Case law

People of Illinois v. Rhodes

85 Ill. 2d 241 · Illinois Supreme Court · Jun 4, 1981

Louis police department qualified in fingerprint analysis, investigated the crime scene. He noticed glass fragments on the kitchen floor, the porch floor, and outside in the back yard. … The evidence, in its entirety, clearly points to the fact that the fingerprint was left at the time of the commission of a burglary. (Commonwealth v. Cichy (1974), 227 Pa. Super. 480 , 323 A.2d 817 . Accord, Avent v.

General Motors Corporation v. State of Illinois Motor Vehicle Review Board

Illinois Supreme Court · Jan 8, 2007

If a protest is filed, the manufacturer has the burden of proof to establish that “good cause” exists to allow the grant or establishment of the additional franchise. 815 ILCS 710/4(e)(8) (West 2004). … Whether the Board’s Decision Was Clearly Erroneous GMC next argues that the Board’s decision was either clearly erroneous or against the manifest weight of the evidence.

Lancashire Insurance v. Corbetts

165 Ill. 592 · Illinois Supreme Court · Jan 19, 1897

This is clearly pointed out in an exhaustive opinion by Pitney, V. C., in National Fire Ins. Co. v. Chambers, 53 N. J. … We have established the doctrine in this State, as before shown, (Hannibal, etc. Railroad Co. v.

People ex rel. Meyer v. Hazelwood

116 Ill. 319 · Illinois Supreme Court · Mar 27, 1886

Conceding, as we do, that this question is not entirely free from doubt, still the doubt must be solved in favor of the validity of the act, since we are not clearly satisfied that the objection is tenable. … The person elected must possess all the qualifications prescribed for either office, and he must execute bond and qualify as required for both, or he will forfeit his office.

People v. Madison

56 Ill. 2d 476 · Illinois Supreme Court · Mar 20, 1974

Defendant further endeavors to establish bias, contending that a jury which is qualified to recommend the death penalty is more likely to convict. … In the present case defendant’s confession as well as substantial circumstantial evidence clearly established his guilt.

Commissioners of Hartwell Drainage & Levee District v. Mickelberry

257 Ill. 509 · Illinois Supreme Court · Feb 20, 1913

One of the purposes of a proviso in a statute is to qualify or restrict general language found in the enacting clause. … It was. not organized originally for the purpose of establishing a pumping station as part of its general scheme of drainage, neither has it heretofore established or maintained a pumping station of any kind or character.

People ex rel. Chicago Title & Trust Co. v. Kowalski

307 Ill. 378 · Illinois Supreme Court · Feb 21, 1923

Joseph Building and Loan Association praying for the appointment of a receiver, the Chicago Title and Trust Company was appointed and qualified as such receiver. … Prom an examination of the act, however, it will clearly appear that the prohibition does not apply and that the complainants were expressly authorized to file the bill.

People v. Young

128 Ill. 2d 1 · Illinois Supreme Court · Feb 22, 1989

The prosecutor’s concern was clearly supported by the record. … Because the same aggravating factors which qualify a defendant for the death penalty (111. Rev. Stat. 1983, ch. 38, par. 9 — 1(b)) also qualify him for natural life imprisonment (111. Rev.

Board of Trustees of Town 24, R. 7 East v. Beale

98 Ill. 248 · Illinois Supreme Court · Mar 21, 1881

The precise form of this mortgage is first found in the “act to establish and maintain common schools,” in force April 13, 1849. (See Pub. Luavs of 1849, p. 167.) … to the Homestead law, and we can not, therefore, assume that it was in the mind of the legislature to qualify or limit or amend it in any respect whatever, but we should rather assume that the' legislature intended each

Harmon v. City of Chicago

110 Ill. 400 · Illinois Supreme Court · Jun 13, 1884

S. 678 , where it is said the general doctrine now firmly established is, “the commercial power of Congress is exclusive of State authority only where the subjects upon which it is exercised are national in their character … fact, is clearly not one.

Gill v. Shurtleff

183 Ill. 440 · Illinois Supreme Court · Dec 18, 1899

to,” there being no others so marked in the box, would have clearly identified the ballots which said illegal voters unlawfully procured to be put in the box. … “A person who votes without being qualified is a mere intruder and not entitled to the privileges which belong to legal voters.” (McCrary on Elections, 492.)

People Ex Rel. Parkinson v. Williams

392 Ill. 224 · Illinois Supreme Court · Nov 21, 1945

the judiciary of its jurisdiction in contravention of article III of our constitution, and, further, by preventing the seeking and granting of the relief sought in the complaint in the circuit court, would grant a special immunity … So far as the complaint against the shareholders is concerned, it is clearly beyond the provisions of section 201.

County of Cook v. Harms

108 Ill. 151 · Illinois Supreme Court · Nov 20, 1883

The latter, clearly, therefore, should be embodied in a distinct instruction. It is not a necessary element in the instruction previously given, but is a modifying or qualifying circumstance wholly independent of it. … If it be shown that an architect in making his decision has disregarded important, clearly established or obvious facts, (of which there is some evidence in the record,) the prima facie presumption is that he did so willfully

Londrigan v. State Employees' Retirement System

30 Ill. 2d 354 · Illinois Supreme Court · Jan 22, 1964

Section 3 — 4 of the act states that “employee” means “any regular classified or unclassified officer or employee who, prior to the date of establishment, received salary, for service rendered to the State of Illinois, on … He, therefore, clearly does not qualify as a contributing member and he cannot make further contributions towards a larger pension. The trial court’s determination on this part was therefore clearly correct.

In Re Wigoda

77 Ill. 2d 154 · Illinois Supreme Court · Oct 2, 1979

The Administrator contends the period of time in between respondent’s disbarment on consent and his petition — 19 months — is insufficient to establish a “clear showing” of rehabilitation. … That is clearly not the situation here where respondent, since his disbarment and release from prison, has, based on the record before us, lived a blameless life.

East St. Louis Federation of Teachers, Local 1220 v. East St. Louis School District No. 189 Financial Oversight Panel

178 Ill. 2d 399 · Illinois Supreme Court · Oct 17, 1997

Section 1B — 20 clearly identifies the nature of the discipline and the parties to be disciplined. … We find no need to discuss any longer a clearly unsupported argument, and we reject it. See 134 Ill. 2d R. 341(e)(7).

AFM Messenger Service, Inc. v. Department of Employment Security

198 Ill. 2d 380 · Illinois Supreme Court · Sep 20, 2001

rule of law as applied to the established facts is or is not violated.” … Thus, a driver’s “business” was not established “independently” of AFM.

Suburban Bank of Hoffman-Schaumburg v. Bousis

144 Ill. 2d 51 · Illinois Supreme Court · May 30, 1991

Chrisoula argues that the savings account contract clearly established her legal interest in the account and, furthermore, that the contract may not be set aside merely because it might fail to represent the bank president … The evidence clearly establishes that the parties intended for the account contract, as written, to apply to the funds on deposit.

In re Commitment of Fields

2014 IL 115542 · Illinois Supreme Court · Jun 27, 2014

According to respondent, because he “was under the requisite age to qualify for a diagnosis of pedophilia” at the time of the 2000 offense, the State failed to establish that he has a mental disorder. … Unspoken but clearly implied here is that the dispositional hearing was already in progress.

Illinois Central Railroad v. County of McLean

17 Ill. 291 · Illinois Supreme Court · Dec 15, 1855

Pennsylvania and Massachusetts hold railways exempt from taxation, upon the ground that they are public works, established by public authority, like canals, turnpikes and highways. Inhabitants of Worcester v. … The case before us is not an exemption or immunity from the payment of taxes.