Case law

James v. James

14 Ill. 2d 295 · Illinois Supreme Court · Jun 20, 1958

According to Raton, Accountants’ Handbook, 2d ed. 1943, “Where a reserve is established to cover a possible loss which has in no sense occurred, the amount of such reserve clearly remains a part of earned surplus and should … When cross-examined as to whether she had been fully advised as to her husband’s assets and the condition of his business affairs, appellant first sought to qualify her answers but desisted and answered in the affirmative

Barnhart v. Barnhart

415 Ill. 303 · Illinois Supreme Court · May 20, 1953

His mother qualified as administratrix of his estate and still maintains that capacity. … It is true that the action before us involved an accounting for the purpose of establishing plaintiffs’ rights in the trust property.

Dew-Becker v. Wu

449 Ill. Dec. 183 · Illinois Supreme Court · Apr 16, 2020

In this case, for example, plaintiff was clearly aware of defendant’s true identity. … Several recent, peer-reviewed studies have established that they are.

Wall v. Chicago Park District

378 Ill. 81 · Illinois Supreme Court · Sep 17, 1941

The 1895 plan shows the boulevard area in detail and, according to' qualified witnesses, indicates a fairly level fill of grass and trees between the boulevard and plaintiffs’ property. … On the contrary, the rule is well established that a municipal corporation, so far as the performance of its contracts is concerned, and unless its charter clearly provides to the contrary, must abide by its contractual obligations

Bayer v. Panduit Corp.

2016 IL 119553 · Illinois Supreme Court · Dec 2, 2016

If credit for future wage payments qualifies as “reimbursement” of compensation benefits for purposes of section 5(b), and Area Erectors has never disputed that it does, there is no principled basis for holding … That statute provides that in the “establishment or approval of attorney’s fees” by the Illinois Workers’ Compensation Commission and owed by an employee or an employee’s dependents for

People v. Tontorya C.

209 Ill. 2d 287 · Illinois Supreme Court · Mar 18, 2004

Clearly, then, as to D.C., E.A., and I.A., the period of November 1, 2000, through July 31, 2001, qualifies as a “9-month period after the end of the initial 9-month period following the adjudication.” … This concept is clearly shown by our decision in In re D.F., 201 Ill. 2d 476 (2002).

People v. Deleon

Illinois Supreme Court · Jan 25, 2008

As defined by Webster’s, “entitle” means “to qualify (one) for something.” Webster’s Third New International Dictionary 758 (1993). Similarly, Black’s defines “entitle” as “to *** qualify for.” … Clearly, defendant was “qualified for” an extended-term sentence, as he stood convicted of murdering a seven-year-old girl.

People v. Frieberg

147 Ill. 2d 326 · Illinois Supreme Court · Mar 12, 1992

In this case,' the qualifying language modifying both “purpose” and “intent” is significant. (See Ill. Ann. … The uncontradicted evidence established that defendant knew that the kilo was present in the bedroom of his apartment.

Poindexter v. State of Illinois

Illinois Supreme Court · Apr 3, 2008

The MCCA prevented an “institutionalized spouse” from qualifying for Medicaid by transferring his or her interest in assets to the “community spouse.” See H.R. Rep. … Since the MCCA clearly indicates that it is intended to apply to determinations of eligibility, the clause plaintiffs rely on, “no -9- income of the community,” is clearly only in relation

Richards v. BD. OF EDUC. OF TP. HIGH SCH. DIST.

21 Ill. 2d 104 · Illinois Supreme Court · Dec 1, 1960

Clearly, the fact that plaintiff possesses the training which entitles him to a life certificate is irrelevant to the prerogative of the defendant to pay him in accordance with his value to the school system. … Here, the definition of professional growth set forth in section 21-15, being a part of the Code and general in nature, forestalled the necessity of the legislature repeating itself in section 22-5 and establishes sufficient

Mohanty, M.D. St. John Heart Clinic

Illinois Supreme Court · Dec 21, 2006

As my colleagues indicate, the party seeking a preliminary injunction must establish that (1) a clearly ascertained right in need of protection exists, (2) irreparable harm will occur in the absence of an injunction, (3) … However, these agreements are not immune from state regulation.

Borowski v. Von Solbrig

60 Ill. 2d 418 · Illinois Supreme Court · Mar 24, 1975

The hospital records clearly show that when the plaintiff was put in his hospital room at 10:15 a.m. his leg was immobilized. He did not go to surgery until six hours later at 4:20 p.m. … It was an exploitation of the opportunity afforded by the hypothetical question to argue to the jury three additional times that the doctor was not qualified and that the jury should give no credence to his statement that

People v. Webster

234 N.E.3d 804 · Illinois Supreme Court · Nov 30, 2023

However, it clearly was. … However, our decisions have firmly established that the imposition of a sentence is a matter of judicial discretion and that, absent an abuse of this discretion, the sentence of the trial court may not

People Ex Rel. Klinger v. Howlett

56 Ill. 2d 1 · Illinois Supreme Court · Oct 1, 1973

The effect of the decisions of the Supreme Court of the United States under the Establishment Clause was recently thus described: “Taken together these decisions dictate that to pass muster under the Establishment Clause … the law in question, first, must reflect a clearly secular legislative purpose, e.g., Epperson v.

Manning v. Mercantile Securities Co.

242 Ill. 584 · Illinois Supreme Court · Dec 22, 1909

constitutional privilege is not, however, to be so far extended that it may be put forward for a sentimental reason or for a purely fanciful protection of the witness against an imaginary danger, and for the real purpose of securing immunity … S. 616 ,—all of which cases are clearly distinguishable from the case at bar.

People v. Lindsey

2020 IL 124289 · Illinois Supreme Court · Sep 28, 2020

the building and were “clearly not open to the general public.” … Moreover, the police used the evidence of the dog’s positive response to establish probable cause for a warrant to search the inside of the motel room.

The People v. Williams

38 Ill. 2d 115 · Illinois Supreme Court · Sep 29, 1967

guaranteed by section 10 of article II of the Illinois constitution, and as implemented by statute, specifically subsection (d) of section 104 — 2, of the Code of Criminal Procedure which provides: “(d) The court may appoint qualified … Clearly, this requirement is to the defendant’s advantage and not violative of any constitutional precepts. Jackson v. Denno, 378 U.S. 368, 390 , 12 L.

People v. Hickey

204 Ill. 2d 585 · Illinois Supreme Court · Sep 27, 2001

The new rules clarify the duty of prosecuting attorneys (amended Rule 3.8 of the Rules of Professional Conduct), establish mandatory programs to improve the knowledge and skill of trial judges who may be called upon to preside … These are objectives that were clearly not being met under the old law. Indeed, in many cases under the old law, there was no longer even a pretense of fairness or accuracy.

Carpetland U.S.A., Inc. v. Illinois Department of Employment Security

201 Ill. 2d 351 · Illinois Supreme Court · Jun 20, 2002

Lawson estimated that five years of training and experience are necessary to become a fully qualified installer. The products are constantly changing and he must keep up-to-date. … The sales agreement clearly states that installation must be arranged separately.

Torrence v. Shedd

112 Ill. 466 · Illinois Supreme Court · Sep 27, 1884

this interest, when so recovered or established, was to be divided between him and Sorin. … It is evident the expression, grammatically, refers to and qualifies the verbs, “has remised, ” has “released,” etc.,—that is, the grantor has remised, released, etc., the premises “in such manner as he may,”—or, in other