Case law

Chicago & Western Indiana Railroad v. Dunbar

100 Ill. 110 · Illinois Supreme Court · Sep 4, 1880

Chief Justice Dickey delivered the opinion of the Court The decree in this case is clearly erroneous. … And again, in speaking of the freedom with which the railroad company may act in selecting and locating its route, the same is qualified by the words, “until some provision limiting the same is made by the city council.”

Beggs v. The Board of Education of Murphysboro Community Unit School District No. 186

2016 IL 120236 · Illinois Supreme Court · Apr 25, 2017

This explains the requirements in the statute designed to ensure that hearing officers are disinterested and highly qualified. … established facts to the applicable legal standard for discharge.

Crawford v. Burke

201 Ill. 581 · Illinois Supreme Court · Feb 18, 1903

The defendants were not acting as officers, and it is conceded that they were not acting in any fiduciary capacity within the meaning' of the statute, but appellants insist that the phrase “while acting,” etc., qualifies … Had Congress intended tb make so important a change in the law in the respect mentioned as appellants contend was made by the act of 1898, we would expect to find in the statute language clearly evincing such intention.

Young Men's Christian Ass'n Gymnasium Co. v. Rockford National Bank

46 L.R.A. 753 · Illinois Supreme Court · Apr 18, 1899

It does not interfere with the well established principle that where the true owner holds out another or allows him to appear as the owner of or as having full power of disposition over the property, and innocent third parties … But if this were not so, we are clearly of the opinion that the claim of the appellee bank that it took these notes without becoming chargeable with notice of the fights of the complainants below is abundantly sustained by

Brown v. Pitney

39 Ill. 468 · Illinois Supreme Court · Jan 15, 1866

The executors named in the will qualified as such, and on the 4th of March, 1865, the widow, Margaret Pitney, filed her petition in the Circuit Court of Cook county, against them, claiming the benefit of the provisions of … The doctrine of election, as between inconsistent rights, has been long established.

In Re Gerard

132 Ill. 2d 507 · Illinois Supreme Court · Dec 21, 1989

(See In re Yamaguchi (1987), 118 Ill. 2d 417, 425 (supreme court will consider clearly established facts as to which Hearing Board did not make express findings).) … The evidence clearly established that he had collected an excessive fee. But, in contrast to the present case, the Hearing Board had recommended merely a private reprimand, and the Review Board had recommended censure.

State ex rel. Leibowitz v. Family Vision Care, LLC

2020 IL 124754 · Illinois Supreme Court · Nov 19, 2020

¶ 29 A plaintiff need not allege facts establishing standing. Wexler v. Wirtz Corp., 211 Ill. 2d 18, 22 (2004). Rather, the defendant bears the burden to plead and prove lack of standing. … court, (2) unlike the Act, the false-marking statute in Stauffer did not address criminal conduct, and (3) Congress has since repealed the qui tam provision of the false-marking statute, rendering the decision immune

People v. McKown

Illinois Supreme Court · Feb 19, 2010

There is also general otherwise qualified expert may testify regarding those principles. … We have established a clear framework for the exercise of such discretion.

People v. Carlson

79 Ill. 2d 564 · Illinois Supreme Court · Apr 18, 1980

In order to establish incompetency of appointed counsel, the defendant is required to establish actual incompetence of counsel, as reflected by the manner of carrying out his duties as a trial attorney which results in substantial … The court stated that the evidence clearly showed that defendant was not attempting to commit suicide.

People ex rel. Illinois Department of Corrections v. Hawkins

952 N.E.2d 624 · Illinois Supreme Court · Jun 16, 2011

By creating a class of “assets” which “ought to be subjected to the claim of the Department under this Section,” section 3–7–6(e)(3) clearly indicates that some assets ought not be subjected to the claim of … Director of Corrections could not reasonably have believed that savings accumulated by an inmate from prison earnings which had already been subject to the offset provision of section 3–12–5 of the Code qualified

People v. Holman

132 Ill. 2d 128 · Illinois Supreme Court · Oct 25, 1989

Now you understand that part of the instructions that you’ll be given in the first part of the first portion are going to be that there are certain types of murders which qualify for the death penalty. … That not all murders qualify for the possible imposition of the death penalty. A. No, not really. Q. Okay. Does that make a difference in how you view convictions for murder, number one? A. Yeah, that part, yes. Q.

