Case law

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.

Household Bank, FSB v. Lewis

229 Ill. 2d 173 · Illinois Supreme Court · May 22, 2008

Through section 2 — 1009 of the Code of Civil Procedure (735 ILCS 5/2 — 1009 (West 2004)), our legislature has now qualified this right in order to discourage vexatious suits, “but only by preventing an automatic voluntary … That is so because when Household moved to withdraw the motion to confirm and to vacate the judicial sale in this case, it clearly intended to forgo any future claim it might assert to have the property sold by the court

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.

Fisher v. Lexington Health Care, Inc.

Illinois Supreme Court · Dec 16, 1999

The Act also established certain responsibilities of nursing home facilities. 210 ILCS 45/2–201 through 2–212 (West 1996). … Being on this court does not confer immunity from age and enfeeblement. All of us may one day find ourselves confined to a nursing home under the care and control of hired caregivers.

Abrahamson v. Illinois Department of Professional Regulation

153 Ill. 2d 76 · Illinois Supreme Court · Nov 19, 1992

On March 9, 1988, the Board met again to establish its findings of fact. In its written recommendation, the Board found that Abrahamson was “not credible and unworthy of belief.” … The legislature clearly has the duty to require that medical license applicants possess good moral character.

Sharkey v. Sisson

310 Ill. 98 · Illinois Supreme Court · Oct 20, 1923

account of mental weakness, old age and the like, and a case where the evidence establishes the charge of a fiduciary relation existing between parties to a transaction. … He examined him on Monday before testifying for the purpose of qualifying as a witness, and said he had hardening of the arteries, and senile dementia as a result.

Baltis v. Village of Westchester

3 Ill. 2d 388 · Illinois Supreme Court · May 24, 1954

The general authority conferred on the defendants to establish disposal plants did not involve an express or implied authority to establish them, or any of them, in violation of zoning ordinances adopted pursuant to the same … This report cannot qualify as the plans and specifications contemplated by the General Assembly as being prepared for the purpose of making the improvements.

In re Marriage of Heroy

2017 IL 120205 · Illinois Supreme Court · Jan 26, 2018

To say that the court should not consider the statutory factors is clearly contrary to the plain language of the statute. … The record indicates that she investigated selling her business, that she made an inquiry with a hiring agency regarding librarian positions and was told that she was not qualified, and that she received training

In Re Estate of Breault

29 Ill. 2d 165 · Illinois Supreme Court · Sep 27, 1963

In considering this problem we may start with firmly established principles of law governing the operation of powers of appointment. … All authorities found, however, indicate that the intention of the donee to appoint to his own estate must be expressly stated or clearly implied, and we strongly concur in such view.

Secura Insurance Company v. Illinois Farmers Insurance Company

Illinois Supreme Court · Jan 23, 2009

It found the Farmers policy clearly and unambiguously excluded Muzikoski as an insured and also did not violate Illinois law or public policy. … If there is no proof of mailing on file, there is nothing in the record to establish the date the document was timely mailed to confer jurisdiction on the appellate court.

People v. Grever

222 Ill. 2d 321 · Illinois Supreme Court · Jun 2, 2006

According to the appellate court, the fact that the legislature did not qualify the word “indebtedness” in subparagraph (v) to indicate by whom or to whom the indebtedness is owed, as was done in subparagraphs (ii) and (iv … We have explained, however, that the reporting requirements are clearly different, as subparagraph (iv) refers to indebtedness actually paid during the reporting period, while subparagraph (v) refers to unpaid indebtedness

Theurer v. People ex rel. Deneen

211 Ill. 296 · Illinois Supreme Court · Oct 24, 1904

As a public resort the city has a peculiar interest in the surroundings of the park, and clearly should have the right to object to the locating of liquor saloons in the vicinity.” In Paterson Railroad Co. v. … property owner, in determining whether he would sign the application for a dram-shop license, acted not alone for himself, but for third persons and the general public, and that a minor, by reason of his nonage, was not qualified

Levings v. Wood

339 Ill. 11 · Illinois Supreme Court · Feb 21, 1930

It alleges that the testator died on August 22, 1925, that his will was admitted to probate in the county court of Edgar county on September 21, 1925, and that the executors named therein duly qualified as such. … Obviously the word-order and construction are not such as to clearly and forcefully create a substitutional gift to the heirs of Ona F. Buckler under the holdings of the above cases.

People ex rel. Harless v. Hatch

33 Ill. 9 · Illinois Supreme Court · Nov 15, 1863

The journals must show proceedings to establish a legislative session. … Why clearly that the session is at an end.

Gray v. Shinn

293 Ill. 573 · Illinois Supreme Court · Jun 16, 1920

While the primary rule in construing wills is to ascertain the intention of the testator from a consideration of the terms of the whole will, such intention will be enforced only when it is consistent with established rules … So1 it is clearly seen that in this State the rules of merger apply and are enforced in suits in chancery just the same as in suits at law. In fact, it is one of the maxims in equity that equity follows the law.

Jenne v. Jenne

271 Ill. 526 · Illinois Supreme Court · Feb 16, 1916

Accordingly, in their plain meaning and accepted legal definition they can not be used to qualify the amount of the bequest to any one of the beneficiaries named in clause 4, but are to be considered merely as establishing … By the tenth clause the residuum of the personal property is expressly devised “after deducting all gifts, donations, legacies, bequests and other expenses heretofore or hereafter named,” and is clearly subject to the specific

People v. Harris

206 Ill. 2d 293 · Illinois Supreme Court · Jun 20, 2002

In this case, the record clearly illustrates that defendant understood the nature and purpose of the proceedings. … He failed to investigate potential sources of mitigation clearly contained in the pretrial investigation report.

Dillon v. Evanston Hospital

199 Ill. 2d 483 · Illinois Supreme Court · May 23, 2002

“A court of review is entitled to have the issues clearly defined and to be cited pertinent authority. … If, however, the plaintiff establishes only a 49 percent chance of such a consequence, he may recover nothing for the risk to which he is presently exposed.

Caterpillar Tractor Co. v. Lenckos

84 Ill. 2d 102 · Illinois Supreme Court · Feb 20, 1981

The Director argues that the intervenors, in actuality, are seeking a declaratory judgment as to their rights under the Illinois Income Tax Act, which may not be granted unless they can establish a right to injunctive relief … A corporation could qualify for this deduction only in 1975 and thereafter. The tax returns involved in this case are for years prior to 1975, and therefore the plaintiffs did not qualify for the deduction.