Case law

Spencer v. McMasters

16 Ill. 405 · Illinois Supreme Court · Jun 15, 1855

It assumes that, to falsely utter and publish of and concerning a woman, words which clearly and unequivocally impute to her adultery, is not actionable per se. … It is enough that they were married at the time of bringing the suit, and the evidence establishes that fact. 1 Chitty’s Pl. 83. The motion for a new trial was properly overruled.

The People v. McCracken

30 Ill. 2d 425 · Illinois Supreme Court · Mar 18, 1964

However, neither the constitution of the United States nor that of the Sate of Illinois forbids all searches and seizures, but the prohibition is only against unreasonable searches and does not extend to immunity from search … as laid in order to safeguard the accused against double jeopardy. • Although the rule stated in Mosby applies in every burglary case, our action there in reversing and remanding does not control here, because Mosby is clearly

In Re Application for Judgment & Sale of Delinquent Properties

167 Ill. 2d 161 · Illinois Supreme Court · Sep 21, 1995

Furthermore, all statutes are presumed to be constitutional and the challenging party bears the burden of clearly establishing the statute’s unconstitutionality. Rehg v. … While, clearly, the term establishes some manner of relationship between levying and the agreement of the county clerk, the relationship is better considered by examining context.

Noble v. Fickes

230 Ill. 594 · Illinois Supreme Court · Oct 23, 1907

But the evidence shows the deed was not intended to be absolute but to be qualified in its effect,—that it was not intended to convey the grantor’s whole interest, but that he meant to have a life estate unless the grantee … This case is clearly distinguishable from Cline v.

Scofield v. BOARD OF EDUCATION, COMMUNITY CONSOLIDATED SCH. DIST.

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

article 5A inoperative and void. *15 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 and citizenry.

Oswald v. Hamer

2018 IL 122203 · Illinois Supreme Court · Feb 5, 2019

The partial dissent concluded that Provena did not qualify for the charitable exemption based on the actual ownership of the property. Id. at 411-12. … The party challenging the validity of a statute has the burden of clearly establishing the alleged constitutional infirmity. Napleton v.

People v. Molina

2024 IL 129237 · Illinois Supreme Court · Dec 5, 2024

The court concluded that “an officer who smells cannabis in a vehicle he has just stopped is almost certain to discover a violation of the Vehicle Code because the law clearly states that when … In other words, if an individual’s conduct conforms to section 10-35, then that individual is immune from any punishment for the use or possession of cannabis, civil or criminal.

People v. Bailey

60 Ill. 2d 37 · Illinois Supreme Court · Jan 30, 1975

David Barksdale was called by the State, but after he refused to testify he was granted immunity and made a court’s witness. … Rather it clearly appears that Barksdale drove to the Ellis Avenue location in a car known to defendants and others, stopped and then raced the motor.

Paszkowski v. METRO. WATER RECLAMATION

213 Ill. 2d 1 · Illinois Supreme Court · Nov 18, 2004

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

People v. White

353 Ill. Dec. 517 · Illinois Supreme Court · Aug 4, 2011

That procedure required a two-step sequence for resolving government officials' qualified immunity claims. … Saucier required that the analysis of a qualified immunity issue be undertaken in that specified sequence.

The People v. Hetherington

379 Ill. 71 · Illinois Supreme Court · Jan 22, 1942

Plaintiff in error insists that the trial court should not have accepted the qualified plea of guilty. … The validity of the 199-year sentence has been established by this court in a series of cases, more particularly People v. Rucker, 364 Ill. 371 , and People v. Pace, 362 id. 224.

Hickling v. Wilson

104 Ill. 54 · Illinois Supreme Court · Jun 21, 1882

subscriptions were to be abandoned, there is no pretense or claim that any such condition was annexed to the subscriptions themselves, and it is clear the legal effect of those subscriptions, as to third parties, could not be qualified … and beyond all reasonable doubt establishes the contrary.

Dixon Ass'n for Retarded Citizens v. Thompson

91 Ill. 2d 518 · Illinois Supreme Court · Aug 20, 1982

It is, therefore, incumbent upon the Department to establish procedures for relocating the clients of a closed facility. … In Youngberg, the Supreme Court stated: “[W]e emphasize that courts must show deference to the judgment exercised by a qualified professional.

Edwards County v. White County

85 Ill. 390 · Illinois Supreme Court · Jun 15, 1877

The line claimed to be in dispute is that established by the act of January 22, 1829, defining the southern boundary line of the counties of Wayne and Edwards. … The direction, it is true, is to be east, but this is clearly only a general indication, and is not to be understood as meaning due east, because it is qualified by other words in the sentence.

People Ex Rel. Simpson v. Funkhouser

385 Ill. 396 · Illinois Supreme Court · Jan 20, 1944

Burnt Prairie Community High School District were in strict' accordance with section 89a of the School Law, that this district is a valid and duly organized high school district and that defendants are the duly elected, qualified … That the legislature could not have intended otherwise is clearly shown by the confusion that has arisen in these cases. All this confusion could have been avoided by a proper understanding of the statute.”

Lipinski v. Chicago Board of Election Commissioners

114 Ill. 2d 95 · Illinois Supreme Court · Oct 31, 1986

It concluded that although the proposition submitted to the voters did not specifically refer to the statute or include the details regarding the organization and establishment of the RTA, voters could educate themselves … For these reasons the nonpartisan referendum does not qualify for placement on any ballot as an advisory referendum.

People v. Peck

314 Ill. 237 · Illinois Supreme Court · Oct 28, 1924

The facts established in this case are, that on February 5, 1923, the defendant, in his automobile, in the presence of two small girls, both of whom were considered too young to testify as witnesses in the case, committed … The Costello boy properly qualified as a witness and the court committed no error in allowing him to testify over the objection of the defendant.

English v. Cooper

183 Ill. 203 · Illinois Supreme Court · Dec 18, 1899

The executor nominated in the will refused to qualify, and John N. English was appointed administrator with the will annexed. … The rule and reason for it are clearly stated in Cambridge v. Rouse, 8 Ves. 12, and substantially adopted in Taylor v. Lucas, 14 N.

Adams v. People

47 Ill. 376 · Illinois Supreme Court · Jun 15, 1868

The court qualified this instruction, and it is alleged as error, by adding as follows: “ Unless the jury further believe that the difficulty was commenced by the defendant for the purpose of taking the life of Bostic, or … While the doctrine is, as established by this court, in Schnier v. The People, supra.; Maher v. The People, 24 ib. 242, and Canfield v.

People Ex Rel. Courtney v. Prystalski

358 Ill. 198 · Illinois Supreme Court · Oct 17, 1934

It is elementary that the offense charged must be accurately and clearly described, and it is the rule in this State that where an act is made criminal, with exceptions embraced in the enacting clause creating the offense … This language of the statute, therefore, must be held to be descriptive of the offense, and under the rule in this State must be negatived in the information or indictment in order to render that instrument immune from attack