Scott v. Scott

307 Ill. 586 · Illinois Supreme Court · Apr 18, 1923

We think the decree clearly shows Wemple was a party to the suit in his representative capacity. It abundantly appears the decree was not a consent decree. … Prima facie proof is sufficient to establish the existence of a fact alleged for all purposes unless contradicted by other evidence. (Jones on Evidence, sec. 7; 17 Cyc. 734.)

Stubblefield v. Peoples Bank of Bloomington

406 Ill. 374 · Illinois Supreme Court · May 18, 1950

But even if it were strictly a “profit” corporation, we are not prepared to say this gift would not qualify as a charitable trust. … On the contrary, they are clearly separable and subject to separation which would require the sustaining of the will as to the religious purposes, the building of the chapel, the educational tuition funds, the endowment of

People v. Casler

450 Ill. Dec. 415 · Illinois Supreme Court · Oct 28, 2020

” ¶ 64 The aforementioned colloquy clearly shows that (1) defense counsel attempted to elicit testimony that defendant’s furnishing the false name did not materially impede the administration of justice … We were told that Comage and Baskerville firmly established the law.

Sutton v. Board of Education

306 Ill. 507 · Illinois Supreme Court · Feb 21, 1923

It is conceded boards of school directors and boards of education are given power by the act to establish and maintain a system of free schools, (Hurd’s Stat. chap. 122,) to establish rules and regulations for the government … Wheaton College, 40 Ill. 186 , where the trustees had adopted a rule forbidding students to become members of secret societies and wherein it was held the rule was clearly within the powers of the college authorities.

Burger v. Lutheran General Hospital

198 Ill. 2d 21 · Illinois Supreme Court · Oct 18, 2001

Statutes are presumed to be constitutional, and the party challenging the validity of the statute has the burden to clearly establish constitutional invalidity. Arangold Corp. v. … Plaintiff has failed to satisfy her burden to clearly establish that the challenged provisions of the Act unreasonably violate a hospital patient’s privacy.

Brandt v. Phipps

398 Ill. 296 · Illinois Supreme Court · Nov 20, 1947

As to the medical testimony, while all five psychiatrists fully qualified as expert witnesses, their testimony is inconclusive. … The power to sell came' into existence in October, 1931, when Henry Brandt qualified as executor.

People Ex Rel. Judges Retirement System v. Wright

379 Ill. 328 · Illinois Supreme Court · Mar 19, 1942

Whether a judge otherwise qualified becomes entitled to the benefits of the statute depends upon his own volition. He may elect not to be a participant by filing with the relator a written notice to that effect. … Board of Trustees of Teachers’ Pension Fund, 365 Ill. 610 , wherein it is held that a law establishing a teachers’ retirement fund, made up in part of voluntary contributions by the teachers and in part from State funds,

Bland v. Norfolk & Western Railway Co.

116 Ill. 2d 217 · Illinois Supreme Court · Feb 20, 1987

The defendant was a corporation organized under the laws of Pennsylvania and qualified to do business in both Virginia and New York. … What has occurred in so many cases demonstrates the error in our original departure .from the sound and long-established rules first ignored in Horn v. Rincker (1981), 84 Ill. 2d 139 .

Midstate Siding and Window Co. v. Rogers

204 Ill. 2d 314 · Illinois Supreme Court · Apr 24, 2003

Plaintiff qualifies as a Credit Services Organization i.e., that Plaintiff represented to Defendant that it would assist or obtain for her an extension of credit. … Credit Services Act In determining whether the Credit Services Act applies to the transaction at issue, we are guided by established principles.