Case law

Wilhelm v. Industrial Commission

399 Ill. 80 · Illinois Supreme Court · Jan 22, 1948

and liabilities in case of injuries to employees, we are of the opinion the legislature never- intended the act to be applied to injuries sustained by husbands while performing services for their wives, for which there clearly … Further, the burden is upon the applicant to establish by preponderance of evidence all the essential elements of his right to the compensation. (Nelson v. Industrial Com. 346 Ill. 82 ; Jolly v.

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.

In re Detention of Hardin

Illinois Supreme Court · Jun 24, 2010

Because the language chosen by our legislature has not clearly established its intent to impose the same high burden of proof present in a criminal trial at the probable cause stage of a SVP proceeding, this court will not … Quackenbush, who was qualified as an expert witness without objection. Dr.

The People v. Schneider

327 Ill. 270 · Illinois Supreme Court · Oct 22, 1927

It was further stipulated in the contract that each party to it would serve the interests of the organization to the best advantage in their various and most qualified capacities, and without expense or salaries, other than … We do not deem it necessary to set out any of the evidence offered by the defendant in his defense, for the reason that the evidence for the People clearly shows that the defendant is not guilty of the confidence game, as

Kujawinski v. Kujawinski

71 Ill. 2d 563 · Illinois Supreme Court · May 26, 1978

The explanatory note accompanying that section clearly establishes its limited function. It resolves that “marital property” is defined “only for the purposes of divison on dissolution of marriage or legal separation. … Plaintiff had no reasonable expectation, under the preexisting law, that his property was immune from transfer to his spouse upon termination of the marriage.

Jackson v. South Holland Dodge, Inc.

Illinois Supreme Court · Jul 26, 2001

The court stated that its decision should not be interpreted as a “blanket immunization of assignees, no matter their conduct.” 312 Ill. App. 3d at 168 . … Here, the $1,099 charge for the extended warranty was clearly disclosed in the contract.

People Ex Rel. McCollum v. Board of Education of School District No. 71

396 Ill. 14 · Illinois Supreme Court · Jan 22, 1947

Qualified instructors, all materials and books, as well as incidentals, were to be furnished at the expense of the council. … This court there held the statute clearly gave the board of directors the power in their discretion to grant the use of the school building or such part thereof as was not occupied by the school, for any meeting which the

Wilce v. VanAnden

248 Ill. 358 · Illinois Supreme Court · Feb 25, 1911

Lowden, who were named as executors and trustees under the will, duly qualified as executors. … The authorities fully establish that the subject matter of the supposed trust must be certain.” The will of Edwin P.

Northern Trust Co. v. Wheeler

345 Ill. 182 · Illinois Supreme Court · Jun 18, 1931

The class is determined by the words of the will “the descendants of a deceased brother,” as qualified by the words in regard to the manner of division, “the descendants óf a deceased brother in each case to take per capita … Lacy, 263 Mass. 1 , as clearly authorizing the construction of the will of Charles W. Wheeler for which they contend. Wyeth v.

Stewart v. Brady

300 Ill. 425 · Illinois Supreme Court · Dec 22, 1921

The clearly indicated purpose of the legislature was to protect the public from deceit and prevent fraud in the sale and disposition of stocks, bonds and other securities within the State. … and that it is discriminatory between stock exchanges, since only stocks listed on some one of the eight named exchanges are excluded from the act, while stock listed on other exchanges not named, in all respects as well qualified

In Re Estate of Longeway

133 Ill. 2d 33 · Illinois Supreme Court · Nov 13, 1989

Longeway does not qualify for withdrawal. … The majority did not rely on a theory of substituted judgment but rather on Gardner's own clearly enunciated personal judgment.

State Public Utilities Commission ex rel. Chicago Telephone Co. v. Postal Telegraph-Cable Co.

285 Ill. 411 · Illinois Supreme Court · Oct 21, 1918

different kinds of equipment, by different methods and with different relations to the public, is a fact, it seems to me, that is known to all men and requires no subtleties or refinements of argument as to the law for its establishment … What body of men is better qualified to pass for the State upon the question of fact as to whether the telephone and telegraph businesses are separate services that should be regulated in a way different from each other than

Heinrich v. Harrigan

288 Ill. 170 · Illinois Supreme Court · Apr 15, 1919

The evidence clearly and conclusively shows that the property belonged to Michael Harrigan at the time he died. … His will was executed after the same fashion, apparently as a further instrument to baffle the public authorities in establishing and collecting their demands against him and his estate.

Billings v. Warren

216 Ill. 281 · Illinois Supreme Court · Jun 23, 1905

In that state of the case the evidence is clearly sufficient to establish either an express or resulting trust in the land. … The discretion conferred upon the trustee to manage, etc., said trust estate, and to invest the same “as he may deem best,” is not in any way expressly limited or qualified.

Ultsch v. The Illinois Municipal Retirement Fund

Illinois Supreme Court · Aug 2, 2007

The Smida majority then concluded that the Board of Trustees qualifies for amendment for the following reasons. In the complaint, plaintiff named a government entity, IMRF, as a party. … Because the plaintiff failed to name the Board of Trustees as a defendant, her action clearly was subject to dismissal pursuant to section 3–107(a).

Velsicol Corp. v. Hyman

405 Ill. 352 · Illinois Supreme Court · Jan 18, 1950

He is especially well qualified in chemistry. After finishing school he was variously employed, but from May, 1928, to October, 1930, he served as a research chemist for the Pure Oil Company. … In that case the contract clearly was limited to improvements on shellers and powers and did not cover check rowers.

Wylie v. Bushnell

277 Ill. 484 · Illinois Supreme Court · Feb 21, 1917

his acts as trustee, neither does the decree of the trial court clearly make, or even attempt to make, such a distinction. … We do not agree with counsel for plaintiff in error that the burden necessarily rested upon defendants in error to establish, by a preponderance of the evidence, all the allegations of the cross-bill that plaintiff in error

People v. Larsen

74 Ill. 2d 348 · Illinois Supreme Court · Jan 26, 1979

A mental examination is not one of the possible submissions enumerated in Rule 413(a), and clearly it is not intended to be comprehended by “medical inspection of his body” as that term is used in the rule. … An examination by a qualified, court-appointed expert is not inherently suggestive, and it does not ordinarily pose a grave potential for substantial prejudice.

People v. MacK

105 Ill. 2d 103 · Illinois Supreme Court · Nov 30, 1984

Instead, the teachings of these cases clearly indicate that the entire death penalty process, as opposed to the different parts of the process (the decision to seek the death penalty as compared with the decision by the trier … The record there shows that 39 peremptory challenges were used in three trials by the State, 36 of which were directed against qualified black jurors.

The People v. Deatherage

401 Ill. 25 · Illinois Supreme Court · Sep 24, 1948

The mandate of section 18 of article II covers only those who are qualified voters in the particular election. … What he did was clearly within the language and the intent of the statute. No harm whatever resulted from his action, and we regard the point as being without basis.