Case law

FOLLETT'S BOOK & SUPPLY STORE v. Isaacs

27 Ill. 2d 600 · Illinois Supreme Court · Mar 25, 1963

An actual controversy exists and the plaintiffs allege sufficient facts to establish their interest in the controversy, thus coming within the requirements of the Declaratory Judgments Act. Ill. Rev. … Also at note 2, p. 451, "When the term `and' is used, it is presumed to be used in the conjunctive *608 sense, unless the legislative intent is clearly contrary."

Thomas v. Thomas

361 Ill. 376 · Illinois Supreme Court · Oct 14, 1935

Fischer, supra, that the marital relation affords no immunity from the consequences of fraud practiced by either party upon the other. … Although citations might be multiplied and quotations extended, we consider the chancellor’s ruling on this branch of the case so clearly within the foregoing principles as to require no further discussion.

People v. James E.

207 Ill. 2d 105 · Illinois Supreme Court · May 22, 2003

The second petition was accompanied by a certificate from a qualified mental health examiner, as required by section 3 — 602 of the Code (405 ILCS 5/3 — 602 (West 2000)), in which the examiner indicated that he had examined … In some cases, where the patient is completely noncommunicative or has suffered a physical disability, the deterioration of the patient’s condition clearly prevents making a written request for discharge.

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(2) unlike the Act, the false-marking statute in Stauffer did not address criminal conduct, and (3) Congress has since repealed the qui tam provision of the false-marking statute, rendering the decision immune

Harte v. Lehnhausen

60 Ill. 2d 542 · Illinois Supreme Court · May 19, 1975

Accordingly, it is apparent that as a county’s equalized assessed valuation becomes larger, the minimum amount which must be levied for educational purposes in order to qualify for State assistance must also increase, with … The testimony indicated that the Department calculated multipliers for each county by use of a formula the nature of which is not clearly shown by the record.

City of Mattoon v. Faller

217 Ill. 273 · Illinois Supreme Court · Oct 24, 1905

, 141 Ill. 614 , an instruction was objected to as assuming that the appellant was guilty of negligence, and we there said (p. 625): “The instruction does jnot assume that the appellant was guilty of negligence, for the qualifying … The instructions, which the court gave for the appellant, were favorable to it, and presented to the jury clearly and forcibly appellant’s view of the case.

Williams v. Illinois State Scholarship Commission

139 Ill. 2d 24 · Illinois Supreme Court · Oct 18, 1990

The Federal regional office then determines whether the applicant qualifies for grant money (i.e., money that does not require repayment) or whether the applicant qualifies for a GSL. … The language of section 30 — 15.12 clearly precludes any alternative venue in ISSC collection actions.

Roche v. Roche

286 Ill. 336 · Illinois Supreme Court · Dec 18, 1918

The will named the testator’s sons John and Thomas as executors, and they qualified as such executors and after the will contest was disposed of closed the estate and were discharged. … Counsel in their bill and in their briefs argue that this deed could be held to establish a resulting or constructive trust. Counsel apparently do not distinguish clearly between resulting and constructive trusts.

Tims v. Black Horse Carriers, Inc.

466 Ill. Dec. 12 · Illinois Supreme Court · Feb 2, 2023

This requires us to employ established principles of statutory construction. … Our appellate court held that “[a] suit under the [Wage] Act qualifies as an action ‘not otherwise provided for’ because the [Wage] Act is silent regarding a limitations period.” Id. at 565.

Stephens v. Collison

313 Ill. 365 · Illinois Supreme Court · Oct 28, 1924

The executors named in the will qualified as such and undertook the administration of the estate. … Besides, his testimony in regard to improvements was objected to by appellants on the ground that he was an incompetent witness, and he was clearly incompetent to testify as to these matters.

Mettler v. Warner

243 Ill. 600 · Illinois Supreme Court · Feb 16, 1910

After the will was probated the letters testamentary would relate back to the date of the testator’s death and validate acts done by the executor in the line of his duty before he qualified. 3 Redfield on Wills, *23; Richards … Remainders will only be held to be contingent where the intention to create such interest is clearly manifested by the words of the instru,ment. (Grimmer v. Friederich, 164 Ill. 245 .)

Heastie v. Roberts

226 Ill. 2d 515 · Illinois Supreme Court · Nov 1, 2007

precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed. … Our decision in Sullivan did not establish a new principle of law.

United States Borax & Chemical Corp. v. Carpentier

14 Ill. 2d 111 · Illinois Supreme Court · May 21, 1958

It first qualified to do business in the State under the name and style of The Pacific Coast Borax Company, and was and remains, on the records of the Secretary of State of Illinois, in good standing. … This court there said that the legislature had a right to establish a standard for ascertaining the amount of the proportion of authorized capital stock represented by property and business in this State, and to establish

People v. Fields

980 N.E.2d 35 · Illinois Supreme Court · Sep 20, 2012

Illinois supreme court case law has clearly and -5-  consistently held that, in cases where defense counsel has represented a State’s witness, a per se conflict … Accordingly, the appellate court addressed whether C.S. could be characterized as an entity, or whether this court intended that only a municipality, organization or company could qualify as an entity. ¶ 28

Texaco-Cities Service Pipeline Co. v. McGaw

182 Ill. 2d 262 · Illinois Supreme Court · Apr 16, 1998

An entity claiming that its income is nonbusiness income bears the burden of clearly proving this fact. See generally Canteen Corp. v. … Rather, the Department contends that the gain qualifies as business income under the "functional test" derived from the second clause of section 1501(a)(1).

Quake Construction, Inc. v. American Airlines, Inc.

141 Ill. 2d 281 · Illinois Supreme Court · Dec 3, 1990

JUSTICE STAMOS, specially concurring: Because dismissal is unwarranted unless clearly no set of facts can be proved under the pleadings that will entitle a plaintiff to recover, I agree with the majority that the circuit … A telling point is that the majority’s sympathy for reading the letter as establishing a construction contract fails to take account of this nonmutuality question.

People Ex Rel. Scott v. Briceland

65 Ill. 2d 485 · Illinois Supreme Court · Dec 3, 1976

The debates clearly demonstrated that this practice would not be affected by section 15. … It is well established that a public officer is immune from individual liability for the performance of discretionary duties undertaken in good faith. (People ex rel. Munson v.

McNamee v. Federated Equipment and Supply Co.

Illinois Supreme Court · Feb 20, 1998

This interpretation essentially nullifies that section's plain language, which establishes limits on the City's liability. … The plain language of section 5(a) of the Workers' Compensation Act clearly includes the purpose and meaning of section 11.

People v. Lewis

165 Ill. 2d 305 · Illinois Supreme Court · Jan 19, 1995

However, the court asked only one juror a "life-qualifying” question. That juror was ultimately excused for cause by the State. … The basis for defendant’s trial objection to the statement now at issue was clearly that it lacked trustworthiness because Keith was unable to provide the date on which the statement was made.

People v. Phillips

215 Ill. 2d 554 · Illinois Supreme Court · Jun 3, 2005

Clearly, precedent may be instructive even when it is not dispositive. Subject to that caveat, we agree with defendant’s argument. … Defendant also argues his admission to police that he exchanged pornography on the Internet was insufficiently corroborated to establish the corpus delicti of the crime of possession with intent to disseminate.