Case law

Lee v. Roberson

297 Ill. 321 · Illinois Supreme Court · Apr 21, 1921

The executor named in the will qualified. … This provision clearly shows that the testator contemplated that his son Nathaniel would survive him.

People v. Johnson

114 Ill. 2d 170 · Illinois Supreme Court · Oct 17, 1986

Finally, inasmuch as defendant concedes that Shoemaker’s testimony did not establish any criminal activity, we conclude that its probative value clearly outweighed the prejudicial effect, if any, that it may have had. … Clearly the test results were relevant in establishing, as more probable, the material fact that the bullets from the Hackett murder were from the same box as the cartridges found in defendant’s home.

Bennett v. Bennett

282 Ill. 266 · Illinois Supreme Court · Dec 19, 1917

The will was admitted to probate, and the executor named in the will qualified and proceeded to administer upon the estate. … It clearly appears, however, that she agreed she would not renounce the provisions of the will, and pursuant to such agreement the real estate was sold under the provisions of the will.

Village of Glencoe v. Hurford

317 Ill. 203 · Illinois Supreme Court · Apr 24, 1925

Where two statutes are enacted which have relation to the same subject, the earliest continues in force unless the two are clearly inconsistent with and repugnant to each other, or unless in the latest statute some express … Prior to the enactment of the law establishing a State highway system, in 1921, this court in Village of Brookfield v.

White Star Mining Co. v. Hultberg

220 Ill. 578 · Illinois Supreme Court · Apr 17, 1906

S. 505 , Chief Justice Fuller delivering the opinion said: “By section 2322 it is provided that when such qualified persons shall have made discovery of mineral lands and complied with the law they shall have the exclusive … The foregoing language is clearly applicable to the case at bar and we regard the reasoning unanswerable.

People v. Nieves

Illinois Supreme Court · Nov 16, 2000

Donoghue was qualified to render an opinion, stating, “No questions, Judge, he’s an expert.” Defendant has therefore waived this issue. Defendant also argues, however, that defense counsel’s failure to object to Dr. … Hudson , 157 Ill. 2d 401, 441 (1993) (the prosecutor may respond to comments by defense counsel that clearly invite a response).

People v. Brown

2020 IL 125203 · Illinois Supreme Court · Nov 19, 2020

In this case, in contrast, defendant never argued in the appellate court that he had established a bona fide doubt of his fitness. … Hanson explained: “The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.

The People v. Bolton

365 Ill. 39 · Illinois Supreme Court · Dec 10, 1936

A reversal of the judgment and sentence is here sought principally on the grounds that the evidence did not establish the defendant’s guilt beyond a reasonable doubt, and that the imposition of the death penalty clearly shows … In order to establish a motive the People introduced evidence of disputes between Bolton and his wife as far back as 1928.

In Re RLS

218 Ill. 2d 428 · Illinois Supreme Court · Feb 2, 2006

Section 11-7 clearly provides *34 that fit parents are entitled to custody. The second authority cited was Livingston . … We believe that the legislature clearly meant the former. Applying the latter definition would raise serious constitutional questions.

Richter v. Prairie Farms Dairy

2016 IL 119518 · Illinois Supreme Court · Jun 24, 2016

The party invoking res judicata carries the burden of establishing its applicability. Hernandez, 2012 IL 113054, ¶ 41; Chicago Historical Society v. … Hudson, 228 Ill. 2d at 473. ¶ 40 Rein and Hudson are clearly distinguishable from the instant case.

County of Kane v. Carlson

116 Ill. 2d 186 · Illinois Supreme Court · Feb 20, 1987

McClernand (1839), 3 Ill. (2 Scam.) 79, 83-84 , explained: “This is a declaration of a fundamental principle; and, although one of vital importance, it is to be understood in a limited and qualified sense. … For these reasons, then, we do not consider several other questions that the parties pose — -whether the Act violates principles of judicial immunity, and whether the Act is unconstitutional for permitting strikes by employees

Hall v. Pittenger

365 Ill. 135 · Illinois Supreme Court · Dec 10, 1936

refused to have anything to do with the arrangements for his father’s funeral and that he acted very peculiarly in connection therewith; also that, although named as one of the executors in his father’s will, he refused to qualify … established the fact, that Hall had personally dictated the various bills of sale made in Eebruary of 1933 whereby he liquidated the Hall Motor Company and transferred various properties to his daughter and sister.

Mydlach v. DaimlerChrysler Corp.

226 Ill. 2d 307 · Illinois Supreme Court · Sep 20, 2007

Clearly, the latter alternative is not available, as the court is dismissing Count II [the implied warranty count]. … Maloney Cadillac, Inc., 119 Ill. 2d 288, 295 (1988), plaintiff argues that, by virtue of defendant’s written warranty, privity is established and revocation should be permitted.

Woods v. Roberts

185 Ill. 489 · Illinois Supreme Court · Apr 17, 1900

While we have read and considered all of the evidence, only the principal points established by it can'be stated here. … Broughton, and thereafter resided with her on the Broughton farm and the complainants established themselves elsewhere.

People v. Cooper

132 Ill. 2d 347 · Illinois Supreme Court · Nov 22, 1989

Nowhere does the Act qualify this statement by saying “all violations except those for which the person is convicted and incarcerated.” … Clearly, the language of the Act requires a trial court to recommit a person who violates a condition, and the court has no discretion not to recommit.

Mahlstedt v. Ideal Lighting Co.

271 Ill. 154 · Illinois Supreme Court · Dec 22, 1915

Counsel for plaintiff in error argue that the trial court committed error in permitting certain persons to testify as experts who were not qualified. … From the evidence in the record we think the expert witnesses were qualified to testify as to the subjects about which they were interrogated.

People v. West

Illinois Supreme Court · Sep 23, 1999

Haywood , 82 Ill. 2d 540, 543-44 (1980)), which are generally immune from claims of ineffective assistance of counsel. People v. Guest , 166 Ill. 2d 381, 394 (1995). … Our review of the record reveals that the evidence presented at the hearing clearly established that defendant was 18 years old and had been convicted of two or more murders.

People v. Sebby

2017 IL 119445 · Illinois Supreme Court · Jan 30, 2018

There is, however, a well-established exception to that principle. … Clearly, no decision has ever held this. ¶ 124 The majority cites People v. Herron, 215 Ill. 2d 167 (2005), and People v.

Vine Street Clinic v. HealthLink, Inc.

222 Ill. 2d 276 · Illinois Supreme Court · Sep 21, 2006

App. 3d at 428 (although the contract did not structure the annual fee in literal terms of a percentage of the practice’s revenue per se, the fee clearly increased as the revenues increased). … As to plaintiffs’ claim that the flat fee is against public policy, we first note that the general purpose of the Medical Practice Act of 1987 is to protect the public health and welfare from those not qualified to practice

Tribune Co. v. Thompson

342 Ill. 503 · Illinois Supreme Court · Oct 25, 1930

that another ordinance was passed by the city submitting these five bond ordinances to a referendum vote, and at an election held November 4, 1919, these bond ordinances became effective by approval of a majority of the qualified … As we have stated, the evidence fails to establish these allegations.