Case law

Craig v. Peterson

39 Ill. 2d 191 · Illinois Supreme Court · Jan 19, 1968

While the necessity of, and legislative authority to establish, reasonable rules assuring the honest and orderly conduct of elections is obvious, it is apparent from the above cases that statutory requirements which, absent … It is further apparent that in construing statutory provisions regulating elections the courts generally have tended to hold directory those requirements as to which the legislature has not clearly indicated a contrary intention

The People v. Tilton

357 Ill. 47 · Illinois Supreme Court · Jun 15, 1934

The same authorities establish the principle that an agreement to do an act made unlawful by statute may be a common law conspiracy. … They say, in effect, that under established rules of strict construction applicable to penal and criminal laws, a penalty is not incurred unless the act that subjects one to it is clearly within the letter and spirit of the

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

City of Chicago v. Universal Publishing & Distributing Corp.

34 Ill. 2d 250 · Illinois Supreme Court · Mar 24, 1966

” test established by American Civil Liberties Union v. … We there interpreted Jacobellis as immunizing any material which has any social importance. In the third, People v.

People ex rel. Alvarez v. Howard

2016 IL 120729 · Illinois Supreme Court · Apr 25, 2017

A writ of mandamus will be awarded only if the petitioner establishes a clear right to the relief requested, a clear duty of the public official to act, and clear authority in the public official to comply with … Here, the court’s order clearly contemplated further proceedings in the cause.

Repaskey v. Chicago Transit Authority

60 Ill. 2d 185 · Illinois Supreme Court · Mar 24, 1975

In the first of these cases, a majority of the court held that proof of notice by registered mail, established by return receipt, satisfied the requirement of a similar statute that notice be personally served. … When Brush counterclaimed for personal injuries his counterclaim was dismissed because he had not filed the six months’ notice required by the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

In re Welsh

17 Ill. 161 · Illinois Supreme Court · Dec 15, 1855

Most clearly not. They have all the characteristics of a justice of the peace. … Nor is the qualifying term police, which is prefixed to the word magistrate, objectionable in a constitutional point of view.

Jodelis v. Harris

118 Ill. 2d 482 · Illinois Supreme Court · Dec 21, 1987

Hopkins is applicable here, and under it, Amvets is clearly not liable in tort for purposes of the Contribution Act. In Doyle v. … The Dramshop Act does not merely provide dramshops with immunity or an affirmative defense to an intoxicated patron’s suit.

People Ex Rel. Toman v. 110 South Dearborn Street Building Corp.

372 Ill. 459 · Illinois Supreme Court · Dec 12, 1939

The proposition that taxing bodies should not establish a rate which would result in unnecessary accumulation of public funds is thoroughly established, (People v. … Wabash Railway Co. 368 Ill. 497 , lays down the well-established principle that courts will not interfere with the decision of taxing bodies on the question of the amount to be levied where it does not clearly appear that

Foutch v. Zempel

332 Ill. 192 · Illinois Supreme Court · Oct 25, 1928

years from the date of appointment, and on the first Monday of each year thereafter the land owners may elect one commissioner of said district who shall hold his office for three years and until his successor is chosen and qualified … In the establishment of other districts the public is directly interested, and every fact necessary to their establishment must appear on the record. Nothing can be supplied by intendment or agreement.

Cinkus v. Village of Stickney Municipal Officers Electoral Board

Illinois Supreme Court · Mar 20, 2008

Cinkus asked the Board to grant his motion to dismiss “for failure of the Objector [Esposito] to establish a prima facie case.” … Another dictionary sets forth both meanings more simply: “Fit and proper to be selected ***; legally qualified for an office.”

Durkin v. Hey

376 Ill. 292 · Illinois Supreme Court · Apr 10, 1941

This they clearly had the right to do. … It is the established rule of this court that a constitutional ques-ion will not be considered if the case can be decided without doing so. People v. Jarecki, 372 Ill. 208 ; People v. Adams, 351 id. 79.

Allegis Realty Investors v. John Lotus Novak

Illinois Supreme Court · Sep 21, 2006

Clearly it did. … The burden is on the party challenging the statute to clearly establish any constitutional invalidity.

Rudolf Express Co. v. Bibb

15 Ill. 2d 76 · Illinois Supreme Court · Sep 18, 1958

It provides that the Department “may” promulgate rules and regulations establishing specifications or designs for other types of splash guards. … The exemption provisions of the 1957 amendment are clearly separable from those provisions of the amendment which relate to the design of the required guard.

Ioerger v. HALVERSON CONST. CO., INC.

232 Ill. 2d 196 · Illinois Supreme Court · Dec 18, 2008

Pursuant to the agreement, Midwest was responsible for "the performance of all labor for the Joint Venture, including payroll, payroll taxes, fringes and other employee expenses, including, but not limited to, the establishment … The defendants, therefore, have not shown clearly that they are entitled to the protection of the Act's exclusive remedy provision.

Illinois & Wisconsin Railroad v. Von Horn

18 Ill. 257 · Illinois Supreme Court · Apr 15, 1857

We do not deem it important to enter upon an analysis of the testimony, as it seems to us clearly to justify the finding of the jury. … This could not be, upon the supposition that they intended to testify fairly, if there was an established value to the kind of property.

The PEOPLE v. Connolly

33 Ill. 2d 128 · Illinois Supreme Court · Sep 28, 1965

The act does not make juveniles immune from proper police investigation, nor does it render inadmissible voluntary statements to law enforcement officers. In People v. … However, the evidence clearly established that defendant was one member of a gang whose design was to rob the victim.

Fumarolo v. Chicago Board of Education

142 Ill. 2d 54 · Illinois Supreme Court · Nov 30, 1990

Here, the language of section 34 — 3.1 clearly requires a mandatory construction. … Here, the situation is clearly distinguishable from that found in Sailors or Eastern.

Goodman v. Ward

241 Ill. 2d 398 · Illinois Supreme Court · Mar 24, 2011

With the establishment and addition of subcircuits, disputes over residency-requirements for subcircuit vacancies are likely to arise in future cases. … of fact and law for which the standard of review is “clearly erroneous.”

Corgan v. Muehling

143 Ill. 2d 296 · Illinois Supreme Court · May 30, 1991

Clearly, when a primary response is coupled with a secondary one (which would include physical symptoms), damages can be established with a sense of objectivity. … The plaintiff was clearly within the class of persons the statute was designed to protect.