorities are not in entire harmony upon the subject, the Illinois cases and the greater weight of authority clearly

Lynch v. BOARD OF EDUCATION OF COLLINSVILLE COMMUNITY UNIT DIST.

82 Ill. 2d 415 · Illinois Supreme Court · Sep 15, 1980

The doctrine of governmental immunity runs directly counter to that basic concept. … Moving next to the reasons I believe the judgment for the plaintiff must be reversed, I will first address the *440 giving of a clearly erroneous instruction.

Collier v. Anlicker

189 Ill. 34 · Illinois Supreme Court · Feb 20, 1901

The testimony does not show clearly the illegality of these votes, especially the vote of Lucy B. Putney. … It is a well established presumption of law, that a person, who has voted, has the legal right to vote, until the contrary is shown. (City of Beardstown v. City of Virginia, supra; Behrensmeyer v.

Ohnstein v. Levy

3 Ill. 2d 366 · Illinois Supreme Court · May 24, 1954

Plaintiff’s rights, if any, are predicated upon the establishment of a constructive trust as alleged in the amended countercomplaint. … In the instant case the evidence clearly establishes that at the time plaintiff conveyed the property to his daughters, and continuously thereafter, there was a close family relationship.

Walker v. McGuire

2015 IL 117138 · Illinois Supreme Court · Oct 30, 2015

To overcome this presumption, the party challenging the statute must clearly establish the statute’s invalidity. Id. … Simply because a defendant prevailed did not mean the defendant was immune from paying a portion of the master’s fees.

People v. Munson

Illinois Supreme Court · Jun 20, 2002

The court also commented at length on the question of whether Tatelli could be qualified as an expert witness. … Such decisions are generally immune from claims of ineffective assistance of counsel. People v. West , 187 Ill. 2d 418, 432 (1999).

People v. Rivera

166 Ill. 2d 279 · Illinois Supreme Court · Jun 22, 1995

Newell, however, was a very fact-specific case in which the one accomplice who implicated defendant testified under immunity, and his testimony was wholly uncorroborated and directly contradicted by two other accomplices. … Under Baze, defendant’s weapons violations were clearly legitimate matters for the trial court to consider in imposing an increased sentence.

People Ex Rel. Engle v. Kerner

32 Ill. 2d 212 · Illinois Supreme Court · Feb 4, 1965

The purposes sought to be achieved are clearly multiple, independent, and severable. … While not purporting to establish an inflexible standard of frequency of reapportionment, that case is authority for the proposition that decennial reapportionment “would clearly meet the minimal requirements for maintaining

Sims v. Chicago Transit Authority

4 Ill. 2d 60 · Illinois Supreme Court · Sep 23, 1954

Therefore, plaintiff’s conduct in stopping before proceeding beyond the southbound tracks clearly conformed to the standard of due care enunciated in the Oknesorge case cited by defendant. … That provision was not qualified or limited to those in which notice is given to the Chicago Transit Authority under section 41 of the Metropolitan Transit Authority Act.

CONTINENTAL NAT. BANK AND TRUST CO. v. Clancy

18 Ill. 2d 124 · Illinois Supreme Court · Nov 18, 1959

The other defendants, appellees here, insist that the trust is unambiguous and that the defendant Donald Merrill Clancy cannot qualify as either "issue" or a "grandchild" of the settlor. … From all the evidence in the record most favorable to Donald, we cannot find a clear intent to include him in the blood group for whom this trust, by its terms, was established.

People ex rel. Kramer v. Chicago, Rock Island & Pacific Railroad

6 Ill. 2d 266 · Illinois Supreme Court · Jun 16, 1955

The ballot proper stated in substantially the language of section 162a of the Revenue Act the maximum tax rate proposed to be established for the district. … They qualified such statement and expressed their uncertainty created by the above decision by inserting the clause, “and if the previous rate of .90% voted on May 13, A.D. 1947 is invalidated.”

Starkweather v. American Bible Society

72 Ill. 50 · Illinois Supreme Court · Jan 15, 1874

It is also said, that “where the Statute of Wills excepts bodies politic as competent devisees, the usual power given to corporations by charter or act of incorporation to purchase lands, etc., has been construed not to qualify … The courts are so strict, that they will not permit the terms of a will to be altered, even when the devisor has, bv mistake, misdescribed land in a devise, by substituting that which could be clearly proved to have been

The People v. Hicks

28 Ill. 2d 457 · Illinois Supreme Court · Sep 27, 1963

The complaining witness testified that the coat and knife which were taken from the basement storeroom had been in the possession of the defendant on September 28, and it was clearly of considerable importance to ascertain … The defendant also contends that the evidence was insufficient to establish his guilt. He argues that the identification by the victim was worthless because it was based upon her identification of the coat.

The People v. Gould

363 Ill. 348 · Illinois Supreme Court · Apr 17, 1936

Clearly, one who, for a certain use and purpose, trusts his funds to another without fraudulent representation on the latter’s part, and so parts with his money to his injury, has not been fraudulently induced so to do. … The guilt of the plaintiffs in error was thoroughly established. Under the decisions of this court the People made out a case within the confidence game statute.

Nyhammer v. Basta

465 Ill. Dec. 730 · Illinois Supreme Court · Nov 28, 2022

Thus, if the Department’s funding and service provider designation decisions concerning NIAAA’s status as an AAA and RAA qualify as a “contested case” within the meaning of the Procedure Act, then NIAAA may … or, in the event the AAA in that planning and service area is “deemed by the Department to be unwilling or unable to provide those functions, the Department may serve as the [RAA] or designate another qualified

Greenup v. Stoker

8 Ill. 202 · Illinois Supreme Court · Dec 15, 1846

The Court gave the 6th, 7th, 8th, 9th and 10th instructions, and also the 11th and 12th, qualified as follows: 11. … The residue of the instructions asked by the counsel for the defendant below were refused, and an exception taken to the opinion of the Court in denying the same, and qualifying the eleventh and twelfth instructions, as above

The People v. Bruner

343 Ill. 146 · Illinois Supreme Court · Feb 18, 1931

Before saying this upon their oaths, it is their duty to reflect whether, from their study and experience, they are better qualified to judge of the law, than the court; if, under all the circumstances, they are prepared … The fact that the statute in question has been construed and applied during a considerable period of time does not necessarily render it immune from constitutional attack. In Neiberger v. McCullough, 253 Ill. 312 , Mr.