Case law

Harris v. Douglas

64 Ill. 466 · Illinois Supreme Court · Sep 15, 1872

Rhodes, were appointed executors, but only the latter qualified, ajid on the 21st day of October, 1861, letters testamentary were issued to him by the probate court of Cook county, and thereupon he entered upon the duties … The principle deducible from the authorities in this country is, that where it clearly appears to have been the intention of the testator to charge his real estate, to the exclusion’ of the personal property, the words in

People v. Tilley

406 Ill. 398 · Illinois Supreme Court · Sep 21, 1950

The law with respect to dying declarations has been firmly established in this State. … Stanko, 402 Ill. 558 , the rule that a judgment will not be reversed where the evidence clearly establishes the defendant’s guilt does not justify the total disregard of the rights of a prisoner on trial for an alleged crime

People v. Rivera

221 Ill. 2d 481 · Illinois Supreme Court · Jun 29, 2006

establishing purposeful discrimination. … factual findings, and articulated legal bases for both the trial court’s finding of a prima facie case and its ultimate determination at the third stage of the Batson procedure, the trial court’s rulings may be virtually immune

People v. Whitlow

89 Ill. 2d 322 · Illinois Supreme Court · Feb 19, 1982

Other corporate ventures included the training of Bahamians for employment, the establishment of a scholarship search program and the development of lithographic blankets. … The State knew what the witness would say on direct examination, and the elicited testimony was clearly designed to inflame the jury.

The People Ex Rel. Castle v. Spivey

10 Ill. 2d 586 · Illinois Supreme Court · Mar 20, 1957

The prisoners in question did not qualify for discharge under this statute. … The habeas corpus proceedings under scrutiny clearly disclosed that the maximum terms of the original sentences of the respective prisoners had not expired.

The PEOPLE v. Hester

39 Ill. 2d 489 · Illinois Supreme Court · Mar 28, 1968

Since defendant was in grade 3-A at the time he was being tested, his reading and arithmetic test scores should have registered at 3.5 to qualify as normal. … The admissibility of confessions by minors of subnormal mentality has also been upheld when elicited from a 15-year-old whose IQ was established to be between 61 and 80 (Bean v.

Fitchburg Steam Engine Co. v. Potter

211 Ill. 138 · Illinois Supreme Court · Jun 23, 1904

It was clearly within the power of the chancellor to have made such order with reference to the suppression of the findings and conclusions set forth in the report of the master, and the recommendations for a decree therein … At the hands of counsel the phraseology of a finding of fact or a conclusion of law could plausibly give undue prominence to one fact, omit qualifying facts or minimize their proper effect, select authorities and suggest

Solon v. Midwest Medical Records Ass'n

236 Ill. 2d 433 · Illinois Supreme Court · Mar 18, 2010

To qualify for an interlocutory appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308), a certified question must present an issue of law that is reviewable de novo. Townsend v. … In this case, there is an abundance of legislative history, which clearly demonstrates the legislative intent.

People v. Armstrong

183 Ill. 2d 130 · Illinois Supreme Court · Mar 19, 1998

Prosecutors may respond to comments by the defense that clearly invite a response. Kitchen, 159 Ill. 2d at 39 . … Clearly the trial court was within its discretion in excluding such testimony.

People v. Smith

191 Ill. 2d 408 · Illinois Supreme Court · May 25, 2000

In my view, the evidence firmly establishes his commission of that offense as well. … In the case atbar, the police officer's testimony that he saw the defendant throwing the gun out of the window clearly established that the defendant was armed during the commission of the possession offense.

Winberry v. Hallihan

361 Ill. 121 · Illinois Supreme Court · Jun 14, 1935

Unless the legislature has adopted that which it is clearly prohibited from enacting, and unless the conflict with the constitution is plain and obvious, the law will not be declared to be unconstitutional. … to corporations the right to operate a dental office where only licensed dentists are employed, and fails to prohibit corporations operating medical institutes and clinics, drug stores, optical and similar professional establishments

People v. Johnson

450 Ill. Dec. 916 · Illinois Supreme Court · Apr 15, 2021

Second, the court held that defendant’s petition failed to allege sufficient facts to potentially establish standing under the Act. … See Webster’s Third New International Dictionary 1654 (1993) (“patently” means “CLEARLY, OBVIOUSLY, PLAINLY.”).

In re Marriage of Bates

Illinois Supreme Court · Oct 28, 2004

Statutes are presumed constitutional, and the party challenging the validity of a statute has the burden of clearly establishing that it is unconstitutional. In re Curtis B. , 203 Ill. 2d 53, 58 (2002). … The representative, like any other witness, is not immune from error in observation and from inadvertent bias.

Dertz v. Pasquina

59 Ill. 2d 68 · Illinois Supreme Court · Sep 27, 1974

The trial judge directed the verdict against defendant Pasquina on the theory that the evidence established that the accident was caused solely by her failure to negotiate the curve while traveling at too great a speed, and … If defendant Pasquina’s argument would control here, we would be in the impossible position of saying that city drivers are not qualified to drive in the country, and vice versa.

Condell Hosp. v. ILL. HEALTH FAC. PL. BD.

124 Ill. 2d 341 · Illinois Supreme Court · Sep 29, 1988

Thus, the plaintiffs in the Highland Park case are clearly not qualified to invoke Rule 318(a) because they are not an "appellee, respondent, or coparty" for the purposes of this appeal. … Had all parties chosen not to seek reconsideration, it clearly would have been a "final" order.

People v. Pitsonbarger

142 Ill. 2d 353 · Illinois Supreme Court · Apr 1, 1991

The improper removal of a qualified juror for his or her purported opposition to capital punishment is not harmless error. See Gray v. Mississippi (1987), 481 U.S. 648 , 95 L. Ed. 2d 622 , 107 S. … The murders were clearly cold-blooded and deliberate.

Kinsey Distilling Sales Co. v. FOREMOST LIQUORS STORES, INC.

15 Ill. 2d 182 · Illinois Supreme Court · Nov 26, 1958

Specifically, they maintain that the language of section 2 “actionable at the suit of any person damaged thereby,” clearly implies an action at law for damages. … The dealer executed the contract freely and voluntarily and secured for his own benefit the establishment of a fair trade program.

Razor v. Hyundai Motor America

222 Ill. 2d 75 · Illinois Supreme Court · Jun 29, 2006

The independent approach has not been immune to criticism, of course. … However, the Act itself does not directly establish any such disclosure requirements, nor do the parties raise any arguments regarding any requirements the FTC may have established. 2 We note that all of the law review articles

Tallman v. E.I. P.R.R. Co.

379 Ill. 441 · Illinois Supreme Court · Mar 17, 1942

The deed *Page 444 involved is in statutory form, concerning which a number of well-established rules of construction have been laid down by this court. … The principle is also clearly stated in Bauman v.

Central Illinois Public Service Co. v. Thompson

1 Ill. 2d 468 · Illinois Supreme Court · Nov 18, 1953

Appellee urges that the amendments apply only to rates, but no reason is advanced for the assertion and the context clearly refutes the claim. … The conclusion reached must, however, be qualified by the limitation that the excesses justified cannot exceed amounts which may be produced by the rate of tax authorized by the voters.