Case law

Norton Co. v. Department of Revenue

405 Ill. 314 · Illinois Supreme Court · Jan 18, 1950

Montgomery Ward & Co. 312 U.S. 373 , it was even declared permissible to require the retailer to act as collector of the tax within the State, and the court in those cases indicated that immunity to taxes by an interstate … The journey involved was clearly interstate, yet the court held that the State did have a right to tax that exact percentage portion of the commerce with which it was intimately connected, i.e., the mileage traversed within

People v. King

2019 IL 123926 · Illinois Supreme Court · Jan 24, 2020

Safarik testified that he also conducts “equivocal death evaluations” in cases where the “manner of death is not well established.” … ¶ 52 The applicable law is well established.

Illinois Central Gulf Railroad v. Department of Local Government Affairs

95 Ill. 2d 111 · Illinois Supreme Court · Jan 24, 1983

This court has never literally applied the language of the “general exemption”; if it did, the Illinois Central would be immune from any other taxation even when engaged in business activities with only a tenuous relationship … Those parcels do not qualify for exemption from taxation under the “lands exemption.”

Aetitus v. Spring Valley Coal Co.

246 Ill. 32 · Illinois Supreme Court · Jun 29, 1910

If it were necessary to show an evil intent or any blamable conduct to establish the willfulness contemplated by this statute then there would be more force in this contention. … The intent and purpose of this statute is to require the mine owner to provide a light at the bottom of the shaft of sufficient capacity to enable any person approaching the bottom to clearly discern the cage and the objects

Givens v. City of Chicago

2023 IL 127837 · Illinois Supreme Court · Oct 19, 2023

These included various provisions of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq. (West 2012)), as well as self-defense and collateral estoppel. … The evidence, arguments, and instructions before the jury clearly set out what special interrogatory No. 2 was testing.

Trustees of Schools of Township 35 North, Range 14 East of the 3rd Principal Meridian v. Sons

27 Ill. 2d 63 · Illinois Supreme Court · Feb 1, 1963

Stat. 1959, chap. 122, par. 14 — 7- In the Schroeder case we held that the limitation upon the power of eminent domain expressed in section 14 — 7 of .the Code did not apply to school districts established under article 7 … The purpose seems clearly to have been to codify first without altering substance, and then to key substantive changes into the new Code after its adoption.

Stott v. City of Chicago

205 Ill. 281 · Illinois Supreme Court · Oct 26, 1903

Hopkinson, supra, it is said: “Clearly he cannot recover fees or set up any right of property on the ground that he is an officer defacto unless he be also an officer de jure.” … “It is an established rule that upon the argument of a demurrer the court will, notwithstanding the defect of the pleading demurred to, give judgment against the party whose pleading was first defective in substance.”

Birmingham Fire Insurance v. Pulver

126 Ill. 329 · Illinois Supreme Court · Nov 15, 1888

It is open to him, notwithstanding the certificate, in a suit upon the policy, to establish by witnesses the true amount of the loss. … Such clearly is not the case.

Hess v. Killebrew

209 Ill. 193 · Illinois Supreme Court · Apr 20, 1904

For the purpose of establishing the mental capacity of the testator proponents took the testimony of twenty-nine witnesses, and on this question twenty-six witnesses testified on behalf of contestants. … The chancellor who presides at the trial of a question of fact before a j ury must necessarily observe the appearance and demeanor of the witnesses upon the stand for the purpose of qualifying himself to pass upon a motion

Carey-Lombard Lumber Co. v. Jones

187 Ill. 203 · Illinois Supreme Court · Oct 19, 1900

established to the whole of the premises, to the same extent as though the agreement under which the lumber was furnished had been made with the owner himself. … It is urged, however, that the authority given by this lease was, at most, but a limited or qualified authority, and therefore not within the meaning of the statute.

Chrisafogeorgis v. Brandenberg

55 Ill. 2d 368 · Illinois Supreme Court · Oct 1, 1973

Physicians of today would have less trouble with the problem, but apart from this, the right to bring an action is clearly distinguishable from the ability to prove the facts. … For example, a doctor or a midwife whose negligent acts in delivering a baby produced the baby’s death would be legally immune from a lawsuit. However, if they badly injured the child they would be exposed to liability.

D. I. Felsenthal Co. v. Northern Assurance Co.

284 Ill. 343 · Illinois Supreme Court · Jun 20, 1918

Rideal was treasurer of the insured corporation, the two owning all of the stock except a sufficient amount to qualify a book-keeper as secretary. … Fox and were only held in the name of Silver for Fox’s use and benefit and to qualify Silver to hold an office in the corporation.

Blount v. Stroud

232 Ill. 2d 302 · Illinois Supreme Court · Jan 23, 2009

See 720 ILCS 5/32 — 2 (West 2000) (establishing and defining the offense of perjury, a Class 3 felony). … Ct. 1800 (1997) (where the Court distinguished Felder and held that an Idaho appellate rule limiting interlocutory appeals applies to the denial of qualified immunity in a section 1983 claim brought in state court)).

People v. Heineman

2023 IL 127854 · Illinois Supreme Court · Jan 20, 2023

She smelled alcohol on defendant but described him as awake, alert, cooperative, and speaking clearly. … He notes that the evidence did not clearly establish the exact time defendant and Tanya left the party nor the exact time of the accident.

The People v. Fiorita

339 Ill. 78 · Illinois Supreme Court · Feb 21, 1930

It is the well established law of this State that the burden rests upon the People not only to prove the commission of the crime beyond a reasonable doubt but also to prove by the same measure of evidence that it was committed … No witness should be permitted to testify regarding the identification of fire-arms and bullets by the use of this science unless the witness has clearly shown that he is qualified to give such testimony.

Borden v. Croak

131 Ill. 68 · Illinois Supreme Court · Nov 26, 1889

The burden of proving the facts necessary to the establishment of the lien is clearly upon the petitioner, and in the absence of proof that the intestate was the owner of said property at the time he took the lease, it will … If at that time he had executed an instrument conveying, assigning or mortgaging his “property, ” without qualifying words, no one would for an instant suppose that he was attempting to'dispose of his future acquisitions.

People Ex Rel. Adamowski v. Public Building Commission

11 Ill. 2d 125 · Illinois Supreme Court · Mar 20, 1957

does not destroy the public purpose, so long as the private benefit does not clearly dominate the public use. … The limitations contained in the sections show clearly that a commission is given no discretion as to what the law shall be, but only some discretion as to its execution which must be exercised under and in pursuance of the

Jefferson Ice Co. v. Industrial Commission

404 Ill. 290 · Illinois Supreme Court · Nov 22, 1949

The established rule is that it is the province of the commission, qualified by experience and special study, to draw reasonable conclusions and inferences from evidentiary facts in workmen’s compensation proceedings, and … the courts are not privileged to substitute their judgment for factual findings of the commission unless they are clearly and manifestly contrary to the weight of the evidence.

Hoskins v. Walker

57 Ill. 2d 503 · Illinois Supreme Court · Jul 1, 1974

It cannot be seriously contended that the disqualifications will cause any difficulty in finding qualified persons to sit on the State Board of Education. … The constitutional convention’s Committee on Education clearly considered that a system of regional representation might be based on existing judicial or congressional districts.

Wynkoop v. Cowing

21 Ill. 570 · Illinois Supreme Court · Apr 15, 1859

The scope of the bill is, to establish the transaction between complainant and Cowing as a mortgage, notice of which, Bull, who is made defendant with Cowing, is alleged to have possessed, when he purchased of Cowing. … It is done, too, in language not susceptible of two meanings, and clearly shows that the first contract was one of purchase and not of loan.