Case law

People v. Thurber

13 Ill. 554 · Illinois Supreme Court · Jun 15, 1852

This legislative intention and understanding are clearly manifested in all the legislation referring to the subject, since the adoption of the new Constitution. … and qualified, who would then take his place and succeed to all those functions and duties.

Fergus v. Russel

270 Ill. 304 · Illinois Supreme Court · Nov 6, 1915

Justice Duncan, dissenting: Section 23 of article 5 of our present constitution provides that “the officers named in this article shall receive for their services a salary to be established by law, which shall not be increased … It is well understood that a person who takes an office takes it cum onere, and is legally bound to perform the duties thereof for the salary or refuse to qualify, or resign in case he has qualified.

Sass v. Kramer

72 Ill. 2d 485 · Illinois Supreme Court · Oct 6, 1978

Although the suit is nominally against an officer of the State, John Kramer, *492 Secretary of Transportation, it clearly affects property of the State. … I cannot accept this premise in light of the evidence that established the State's abandonment of the *494 easement before plaintiff instituted the instant suit.

Wiltfang v. Dirksen

295 Ill. 362 · Illinois Supreme Court · Dec 21, 1920

It is the rule to construe a will so as to give an estate of inheritance to the first devisee unless limiting or qualifying clauses show a clear intention to limit or qualify the estate granted. (Bowen v. … It is an established rule, however, that when a will is made it will be presumed that the testator intended to dispose of all his property and leave no part of it as intestate estate, and a court will adopt any reasonable

Piper v. Connelly

108 Ill. 646 · Illinois Supreme Court · Jan 23, 1884

denote the intention to stop at the margin of the river, has been too long established, and too firmly adhered to by this court, to be now questioned. … This contract, after the description of the property, had these words added: “Together with all water privileges, rights and immunities of the said party of the first part therewith connected. ” This, in connection with the

Ransom v. Marrese

122 Ill. 2d 518 · Illinois Supreme Court · May 18, 1988

The Act establishes a procedure which must be followed in pursuing a malpractice claim against a health-care provider who qualifies as such under the Act. … If the language of the statute is clear and unambiguous, judicial interpretation is inappropriate and the courts will adopt the meaning the statute clearly expresses. (Town of Merrillville v.

Cline v. Jones

111 Ill. 563 · Illinois Supreme Court · May 19, 1884

Wash, 2 Gilm. 557 , it was said a delivery is essential to the validity of every deed, and that “anything which clearly manifests the intention of the grantor and the person to whom it is delivered, that the deed shall presently … And we think the authorities establish that an instrument may be good as a voluntary settlement though it be retained by the grantor in his possession until his death. (Souverbye v. Arden, 1 Johns. Ch. 240 ; Bunn v.

Gall v. Stoll

259 Ill. 174 · Illinois Supreme Court · Jun 18, 1913

the facts in connection therewith; that if the facts were clearly established complainants would be'without standing in court. … The widow never qualified nor derived any authority from the court to act as executrix and to administer her deceased husband’s estate.

People v. Arthur H.

212 Ill. 2d 441 · Illinois Supreme Court · Oct 28, 2004

Gloria testified that she spoke to Lorraine about Earl’s apnea monitor and whether his immunizations were current. … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. In re Edward T., 343 Ill. App. 3d 778, 794 (2003).

Roberts v. Board of Trustees of Community College District No. 508

2019 IL 123594 · Illinois Supreme Court · Dec 10, 2019

In count I, a claim for common-law retaliatory discharge, plaintiff alleges the Higher Education Act of 1965 (HEA) (20 U.S.C. § 1070 et seq. (2012)) establishes a clearly mandated public policy of enabling students … Therefore, in defendant’s view, plaintiff failed to cite a specific provision that clearly mandates his asserted public policy. ¶ 27 “Established principles of judicial review counsel against consideration of

