Case law

Strader v. Snyder

67 Ill. 404 · Illinois Supreme Court · Jan 15, 1873

Hall, 1 Strange, 416, the principle is clearly recognized. … This was a departure from well established rules.

Thies v. State Board of Elections

124 Ill. 2d 317 · Illinois Supreme Court · Sep 22, 1988

The trial court concluded that article VI, section 7(a), of the Illinois Constitution prohibits the election of circuit judges in the manner established by Public Acts 85 — 866 and 85 — 903. … However, it would seem logical that under section 11, if the unit that selects the judge is the circuit, then any person otherwise qualified who lives anywhere in the circuit is qualified.

Rulison v. Post

79 Ill. 567 · Illinois Supreme Court · Sep 15, 1875

Nor can we hold that this license to have other and higher branches taught empowers the directors to establish and main-, tain high schools, as they are denominated. … We are, therefore, clearly of opinion the General Assembly have invested school directors with the power to compel the teaching of other and higher branches than those enumerated, to those willing to receive instruction therein

Board of Supervisors of Fulton County v. Mississippi & Wabash Railroad

21 Ill. 338 · Illinois Supreme Court · Jan 15, 1859

This strictness, perhaps, would not be required in our practice, yet we will require that the answer shall clearly indicate to what bill it is an answer. … We are clearly of opinion, the central division of the road is .■not entitled to the bonds, and accordingly reverse the decree ■entered in the cause.

Fenyes v. State Employees' Retirement System

17 Ill. 2d 106 · Illinois Supreme Court · May 22, 1959

It is conceded that the plaintiff would be entitled to the ordinary death benefit if decedent died while in service, but that she would not qualify for such benefit if he had effectually withdrawn from the service prior, … We further believe that the testimony of plaintiff’s medical witness failed to establish pre-existing incompetence on the part of Dr. Fenyes.

Siebert v. People

143 Ill. 571 · Illinois Supreme Court · Oct 31, 1892

The fact, therefore, that the deceased came to his death from arsenic was so clearly established by unimpeachable evidence, that the admission in evidence of the opinions of the two witnesses could have no prejudicial effect … to establish the defendant’s guilt: But the same question occurs, how shall the fact be established ?

In Re EB

231 Ill. 2d 459 · Illinois Supreme Court · Nov 20, 2008

Looking to the debates, we find that comments by the legislature clearly and strongly favor an interpretation that the phrase "unless it is found to be in his or her best interest" modifies only the phrase prohibiting a minor … The comments repeatedly and definitively establish that the amendment was meant to expand the six-month time period.

Motorola, Inc. v. Illinois Fair Employment Practices Commission

34 Ill. 2d 266 · Illinois Supreme Court · Mar 24, 1966

The statute thus clearly provides that no decision of a hearing examiner or a commissioner is to become the decision of the Commission unless it has been found by the Commission to be supported by substantial evidence. … Conversely, if Myart failed the test, the record would not establish an unfair employment practice with respect to him.

People v. Hernandez

2016 IL 118672 · Illinois Supreme Court · Jun 24, 2016

Davis, 199 Ill. 2d 130, 141 (2002) (holding a BB/pellet gun did not qualify as a ‘bludgeon’ under the armed violence statute); see also People v. Myers, 101 Ill. … Here, although the position taken by the State at trial was clearly factual, its position before the court in postconviction proceedings was one of law. ¶ 19 This case began with the State securing an indictment

Misch v. Russell

12 L.R.A. 125 · Illinois Supreme Court · Jan 22, 1891

appeared and answered, alleging that said County Court had no jurisdiction of the subject matter of said petition or power to hear and determine the matters therein set forth, but admitting that said Misch was properly qualified … Their intention to vote for him for president of said board appeared clearly and unmistakably upon the face of the ballots, and said votes should have been counted for him for that office.

People v. Linda B. (In Re Linda B.)

91 N.E.3d 813 · Illinois Supreme Court · Sep 21, 2017

This exception must be construed narrowly and established by a clear showing of each criterion. Andrew B., 237 Ill. 2d at 347. … In order to establish untimely filing of the May 9 petition, respondent had to establish that her initial period of hospitalization and psychiatric treatment was involuntary.

Klein v. Department of Registration & Education

412 Ill. 75 · Illinois Supreme Court · Mar 20, 1952

Chief Justice Daily delivered the opinion of the court: Appellee, Robert Klein, a duly qualified, registered and practicing optometrist, instituted this action in the superior court of Cook County against the Department of … The act here clearly defines the practice of optometry and operates equally and uniformly upon all brought within that relation and circumstance.

Daniels v. Brooks

377 Ill. 44 · Illinois Supreme Court · Jun 17, 1941

The complaint alleges that the deed made by the executor is void for certain irregularities in his qualifying, but this is not‘argued in the brief. The will of Stephen E. … Other propositions are argued, but we deem it unnecessary to discuss them in this opinion, as the foregoing establishes clearly that the decree of the circuit court of Marion county was correct.

Walker v. State Board of Elections

65 Ill. 2d 543 · Illinois Supreme Court · Nov 15, 1976

Each member of the Board shall serve until his successor is duly appointed and has qualified.” (Ill. Rev. Stat. 1973, ch. 46, par. 1A—3.) … In our view, that directive envisioned the establishment of a strong executive agency.

People v. Brown

407 Ill. 565 · Illinois Supreme Court · Nov 27, 1950

From this it appears the legislature was of the opinion that though a licensed journeyman plumber is qualified to follow his trade, as that trade is defined in the act, he is not qualified to judge the merits or demerits … This will be true even though the times to be served and the instruction may differ materially in many vital respects, even to the extent of establishing two totally irreconcilable standards of instruction to qualify persons

Kuns v. Robertson

154 Ill. 394 · Illinois Supreme Court · Jan 15, 1895

Any other rule would be productive of the greatest inconvenience, and ought not to be adopted unless the legislative will to that effect is clearly expressed.” … In all such cases, however, “the trust and abuse of it must be clearly established, in accordance with the rules by which courts are governed in administering justice.” (Happy v. Morton, 33 Ill. 398 .)

People v. Harper

91 Ill. 357 · Illinois Supreme Court · Sep 15, 1878

We can not say we are clearly satisfied the constitution has been thereby violated. … The term of office of the chief inspector is limited to two years, not until his successor shall be elected and qualified.

Svenson v. Hanson

289 Ill. 242 · Illinois Supreme Court · Oct 27, 1919

By the act of 1827 a grantor was given the right to create an estate in joint tenancy with the common law incident of right of survivorship, provided the grantor clearly indicated this intention by using appropriate language … The holding in these cases is now the established doctrine in this State. (Gaunt v. Stevens, 241 Ill. 542 .) The construction placed upon these two acts in Mette v. Feltgen, supra, is decisive of this case.

People v. Hanson

212 Ill. 2d 212 · Illinois Supreme Court · Sep 23, 2004

Defendant argues that the State’s interpretation of Cleer as establishing a per se rule is too broad and fails to consider the underlying facts. … The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.

The People v. Rogers

16 Ill. 2d 175 · Illinois Supreme Court · Mar 20, 1959

It is well established that photographs so qualified are admissible in evidence. (People v. Herbert, 361 Ill. 64 .) … Where there is no conflict in the evidence as to the value and it is clearly in excess of $50, there is no error in refusing instructions on petty larceny.