Case law

In Re Estate of Brooks

32 Ill. 2d 361 · Illinois Supreme Court · Mar 18, 1965

It seems to be" clearly established that the First Amendment of the United States Constitution as extended to the individual States by the Fourteenth Amendment to that constitution, protects the absolute right of every individual … The decisions which have held the conduct complained of immune from proscription involve no such public injury and no danger thereof.

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.

Kinney v. People

108 Ill. 519 · Illinois Supreme Court · Jan 23, 1884

In that case the rule which had been established in Campbell v. … Under the evidence in this case we are of opinion that the modification was clearly within the rule announced in Adams v. The People, 47 Ill. 378 .

Dean v. Dean

401 Ill. 406 · Illinois Supreme Court · Nov 18, 1948

If the testimony of the appellee is worthy of belief, that case is clearly distinguishable from the situation here. In the recent case of Tuntland v. … He saw and heard the witnesses and is better qualified to judge of the weight to be given their testimony than is a court of review.

The People v. Brown

30 Ill. 2d 297 · Illinois Supreme Court · Jan 22, 1964

While the sentence imposed was severe, the jurors had been qualified to impose the death penalty and were reminded of this fact by the prosecution in closing argument. … The proof established a wanton, vicious killing, and defendant’s guilt was clearly demonstrated. For the reasons given, the judgment of the criminal court of Cook County is affirmed. Judgment affirmed.

Rhodes v. Missouri Savings & Loan Co.

42 L.R.A. 93 · Illinois Supreme Court · Jun 18, 1898

. ■ It is thus clearly established, that unless the former decisions of this court and the statute of this State, all of which clearly exempt a building association organized under our own statute, be applied to the appellee … The State of Pennsylvania, where such associations have existed for many years, has established the same doctrine in thé’ cases of Janett v. Cope, 68 Pa. St. 67, Kupfert v. Guttenberg, etc.

Kenley v. Bryan

110 Ill. 652 · Illinois Supreme Court · Sep 27, 1884

John Kenley, a brother of the widow, at the February term, 1878, of the county court, was appointed administrator of the estate, and qualified, and entered upon the duties of the office. … This is clearly broad enough to embrace the remainder after the termination of a life estate of a dowress.

Burrows v. Palmer

5 Ill. 2d 434 · Illinois Supreme Court · Mar 24, 1955

Palmer do not constitute the corpus of the trust estate established by Mary F. … a trust in his favor, but also in a proper case by establishing an implied trust. * * * Equity will not compel a trustee to take upon himself the burdens of a trust; but where the trust has been declared or established or

Hill v. Harding

93 Ill. 77 · Illinois Supreme Court · Sep 15, 1879

These provisions of the act of Congress should be considered together, in the light of the general objects and purposes of the National legislature in establishing a general bankrupt system, and should be so construed as … The effect of the assignment upon the class of attachments expressly mentioned is clearly and specifically declared. The assignment ipso facto dissolves such attachments.

People ex rel. Stevenson v. Higgins

15 Ill. 110 · Illinois Supreme Court · Dec 15, 1853

Had the defendant been their own clerk, and the causes for removal established by their own observation, there is no intimation that such formal proceedings would have been required, or any such trial had. … What endowments were necessary to constitute requisite qualifications must be always matter of opinion, and upon that question the law has clearly made .it their duty to pass in the first place, in making the selection, and

The People v. Kelly

357 Ill. 408 · Illinois Supreme Court · Aug 23, 1934

The fact that none of the qualified electors residing within that portion of the Calumet district outside the city of Chicago voted or attempted to vote is of no legal consequence. … were supplied in each of the election precincts outside the district where qualified electors might have voted.

People v. Fox

269 Ill. 300 · Illinois Supreme Court · Oct 27, 1915

Where the spirit and intention of the legislature in adopting the act are clearly expressed and its object and purposes are clearly set forth, the courts are not con,fined to the literal meaning of the words used, when to … At this time Cohen & Sons had the largest establishment of the kind in the west dealing in those materials and were doing a prosperous business. The fire occurred about 2 :54 A. M., March 7, 1912.

People v. Masterson

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.

Metropolitan Accident Ass'n v. Froiland

161 Ill. 30 · Illinois Supreme Court · Mar 28, 1896

But it is insisted that the qualifying words, “in any way,” have relation to the motive of the insured in taking the poison, and embrace his involuntary as well as his voluntary action in that regard. … It was there held, that in the phrase “self-destruction in any form” the words “in any form” clearly related only to the manner of killing, and that the clause was by no means synonymous in meaning with such clauses as “die

Pooler v. Cristman

145 Ill. 405 · Illinois Supreme Court · May 9, 1893

The will by Henry Pooler had been probated in the County Court, and his estate had been settled, and the reports of the executor and the receipts executed by the testatrix would show fully and clearly the amount the testatrix … We think the second clause of the instruction, considered alone, erroneous; but the- objectionable part of the instruction seems to be qualified by the last clause.

People v. Brown

2024 IL 129585 · Illinois Supreme Court · Nov 14, 2024

¶ 75 Spears is clearly irreconcilable with this court’s established precedent, and I agree with the majority that it should be overruled. Supra ¶ 42. … Rather, it is an argument that asks this court to upend established case law regarding when a judgment becomes final.

Leonardi v. Loyola University of Chicago

168 Ill. 2d 83 · Illinois Supreme Court · Oct 26, 1995

If A’s testimony is offered for the purpose of establishing that B said this, it is clearly admissible — if offered to prove that event X occurred, it is clearly inadmissible.” Carpenter, 28 Ill. 2d at 121 . … Wender that would explain, qualify, discredit, or destroy his direct testimony. We agree with the appellate court that it was not improper for defendants to ask the question.

People Ex Rel. Heydenreich v. Lyons

374 Ill. 557 · Illinois Supreme Court · Oct 15, 1940

The judiciary will not interfere with such classification when made unless it is clearly unreasonable. Punke v. Village of Elliott, supra. … Section 16 thus mirrors an intention to assure relief to such citizens by discouraging a steady influx of unfortunate transients from other jurisdictions settling in Illinois for the primary purpose of qualifying as future

Harvey v. Sullivan

406 Ill. 472 · Illinois Supreme Court · Sep 21, 1950

Dow Harvey and five others, qualified electors of the city, filed a petition in the circuit court of McDonough County to contest the election. … Williams, “We think it would be a very dangerous rule to establish that the election judges may disregard the plain provisions of this statute, and thereby defeat the intention of the law to prevent actual frauds from being