Case law

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.

People v. Carey

104 N.E.3d 1150 · Illinois Supreme Court · Jan 19, 2018

Therefore, the indictment, read as a whole, clearly informed defendant that the State intended to prove that he possessed a firearm at the time of the shooting. … In support, defendant contends that the State failed to prove that the inoperable and unloaded .22-caliber derringer qualified as a “firearm.”

People ex rel. Dunham v. Morgan

90 Ill. 558 · Illinois Supreme Court · Sep 15, 1878

But under our system of government it is limited by the establishment of the two other departments, and prohibited from the exercise of any powers confided to them. … Hence the necessity of adhering rigidly to the rule, that in case of uncertainty, the doubt must be cast in favor of the validity of the law, and a law to be invalid must clearly contravene the fundamental law.

People v. Steele

231 Ill. 340 · Illinois Supreme Court · Dec 17, 1907

No' ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.” … But a railroad company has a franchise from the State, and the manner in which its business as a carrier shall be conducted is clearly under the control of the legislature.

People v. Caballero

Illinois Supreme Court · Dec 4, 1997

Thus, defendant cannot establish that the disparate treatment of himself and Aviles was unreasonable or unwarranted. … Clearly, the result defendant seeks was not "dictated" by existing precedent, where this court rejected his original claim that his jury should have been "life qualified." Caballero, 102 Ill. 2d at 45 - 46.

In re Michelle J.

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.

Shannon v. Swanson

208 Ill. 52 · Illinois Supreme Court · Feb 17, 1904

Some traces are found of an ancient rule of the common law making the age of a child the arbitrary test of competency to testify, but if it ever was well established it has long since fallen into disuse and become obsolete … In the concluding portion of the instruction the phrase, “if any you find from the evidence,” clearly refers to the words “offenses of the defendant,” found immediately preceding such phrase, and would, we think, prevent

Hutchinson v. Self

153 Ill. 542 · Illinois Supreme Court · Nov 26, 1894

Moreover, in the case at bar, when the hearing came on in the county court, appellants assumed the burden of proof, and undertook to establish the allegations contained in their objections, which challenged the validity of … the notice calling an election, but depends upon the substantial compliance with the requirements of the law authorizing the election to be held ; that otherwise it would be in the power of the clerk to invalidate bonds clearly

People Ex Rel. Gill v. Baum

367 Ill. 249 · Illinois Supreme Court · Oct 15, 1937

violate section 22 of article 4 of the constitution of 1870 which forbids the General Assembly from passing local or special laws granting to any corporation, association or individual any special, or exclusive privilege, immunity … Applying this rule to the instant case, it clearly appears that at the time the original tax levy ordinance was enacted and transmitted to the county clerk, the maximum rate the city of Chicago could legally levy for general

People ex rel. American Federation of State, County & Municipal Employees v. Walker

61 Ill. 2d 112 · Illinois Supreme Court · Jun 30, 1975

intent clearly supports the Petitioners-Appellees [plaintiffs] viewpoint that the General Assembly intended a $100.00 salary increase begin September 1, 1974, subsequent to the date the legislation was initially passed.” … We are of the opinion that those employees who qualify should be paid a proportional share of the full salary increase during this period.

Pre-School Owners Ass'n of Illinois, Inc. v. Department of Children & Family Services

119 Ill. 2d 268 · Illinois Supreme Court · Jan 19, 1988

With respect to the exemption for day-care programs conducted on Federal premises, the legislature correctly determined that State regulation would be incompatible with the broad immunity from State regulation enjoyed by … Stat. 1985, ch. 23, par. 2217(c)), which provides: “The Department, in applying standards prescribed and published, as herein provided, shall offer consultation through employed staff or other qualified persons to assist

The PEOPLE v. Cox

12 Ill. 2d 265 · Illinois Supreme Court · Nov 20, 1957

While the record leaves in doubt the question of whether Simmons and Griffin had a closer relationship than the mere sharing of office space, it clearly shows that Griffin was not retained by either defendant or his mother … Johnson, 64 S.D. 162 , 265 N.W. 597 , where a disbarred lawyer was assisted by a qualified attorney; and State v.

Village of Vernon Hills v. Vernon Fire Protection District

168 Ill. 2d 117 · Illinois Supreme Court · Sep 21, 1995

As a final matter, the Village maintains that Vernon Fire failed to carry its burden of establishing that section 14.14 is unconstitutional. … Consequently, the arbitrariness of the statute’s population classification has been established.

Huber v. Williams

338 Ill. 313 · Illinois Supreme Court · Feb 21, 1930

Appellant seeks to establish the delivery of the deed and asks its reformation so that the description will include lots 14 and 15. … The evidence not only fails to establish the delivery of the deed, but it also fails to show its acceptance by the grantee.

Henline v. People

81 Ill. 269 · Illinois Supreme Court · Jan 15, 1876

But in this case the order finds that the petition was “in conformity with law,” which clearly implies that the court had heard satisfactory evidence that the petitioners were legally authorized to sign it. … The proceeding was intended to be practical, so that the common highways of the country might be established without the employment of a corps of scientific men for the purpose, but that the roads might be established by

Potter v. Potter

306 Ill. 37 · Illinois Supreme Court · Dec 19, 1922

The estate so devised to the children was manifestly a contingent remainder under the well established rule that a gift to survivors which is preceded by a particular estate, at the expiration of which the gift is to take … An examination of those cases will show clearly by their context that it was not possible to otherwise construe the words “living heirs.”

City of Beardstown v. City of Virginia

76 Ill. 34 · Illinois Supreme Court · Jan 15, 1875

exposition of constitutions, statutes, and instruments in writing above declared, we do not feel at liberty to enter into the field of speculation, and essay whether we may not construe away the plain and obvious meaning of the clearly … a distinction made by the constitution between “ electors ” and “ qualified electors.”

Gurba v. Community High School District No. 155

2015 IL 118332 · Illinois Supreme Court · Oct 30, 2015

pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly … Zoning is primarily a legislative function, and it is within the province of local governmental bodies to determine the use of land and to establish zoning classifications. La Grange State Bank v.

People v. Plank

2018 IL 122202 · Illinois Supreme Court · Sep 11, 2018

Statutes are presumed to be constitutional, and “[t]o overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution.” … However, “[i]f the plain language of the statute sets forth clearly perceived boundaries, the vagueness challenge fails, and our inquiry ends.” Bartlow, 2014 IL 115152, ¶ 42.