Case law

Douglas v. Union Mutual Life Ins.

127 Ill. 101 · Illinois Supreme Court · Jan 25, 1889

But this has no tendency to prove that language in a deed is not to be construed according to its well established meaning, or that a prior written agreement, not referred to in that deed or in any written instrument made … contemporaneous with or subsequent to its execution, is to be held as qualifying and changing the title it conveys.

City of Chicago v. Rumpff

45 Ill. 90 · Illinois Supreme Court · Sep 15, 1867

To entitle the party to the recovery of a penalty, he must show that the defendant is clearly within the provisions of the law. … We do not see that this provision, even if it was clearly an ordinance, would embrace these appellees. We can not say that they, by what they did, violated this provision.

Shelton v. the City of Chicago

42 Ill. 2d 468 · Illinois Supreme Court · May 28, 1969

To establish this contention they rely upon section 4 of the Statutory Construction Act, which provides : “No new law shall be construed to repeal a former law, whether such former law is expressly repealed or not, as to … The remedy sought to be asserted is clearly, in the language of our earlier decisions, a special statutory remedy.

People v. Olinger

176 Ill. 2d 326 · Illinois Supreme Court · Apr 17, 1997

Stalder would receive absolute immunity on the Illinois burglary from Mr. Spencer, Mr. … Therefore, the statement does not qualify to be admitted as substantive evidence under this exception to the hearsay rule.

City of Shelbyville v. Shelbyville Restorium, Inc.

96 Ill. 2d 457 · Illinois Supreme Court · Jun 17, 1983

Long delays by the government in instituting suit, of course, cause harm to the defendant and are in the interest of no one; however, we are unwilling to change a well-established rule of law so as to leave citizens who have … I believe that, in abolishing local government's immunity from suit, the framers of the 1970 Constitution clearly *468 intended that the sovereign and citizens be on equal footing.

People v. King

2020 IL 123926 · Illinois Supreme Court · Feb 5, 2021

Safarik testified that he also conducts “equivocal death evaluations” in cases where the “manner of death is not well established.” … We hold that the State did. ¶ 52 The applicable law is well established.

Bradford Supply Co. v. Industrial Commission

50 Ill. 2d 190 · Illinois Supreme Court · Nov 24, 1971

The claimant, Helm, was given an award for complete disability, which, under a provision of the Workmen’s Compensation Act, qualified him for a pension for life in an annual sum of $2,850. … There was definite immunization to pin prick in his left side, the physician related, and he had difficulty in recognizing objects placed in the left hand.

People v. Michelle J.

209 Ill. 2d 428 · Illinois Supreme Court · Apr 1, 2004

It provides: “No respondent may be found subject to involuntary admission unless that finding has been established by clear and convincing evidence.” … The expert witnesses called by the State were not qualified to testify under section 3 — 807.

Kohtz v. Eldred

208 Ill. 60 · Illinois Supreme Court · Feb 17, 1904

Jarman to be an established rule that where a bequest is simply to one person and in case of his death to another, the primary devisee surviving the testator takes absolutely. … clauses in the will disclose, clearly and unequivocally, that it was the intention of the testator to limit or qualify the estate granted.”

Eden Retirement Center, Inc. v. Department of Revenue

213 Ill. 2d 273 · Illinois Supreme Court · Dec 2, 2004

It is the established policy of the corporation to continue to maintain such persons as residents. … This section is clearly nothing more than a rephrasing of a similar provision in the 1870 Illinois Constitution.

Adams v. Northern Illinois Gas Co.

211 Ill. 2d 32 · Illinois Supreme Court · Apr 1, 2004

Instead, call a qualified service agency of NI-Gas to make the inspection.” … Sarelas clearly leaves open the existence of common law duties had the plaintiff been able to plead them.

North v. Board of Trustees of the University

137 Ill. 296 · Illinois Supreme Court · Mar 30, 1891

Moreover, the act of the legislature establishing the institution- clearly confers upon them such power. It follows, that in enacting such rules they exercise an official discretion, (McCormick v. … We are clearly of opinion that the rule is not unlawful.

Paszkowski v. Metropolitan Water Reclamation District of Greater Chicago

Illinois Supreme Court · Nov 18, 2004

Act (Tort Immunity Act) (745 ILCS 10/8–101 (West 1998)). … This term clearly includes defendant.

Beaman v. Freesmeyer

2019 IL 122654 · Illinois Supreme Court · Oct 9, 2019

malicious prosecution, civil conspiracy, and intentional infliction of emotional distress against the Town of Normal. ¶ 15 The district court dismissed claims against Souk and Reynard based on absolute or qualified … immunity.

The PEOPLE v. Perroni

14 Ill. 2d 581 · Illinois Supreme Court · Sep 18, 1958

While the prints obtained as a result of this process clearly show the peculiar marks left by the tool, yet only an expert would be qualified to compare them with the burr on the crowbar. … The evidence established that Evans was well qualified by training and experience to make the comparison.

Provena Covenant Medical Center v. Department of Revenue

Illinois Supreme Court · Mar 18, 2010

The deficit claimed by Provena may therefore result primarily from the reduced rates insurers are allowed to pay, something which clearly would not qualify as charitable in nature. … In this case, the record clearly established that the primary purpose for which the PCMC property was used was providing medical care to patients for a fee.

In Re McGarry

380 Ill. 359 · Illinois Supreme Court · Sep 25, 1942

The action of a municipal judge in admitting a person to bail is clearly a judicial act. (Solomon v. People, 15 Ill. 291 , 79 Am. Dec. 473 .) … We do not think this is established. Brin refused to testify and Gendon is mainly relied upon to establish the alleged misconduct. He was a witness in the conspiracy indictment against Brin and respondent.

In Re Johnson

133 Ill. 2d 516 · Illinois Supreme Court · Dec 21, 1989

Such conduct clearly falls within the prohibition contained in Rule 1 — 102(a)(4). … Such conduct clearly falls within the prohibition of this court’s Rule 771.

Hall v. Archer-Daniels-Midland Co.

122 Ill. 2d 448 · Illinois Supreme Court · May 18, 1988

Such a requirement is clearly inconsistent with this court’s previous interpretations of the Contribution Act. … The court noted that an employer’s statutory immunity from an employee’s tort action is an affirmative defense and may be waived by the employer.

People v. Martin

4 Ill. 2d 105 · Illinois Supreme Court · Sep 23, 1954

We hold, therefore, that a husband and wife who enter into a criminal conspiracy are not immunized from prosecution by surviving radiations from the common-law fiction of unity of husband and wife. … Under the circumstances of this case, where that part of the evidence to which no objection was made so clearly establishes the guilt of the defendant, alleged errors in the admission of testimony relating to prior sales