Austin Liquor Mart, Inc. v. Department of Revenue

51 Ill. 2d 1 · Illinois Supreme Court · Jan 28, 1972

It is firmly established that where the public revenues are involved, public policy ordinarily forbids the application of estoppel to the State. Department of Revenue v. … While it is true that the State has no absolute immunity from the application of equitable principles, our opinion in Hickey reaffirms the general rule that the State cannot be estopped in the exercise of its power of taxation

People ex rel. Holdom v. Sweitzer

280 Ill. 436 · Illinois Supreme Court · Oct 23, 1917

Section 5 of the schedule provided that “at the first election fixed by the constitution for the election of judges, there shall be elected one circuit judge in each of the nine judicial circuits now established in this State … , as it was, before they could qualify, and certainly they could not thereafter qualify under a charter that had ceased to exist.

People Ex Rel. Jonas v. Schlaeger

381 Ill. 146 · Illinois Supreme Court · Nov 17, 1942

individuals, or officials, to arbitrarily determine that his term of office has terminated and to effectually oust him from the discharge of the duties of that office, without any semblance of a hearing, or lawful warrant, would establish … Clearly relator is entitled to the office to which he was lawfully appointed, until his successor is duly elected and qualified, unless and until he is ousted in an appropriate proceeding in quo warranto at the suit of the

Village of Oak Lawn v. Marcowitz

86 Ill. 2d 406 · Illinois Supreme Court · Oct 19, 1981

Normally, the burden is initially upon one challenging a municipal ordinance to establish its unconstitutionality. (Chicago v. … In short, the effect of the ordinance is a form of antiabortion discrimination clearly precluded by equal protection and privacy considerations.

Church v. State

164 Ill. 2d 153 · Illinois Supreme Court · Jan 19, 1995

Following a hearing, the circuit court entered an order finding that the Department’s decision to deny the plaintiff’s application was "clearly arbitrary and capricious and is hereby set aside.” … Viewing the instant Act in light of the two-part test established in Johnson, we conclude that the licensing scheme for private alarm contractors is unconstitutional.

Morel v. Coronet Insurance Co.

117 Ill. 2d 18 · Illinois Supreme Court · Jun 10, 1987

Statements of individual legislators made outside the context of legislative debates, however, are immune from the verbal interplay and the presentation of countervailing ideas inherent in the debate process. … In order to withhold from the insured’s pro rata share of the recovery, the insurer must be able to establish, therefore, that it paid its attorneys at least $90.89 in connection with the plaintiffs claim, under the fee agreement

People Ex Rel. Gill v. Lake Forest University

367 Ill. 103 · Illinois Supreme Court · Oct 15, 1937

It will thus be seen that if the scope of the exemption contained in appellant’s charter is such as to bring it clearly within the principles declared in the above holding by the United States Supreme Court, that fact will … It was there determined that the words “belonging to such corporation” brought all its property within the tax immunity provisions of its charter. In Chicago Home for Girls v.

Forsythe v. Clark USA Inc.

Illinois Supreme Court · Feb 16, 2007

Plaintiffs claim that those employees were not maintenance mechanics and were not trained or qualified to perform the work they were attempting. … Accordingly, to establish liability, plaintiffs must establish more than the fact that Paul Melnuk made policy decisions and supervised subsidiary activities. Bestfoods, 524 U.S. at 69, 141 L. Ed. 2d at 61, 118 S.

Snell v. City of Chicago

8 L.R.A. 858 · Illinois Supreme Court · May 14, 1890

It clearly appears from the statements in the bill that the original route of the road included the portion thereof that was sold to Snell, and that what he bought did not cover the whole extent of the original route. … Tolls can only be collected at the legally established gates, and the public are interested in the permanency of the location of the gates, and entitled to the right of paying tolls at the established gates, especially when

Krimmel v. Eielson

406 Ill. 202 · Illinois Supreme Court · May 18, 1950

It is urged that the House Bill has acted as a repeal of the provisions of the amended act which are repugnant to the amendatory act, and that the establishment of a maximum rate being the only new legislation enacted by … remain in force and to qualify or modify the new act in the same manner as it did the first, subject to the qualification that the two acts are not so inconsistent that both cannot stand and be given effect.