Case law

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.”

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.”

Stern v. People

102 Ill. 540 · Illinois Supreme Court · Jan 18, 1882

The defence is clearly without merit, and the "demurrer to the plea was properly sustained. … ,c, or until a successor to the removed treasurer shall be elected or appointed and qualified.

Western Foundry Co. v. Industrial Commission

298 Ill. 593 · Illinois Supreme Court · Jun 22, 1921

Board at the request of either the employer or the employee, on the ground that the disability of the employee has subsequently recurred, increased, diminished or ended; and on such review, compensation payments may be re-established … The evidence taken on the petition for rehearing before the Industrial Commission indicates clearly that he was suffering at least as much,—if not more severely,—as he was at the time of the hearing before the arbitrator;

People ex rel. Morris v. Opie

301 Ill. 11 · Illinois Supreme Court · Dec 22, 1921

It was held that the curative act did not grant any special or exclusive privilege, immunity or franchise and therefore did not come within the constitutional prohibition. … territory provided that an election therein might be held dispensing with the safeguards of the Ballot law in respect to opening and conducting the election, and the district should be legally organized thereby, it would clearly

Quick v. Village of River Forest

130 Ill. 323 · Illinois Supreme Court · Nov 26, 1889

Their duties require as much honesty and fidelity where they are not sworn, as if they were acting under oath, and we think it would be establishing a dangerous rule to allow such persons to come upon the witness stand and … They were not parties to the suit, and what they may have said could not be binding on the village, and if they were not competent to testify to what they did, as we have seen they were not, clearly resort could not be had

Sutton v. Findlay Cemetery Ass'n

270 Ill. 11 · Illinois Supreme Court · Oct 27, 1915

Their testimony is too voluminous to set out, but it showed them to be familiar with the subject about which they were testifying, and qualified, from knowledge and experience, to express an opinion qs to the effect on the … the fact so clearly and free from substantial doubt as to have justified enjoining, in this proceeding, the use of the land as a burial ground.

Rice v. Marathon Petroleum Corp.

2024 IL 129628 · Illinois Supreme Court · May 23, 2024

If the legislature had intended to create an express private right of action, it clearly knows how to do so. … and administer the Underground Storage Tank Fund, which could be accessed by qualified owners or operators to meet their financial responsibility requirements under the Act. 415 ILCS 5/57 (West 2018)

In Re Estate of Reighard

402 Ill. 364 · Illinois Supreme Court · Jan 19, 1949

The executor, also named by the testator as the trustee thereunder, accepted and qualified as to each office. … She was named executrix under the will and qualified as such. She was also appointed conservatrix of the estate of. the husband, George Davis.

Crosby v. Weil

382 Ill. 538 · Illinois Supreme Court · Mar 16, 1943

Securities based on established income constitute class C securities. The act provides for registration of investment contracts and investment trusts. … Here the transactions appear clearly to be local in character, and, with the exception of the mailing of the certificates, clearly intrastate. In the Cloverleaf case the business was almost wholly interstate.

Mittelman v. Witous

135 Ill. 2d 220 · Illinois Supreme Court · Apr 9, 1990

App. 3d at 584 ), a plaintiff can always seek to establish a per quod action in an attempt to avoid the innocent construction rule by utilization of extrinsic facts to establish the defamatory nature of a statement not otherwise … There is no question that, with the exception of the term “fault,” Witous’ statement was clearly a statement of fact.

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 v. Rizzo

2016 IL 118599 · Illinois Supreme Court · Oct 25, 2016

“To overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution.” Sharpe, 216 Ill. 2d at 487. … In short, we find no due process violation. ¶ 48 In closing, we wish to again emphasize that one who challenges the constitutionality of a statutorily mandated “penalty” has the burden of clearly establishing

People ex rel. Redman v. Wren

5 Scam. 268 · Illinois Supreme Court · Dec 15, 1843

But no such election has been had, and it is admitted that until the officers are elected and qualified, the county cannot be organized. … These provisions, when taken in connexion with the first section, qualify its operation, and clearly indicate the intention of the legislature, that the existence of Marquette, as a distinct county, should not take place,

In Re Detention of Samuelson

189 Ill. 2d 548 · Illinois Supreme Court · Jan 21, 2000

The party challenging a statute bears the burden of clearly establishing that it is unconstitutional. … We hold simply that the defendant in this case has failed to meet his burden of clearly establishing that those procedures are unconstitutional.

Davis v. Hutchinson

282 Ill. 523 · Illinois Supreme Court · Feb 20, 1918

A provision against the alienation of property after granting a fee violates a long established rule of law. In Little v. … The will so clearly devised a fee simple estate to the adopted daughter and then attempted a restraint upon alienation that the rule as to such restraints being void must be applied and enforced.

People v. Walker

211 Ill. 2d 317 · Illinois Supreme Court · Jun 4, 2004

The State then called its two key witnesses, Aprylle and Crystal Watson, who had been granted immunity by the State for their testimony. … Thus, to prove a violation of section 24 — 1.1, the prosecutor must establish only the defendant’s felon status.

Adkins v. Sarah Bush Lincoln Health Center

129 Ill. 2d 497 · Illinois Supreme Court · Sep 20, 1989

Count II sought money damages and a declaration that the defendants’ conduct was not immunized, but was willful and wanton. … Clearly there would be situations in which both would be under consideration at the same time. In reviewing the peer review decision of a public hospital, the court in Ladenheim v. Union County Hospital (1979), 76 Ill.

Bradley v. Casey

415 Ill. 576 · Illinois Supreme Court · Sep 24, 1953

A level would be established below which the rate could not descend and still be characterized as ‘prevailing.’ … This amendment then, being vulnerable to the foregoing criticism, is clearly unconstitutional.

Budberg v. County of Sangamon

4 Ill. 2d 518 · Illinois Supreme Court · Nov 18, 1954

Because numerous decisions of this court have discussed the propriety of the exercise of equity jurisdiction to enjoin the collection of taxes, we turn at once to a consideration of the principles which those decisions have established … It seems clearly to be a separate “class of property” within the meaning of the statute.