Case law

Mt. Zion State Bank & Trust v. Consolidated Communications, Inc.

169 Ill. 2d 110 · Illinois Supreme Court · Nov 2, 1995

At all relevant times, the swimming pool and playground equipment located in the backyard of the First Street property were clearly visible. … A trespasser on the land who injures another trespasser, however, does not enjoy that same immunity.

Cwik v. Giannoulias

Illinois Supreme Court · May 20, 2010

Thus, the Act clearly divests the property owner of any right to interest earned on property held by the state pursuant to the authority of the Act. … While the circumstances here might not qualify as “abandonment” under a common law definition, there appears to be no question, under Texaco, that the state could enact statutory provisions mandating the status of abandonment

Menning v. Department of Registration & Education

14 Ill. 2d 553 · Illinois Supreme Court · Sep 18, 1958

Although the complainant, Stephens, was present at the hearing, such photographs were never formally introduced into evidence, nor were they qualified in any manner. … Although not clearly spelled out, we interpret the finding of the board in this case to be that Cantwell violated section 5a by making dentures directly for the public, and that appellant was guilty of an offense in taking

Texaco-Cities Services Pipeline v. McGraw

Illinois Supreme Court · Apr 16, 1998

An entity claiming that its income is nonbusiness income bears the burden of clearly proving this fact. See generally Canteen Corp. v. … Rather, the Department contends that the gain qualifies as business income under the “functional test” derived from the second clause of section 1501(a)(1).

Mason v. City of Chicago

163 Ill. 351 · Illinois Supreme Court · Nov 9, 1896

Hundley’s position in this respect is better established by his acts, which are clearly proved, in dealing with the land, than by the testimony of witnesses as to what he said so many years ago. … But this view is not, we think, established by the evidence, nor is it shown that the public had any rights to be thus invaded.

People v. Mitchell

189 Ill. 2d 312 · Illinois Supreme Court · Apr 3, 2000

Clearly defendant’s attorney’s decision not to raise this issue on direct appeal was not objectively unreasonable. … Clearly, defining the test as whether a defendant would have received a fitness hearing cannot be correct.

Ohio & Mississippi Railway Co. v. People ex rel. Hanna

123 Ill. 467 · Illinois Supreme Court · Jan 18, 1888

A careful examination has satisfied us that the current and weight of authority establish the principle, that upon the consummation of such consolidation, authorized by the laws of the States creating the constituent corporations … The idea, conveyed by them, is as clearly expressed as any idea can be expressed by human language.

Fecht v. Freeman

251 Ill. 84 · Illinois Supreme Court · Jun 20, 1911

The foregoing facts clearly, we think, establish that the master and chancellor were justified in finding that John Fecht was wholly unable to take care of himself or to' protect his property, especially as against Freeman … Clearly, this case falls within the rule there announced. In Ronan v.

Gardner v. International Shoe Co.

386 Ill. 418 · Illinois Supreme Court · Mar 21, 1944

The principle to be derived from these authorities is that the unlimited and undisturbed enjoyment which one is entitled to have of his own property must be qualified to this extent, that trifling inconveniences resulting … In addition the defendant, without contradiction, established the additional facts relating to the location and manner of operation, and the commercial character of the neighborhood, which was clearly relevant in determining

Jordan v. Macedo

2025 IL 130687 · Illinois Supreme Court · Mar 20, 2025

¶ 22 The language of Rule 92(e) clearly supports Jordan’s contention that she did not waive her right to statutory costs. … It merely establishes that Rule 92(e) is the sole governing authority on this matter.

Niagara Fire Insurance v. Scammon

144 Ill. 490 · Illinois Supreme Court · Oct 31, 1891

The right to insist upon a forfeiture under a clause against alienation or change of title is stricti juris, and such right must be brought clearly within the forfeiting clause. Aurora Fire Insurance Co. v. … The burden of proof was upon appellant to establish that there had been a change of title that was valid as against the insured. This it did not do.

Arnold v. Alden

173 Ill. 229 · Illinois Supreme Court · Apr 21, 1898

The rule, laid down in the text books and established by the courts of equity in England, is that a trustee is not entitled to compensation for his services. … It is only where the word “issue” is not qualified or explained, that it is construed to include grandchildren as well as children.

DeLuna v. St. Elizabeth's Hospital

147 Ill. 2d 57 · Illinois Supreme Court · Feb 20, 1992

Clearly, giving such testimony at trial does not constitute the exercise of a judicial function. … Nor, in fact, does' the legislation operate to establish a new court, in violation of the constitution.

Reed v. Northwestern Publishing Co.

124 Ill. 2d 495 · Illinois Supreme Court · Oct 20, 1988

Several officers who were alleged to have been involved in some of the burglaries were granted immunity from prosecution in return for their grand jury testimony. … Clearly, in publishing material indicating that an individual is a burglar, an author recognizes that injury may be expected.

People v. Burgess

176 Ill. 2d 289 · Illinois Supreme Court · Apr 24, 1997

These remarks were clearly related to the defendant’s own testimony at trial and to the testimony of the defendant’s father at the sentencing hearing. … Even if counsel was deficient, the defendant cannot establish prejudice from the alleged deficiency.

People ex rel. Longenecker v. Nelson

133 Ill. 565 · Illinois Supreme Court · Jun 12, 1890

also to establish a test by which the good faith of persons declaring their intention to become citizens may be determined. … Clearly not. The power to dispose of property thus acquired so as to use the proceeds for legitimate corporate purposes would seem to be undoubted.

Waterman v. Alden

144 Ill. 90 · Illinois Supreme Court · Jan 19, 1893

That they might have been collected by the use of ordinary business management, and diligence, or secured, is clearly established by the evidence. … Marsh, it was established, the only question being as to the competency of those parties as witnesses, to prove the defense, and on that question he .found in their favor.

La Salle National Bank v. MacDonald

2 Ill. 2d 581 · Illinois Supreme Court · Mar 17, 1954

The third paragraph of that portion of the will which established the trust provides: “At the end of ten years, I direct that my said Trustee shall distribute to the beneficiaries of my trust estate fifty (50) per cent of … We do not read paragraphs 7 and 8 as qualifying the specific provisions relating to termination. Paragraph 7 relates solely to the “payment” of income from the trust.

In Re Rothenberg

108 Ill. 2d 313 · Illinois Supreme Court · Oct 3, 1985

The Administrator contends that the Review Board correctly determined that the letters were “violative of the hearsay rule of evidence” and that they did not qualify as probative evidence. … Although the letters were clearly hearsay, it was within the hearing panel’s discretion to admit them. (In re Silvern (1982), 92 Ill. 2d 188, 196 .)

People v. White

352 Ill. Dec. 159 · Illinois Supreme Court · Jun 16, 2011

She would be qualified to testify in the area of ballistics, and she would testify that the weapon that was recovered from the defendant did match the one fired bullet that was recovered from the victim's body. … United States, 397 U.S. 742, 751-52 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970). ¶ 37 Clearly, sentencing is the driving force behind the plea bargaining process.