Case law

DEPT. OF PUBLIC WORKS AND BUILDINGS v. Finks

10 Ill. 2d 15 · Illinois Supreme Court · Nov 26, 1956

It is not claimed these witnesses were not qualified to give an opinion on value. … Here, the jury verdict ($4200) did approximate the lowest estimate ($3600), but this is not, of itself, sufficient to establish a clear and palpable mistake. ( Forest Preserve District v. Dearlove, 337 Ill. 555 .)

Bostwick v. Skinner

80 Ill. 147 · Illinois Supreme Court · Sep 15, 1875

agreed, in such cases, that, where enough appeared upon the face of the proceedings to call upon the court to proceed to act, the court has properly acquired jurisdiction; and it was added: “"Where the jurisdiction is thus established … Russell in the Cook county court, and he was by that court appointed administrator, with the will annexed, in the State of Illinois, and qualified as such.

People v. Reid

136 Ill. 2d 27 · Illinois Supreme Court · Apr 18, 1990

Defendant also emphasizes that the circuit court qualified its burden-of-persuasion remark with regard to the voluntariness issue. … The record clearly indicates the circuit court considered all of the relevant circumstances in the case at bar.

Tuthill v. Rendelman

387 Ill. 321 · Illinois Supreme Court · May 16, 1944

It was held that he could not establish a permanent residence or abode by such conduct. … There is nothing to indicate that her ballot or right to vote was challenged, hence her right to vote was clearly established unless defendant by competent evidence showed that, as he claims, she did not have a right to register

People v. Christopher K.

217 Ill. 2d 348 · Illinois Supreme Court · Dec 15, 2005

Thus, section 5 — 810 reflects the legislature’s intent to show minors who qualify for the application of the statute greater leniency than minors who qualify for discretionary transfer, while still providing them with a … The initial factors that qualify a minor’s case for discretionary transfer and an EJJ designation are essentially the same.

Knisely v. Simpson

397 Ill. 605 · Illinois Supreme Court · Sep 18, 1947

The cardinal rule of testamentary construction is to ascertain and give effect to the intention of the testator, unless he attempts to accomplish a purpose or to make a disposition contrary to some established rule of law … Where a testator, by his will, employs language sufficient to pass title in fee, if it be clearly shown by other clauses or parts of the will that he intended to reduce, qualify or cut down the fee granted, such intention

Sherwood v. Illinois Trust & Savings Bank

195 Ill. 112 · Illinois Supreme Court · Feb 21, 1902

The evidence in this record clearly establishes that, in so far as the Pacific Railway Company is concerned, W. W. Sherwood was never known to it in any way in connection with this stock. … Sherwood was in any sense a qualified or limited ownership, nor was there anything, either from the certificate or the books of the company, that was calculated to put any person upon inquiry as to the ownership of such stock

Wilson v. Harrold

288 Ill. 388 · Illinois Supreme Court · Jun 18, 1919

This rule must control even though the intention of the grantor is shown clearly by the instrument to have been otherwise. … The qualifying adjective “lawful” before the word “heirs” does not in any way change the meaning of the word “heirs” to one of purchase rather than a word of limitation. Deemer v. Kessinger, supra; Webbe v.

County of Cook, Cermak Health Services v. Illinois State Local Labor Relations Board

144 Ill. 2d 326 · Illinois Supreme Court · Sep 26, 1991

Thus, Rule 335 incorporates the 30-day filing period established by Rule 303(a). … Rule 335 specifically qualifies its adoption of other rules by use of the words “insofar as appropriate.”

People v. Conick

Illinois Supreme Court · Nov 20, 2008

claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment … Such motion would clearly qualify as a motion seeking postconviction relief, as indicated by -6-  section 22–105(a). See 735 ILCS 5/22–105(a) (West 2006).”

The People v. C.G.W.R.R. Co.

379 Ill. 594 · Illinois Supreme Court · May 13, 1942

*Page 596 As amended in 1921, section 189 of "An act to establish and maintain a system of free schools," (Laws of 1921, p. 818,) authorized the board of education of school districts such as district No. 89 to levy annually … Stat. 1941, chap. 46, par. 305, p. 1483) provides that whenever a public measure is submitted to be voted upon by the people within any district the substance of the measure shall be clearly indicated on a separate ballot

People v. Greer

Illinois Supreme Court · Sep 23, 2004

The record clearly refutes defendant’s claims. … In our opinion, defendant’s conduct qualified him for the death penalty.

Bonhomme v. St. James

2012 IL 112393 · Illinois Supreme Court · May 24, 2012

She also contracted a recurring infection known as MRSA (multidrug resistant staphylococcus aureus) because her immune system was so weakened. ¶8 Yet even after Jesse’s death, defendant stayed in touch with … This court has clearly and consistently explained that “a party who files an amended pleading waives any objection to the trial court’s ruling on the former complaints,” and “ ‘[w]here an amendment is complete

Cremer v. Peoria Housing Authority

399 Ill. 579 · Illinois Supreme Court · Mar 18, 1948

Bolclon, qualified taxpayers, brought an action in the circuit court of Peoria County against the defendants, Peoria Housing Authority, Illinois Valley Homes, Inc., Nettleson-BaldwinAnderson, Inc., and Mercantile Mortgage … City of Chicago, 157 Ill. 414 , relied upon by plaintiffs, is clearly distinguishable on the basis that no exchange of values was involved there.

Burr v. Brooks

83 Ill. 2d 488 · Illinois Supreme Court · Jan 20, 1981

Testimony was presented concerning the number of indigents who, though unable to pay for medical care, nevertheless failed to qualify for assistance. … The statement upon which the City relies is: “A clearly expressed desire of the donor that his property be devoted to another purpose, unless execution of the charitable use first named is feasible in the manner specified

McGlothlin v. McElvain

407 Ill. 142 · Illinois Supreme Court · Sep 21, 1950

This language clearly indicates that only children can take such share; and this view is fortified by the well-settled principle that a devise to a child is not construed to mean a grandchild unless a clear intention or necessary … There are a number of cases in which the rule is established that, where the first estate is liable to be defeated by a conditional limitation which violates the rule against perpetuities, and the limitation over is invalid

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

In re Robert S.

Illinois Supreme Court · Nov 18, 2004

Noting that the “witness ha[d] been qualified as an expert” in a previous case, the circuit court qualified Kane as an expert over respondent’s objection. … As the Court’s decision in Sell clearly indicates, differing criteria and analyses may apply to the decision to involuntarily medicate a pretrial detainee who has been found unfit to stand trial, depending upon the purpose

Harmon v. City of Peoria

373 Ill. 594 · Illinois Supreme Court · Apr 17, 1940

The record discloses that The Uplands is one of the two well-settled older residential sections of the city in which there are no stores or other business establishments. … Two qualified witnesses expressed the opinion that the value of the property in the vicinity of plaintiffs’ house would not be affected adversely if they rented the rooms on-the second floor together with the separate cooking

Peter v. Peter

343 Ill. 493 · Illinois Supreme Court · Apr 23, 1931

Peter, one of the appellants, as his only heirs-at-law; that on September 22, 1911, John Peter, Sr., was in the probate court of said county declared a drunkard and spendthrift, and a conservator was appointed for him, qualified … 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