Case law

Joseph Triner Corp. v. McNeil

363 Ill. 559 · Illinois Supreme Court · Jun 10, 1936

The statute clearly does not even tend to legalize trusts or monopolies. It does tend to prohibit trusts and monopolies. (Ingersoll & Bro. v. Hahne & Co. supra; Fisher Flouring Mills Co. v. … The Anti-Trust act was never intended to interfere with the protection given to the good will established around the use of a trade-mark, brand or name.

Fry v. Morrison

159 Ill. 244 · Illinois Supreme Court · Jan 17, 1896

, establishes the will without further proof. … In this case it was said (p. 308): “When the codicil is written on the same paper, or clearly refers to and identifies the will, no reason is perceived why the proof of the codicil should not establish the will.

Studt v. Sherman Health Systems

2011 IL 108182 · Illinois Supreme Court · Jun 16, 2011

Corp., 201 Ill. 2d 260, 274 (2002) (“reviewing court ordinarily will not reverse a trial court for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant”). … The record clearly shows, however, that professional negligence was not the only theory under which plaintiffs sought recovery from Sherman Hospital.

Rehfield v. Diocese of Joliet

450 Ill. Dec. 677 · Illinois Supreme Court · Feb 4, 2021

A court should not dismiss a complaint pursuant to this section unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. … Her action bears directly on the Diocese’s right to select its ministers, assuming plaintiff qualifies as a minister.

People Ex Rel. Carey v. Bentivenga

83 Ill. 2d 537 · Illinois Supreme Court · Jan 20, 1981

The State pointed out that the defendant was, therefore, not qualified to receive probation. … Courts will not interfere with such legislation unless the challenged penalty is clearly in excess of the very broad and general constitutional limitations applicable. People v.

Cleaves v. Herbert

61 Ill. 126 · Illinois Supreme Court · Sep 15, 1871

support of the averment of property in the plaintiff below, under the issue formed on the plea of property, It is said the plea of property imports an absolute right to the subject of the suit, while the mortgage shows only a qualified … The evidence seems to establish the fact that the wines which were taken were still in their original casks or packages, and it tends to show they had not been drawn from.

People ex rel. Hall v. Pearson

314 Ill. 392 · Illinois Supreme Court · Dec 16, 1924

All these things were clearly matters falling within the words of the title. … The provisions of section 24 were therefore a valid part of the act and effective to establish the beginning of the assessor’s term of office on the first day of January following his election.

Spaulding v. Illinois Community College Board

64 Ill. 2d 449 · Illinois Supreme Court · Sep 20, 1976

It did not confer the right to vote on some otherwise qualified voters and deny it to others. All qualified voters who resided in the territory annexed to an existing district had a right to vote at a referendum. … When considering the validity of legislative classification there exists the presumption that the legislature acted conscientiously, and we will not interfere with the judgment “except where the classification is clearly

In Re Armentrout

99 Ill. 2d 242 · Illinois Supreme Court · Dec 16, 1983

Respondent Weir was granted immunity from prosecution and testified before the grand jury. … Respondent Grodner also testified under an immunity grant, but he later waived immunity when faced with possible perjury charges.

Schulenburg v. Signatrol, Inc.

33 Ill. 2d 379 · Illinois Supreme Court · Sep 28, 1965

However, a reading of Sears and Compco clearly indicates that they are inapposite here. There, the defendants had copied the plaintiffs’ unpatentable products by legal means. … This clearly is not necessary to make plaintiffs whole as it is conceded by them that their products may legally be copied by competitors.

Pullen v. Mulligan

138 Ill. 2d 21 · Illinois Supreme Court · Sep 21, 1990

In Boland and Thornton, the evidence established that voters improperly went to the wrong polling place to cast their ballots. … If the voter is challenged and is not personally known to the election judges to be qualified to vote, he may not receive a primary ballot until he completes an affidavit stating that he is qualified to vote.

People v. Jordan

103 Ill. 2d 192 · Illinois Supreme Court · Sep 20, 1984

He argues that the State failed to establish that its experts were qualified to render such an opinion and that the theory they relied upon had gained general acceptance in the dental community. … The burden of establishing the qualifications of an expert witness is on the proponent of his testimony, and it is within the discretion of the trial court to determine whether the witness has been qualified. ( 72 Ill. 2d

The People v. Walsh

322 Ill. 195 · Illinois Supreme Court · Jun 16, 1926

There is some question as to whether this payment was made by cash or by check, but it is clearly established that it was paid between July 14, 1920, and September 10, 1920. … An examination of the facts set forth clearly establishes the guilt of the plaintiffs in error Shields and Kane under the second and the third counts of the indictment and also under the ninth and tenth counts of the indictment

McNeill v. City of Chicago

212 Ill. 481 · Illinois Supreme Court · Oct 24, 1904

, and was re-appointed biennially thereafter to the same office, and that in each instance he qualified and took upon himself the duties of the office. … this case went to trial, and in such case, although the petition might be in some substantial respects deficient, yet if it were answered as in the case at bar, and the allegations of the petition admitted and the proof clearly

Board of Trustees v. Cook County College Teachers Union, Local 1600

74 Ill. 2d 412 · Illinois Supreme Court · Jan 26, 1979

be made in a manner that would equalize the extra-work opportunities for all qualified teachers. … Defendant, on the other hand, argues that the agreement clearly refers to “extra pay” in the computation of rotation points.

People v. Masterson

207 Ill. 2d 305 · Illinois Supreme Court · Oct 2, 2003

We note that statutes are presumed constitutional, and the party challenging the validity of a statute has the burden of clearly establishing that it is unconstitutional. In re Curtis B., 203 Ill. 2d 53, 58 (2002). … Clearly, the justices of the Crane majority did not believe their decision called into question the continued viability of Hendricks.

Bullis v. City of Chicago

235 Ill. 472 · Illinois Supreme Court · Jun 18, 1908

the payment of a salary to the person acting as an officer, and clearly it could not be. … The word “prescribed,” as there used, is equivalent to “established.”

Scofield v. Board of Education

411 Ill. 11 · Illinois Supreme Court · Jan 23, 1952

The defendants argue that when all of the provisions of article 5A are read together, in conjunction with certain provisions of the Election Code, the legislative intent and plan is clearly discernible as to qualifying age … A strong presumption exists in favor of the validity of enactments of the legislature, but where an act of the General Assembly or section thereof has no generally accepted body of precedents, no established set of standards

Koeffler v. Koeffler

185 Ill. 261 · Illinois Supreme Court · Apr 17, 1900

Steiner, except in so far as the same is qualified by the words of the proviso, and we think the words of the proviso do qualify the estate granted and reduce it below that of a fee simple estate; but this reduction below … property as full and as complete as if he had granted the same to her in fee simple absolute, without condition, limitation, restriction or qualification, and also had given her the power of disposition by will, and it was clearly

People v. Howell

60 Ill. 2d 117 · Illinois Supreme Court · Jan 30, 1975

“The second paragraph of section 7 does not provide a grant of immunity from prosecution as a sanction for its violation. … They had an opportunity to clearly view him in the tavern. He was identified from pictures, and he was identified in a lineup. The defendant does not contend that he was not in the tavern.