Case law

In Re Estate of Feinberg

235 Ill. 2d 256 · Illinois Supreme Court · Sep 24, 2009

This tension is clearly demonstrated by the three opinions of the appellate court. … Similarly, under the Trusts and Trustees Act, "[a] person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others and those

London Guarantee & Accident Co. v. Horn

206 Ill. 493 · Illinois Supreme Court · Dec 16, 1903

It will be manifest from these examples that immunity from liability for the exercise of a legal right does not rest alone upon the right of competition in trade, but is founded upon the truism “that the exercise by one man … Pendleton, 90 Me. 258 , (decided in 1897,) the Vermont case, supra, was cited for that part of the opinion which says: “The authorities cited for.the plaintiff clearly established that if the defendant; without having any

People v. Lucas

132 Ill. 2d 399 · Illinois Supreme Court · Dec 21, 1989

Carol Newman, a nurse employed with the Vermilion County health department, testified that on January 28, 1986, Shelly Carrigan and the defendant brought Danny in for DPT and polio immunizations. … Clearly, the photographs in question may be perceived as gruesome.

Chatkin v. University of Illinois

411 Ill. 105 · Illinois Supreme Court · Jan 24, 1952

be scientific, logical or consistent if it is reasonably adapted to secure the purpose for which it is intended and is not purely arbitrary. * * * It [classification] cannot be disturbed by the courts unless they can see clearly … The classification adopted herein, on the basis of whether an examination was taken in qualifying as a public accountant, is reasonably related to the legislative purpose and predicated upon real differences, recognized as

Maki v. Frelk

40 Ill. 2d 193 · Illinois Supreme Court · Jul 11, 1968

Johnson, 103 Ill. 512 ), the rule was in general our law until clearly abandoned by this court in Lake Shore and Michigan Southern Railway Co. v. Hessions, 150 Ill. 546 , and City of Lanark v. Dougherty, 153 Ill. 163 . … Kaneland Community Unit Dist., 18 Ill.2d 11 , ‘The doctrine of school immunity [privity and negligence] was created by this court alone.

Dady v. Condit

209 Ill. 488 · Illinois Supreme Court · Apr 20, 1904

As a result of these conditions the evidence clearly shows there was a great demand for land adjacent to and surrounding Waukegan for subdivision and lot purposes, and the cash market value of said lands was greatly enhanced … contains the expression, “if the jury believe, from the evidence, that certain improvements were expected in and about Waukegan on August 1, 1891,” etc., and it is objected that in this instruction the word “expected” is not qualified

Hopkins v. Powers

113 Ill. 2d 206 · Illinois Supreme Court · Jun 20, 1986

Rhodes (1984), 101 Ill.2d 1 (holding that worker's compensation immunity does not immunize an employer from a suit for contribution by a third party sued by an injured employee)). In a well-reasoned opinion in Monsen v. … Furthermore, liability imposed by the Act clearly falls within the definition of tort as set forth by this court: a private injury caused by breach of legal duty; "the commission or omission of an act by one, without right

Geary v. Dominick's Finer Foods, Inc.

129 Ill. 2d 389 · Illinois Supreme Court · Jun 19, 1989

Defendants argue that plaintiffs cannot establish duress merely by pleading that tampons and sanitary napkins are necessities. … Cosmetics, such as lipsticks, perfume and hair tonics do not qualify for the reduced rate.” (86 Ill. Adm. Code §130.310 (1985).)

Golden Rule Insurance v. Schwartz

203 Ill. 2d 456 · Illinois Supreme Court · Jan 24, 2003

In other words, the contract, “by its own terms, established a lesser knowledge standard” than that required by the statute. Green, 704 So. 2d at 1391 . … and belief] require[ ] that knowledge not defy belief ***. *** What the applicant in fact believed to be true is the determining factor in judging the truth or falsity of his answer, but only so far as that belief is not clearly

People v. Jones

2016 IL 119391 · Illinois Supreme Court · Jan 26, 2017

establish that he had been adjudicated delinquent of residential burglary. … Although defendant points out that prior to trial he denied having a prior adjudication for residential burglary, he clearly abandoned that claim at sentencing.

In Re Marriage of Semmler

107 Ill. 2d 130 · Illinois Supreme Court · Jul 17, 1985

At the outset it is important to establish exactly which constitutional theory or theories are at issue here. … Furthermore, the enactment of the no-fault provision was clearly foreseeable, since 48 States had previously enacted similar provisions. (See 83d Ill. Gen.

People v. Walker

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.

Sturgeon Bay Harbor Co. v. Leatham

164 Ill. 239 · Illinois Supreme Court · Nov 9, 1896

The meaning is the same as though the qualifying words were repeated before the word, “passengers,” that is to say, as though the clause read: “boats, etc., used for the transportation of freight, and boats, etc., used for … expressed in the statute; and the rule of construction is, that any ambiguity in the terms of the contract must operate against the company and in favor of the public; so that the proprietors can claim nothing which is not clearly

Edwards v. Schillinger

245 Ill. 231 · Illinois Supreme Court · Apr 21, 1910

On November 8, 1902, the corporation was adjudged a bankrupt by the district court of the United States in Missouri, and the complainant was elected trustee of the estate and qualified as such. … The court said that it would be neither just nor wise to bestow upon foreign corporations having property within this State and exercising powers and privileges here, immunity of exemption from observance of their contracts

People v. Runge

234 Ill. 2d 68 · Illinois Supreme Court · Sep 28, 2009

The trial judge’s discretion clearly extends to the initial decision of whether to interrogate jurors. Dominguez, 226 F.3d at 1246 . … The jurors did not learn of Charlene Runge’s immunity until the aggravation/ mitigation phase of sentencing.

Curatola v. Village of Niles

154 Ill. 2d 201 · Illinois Supreme Court · Jan 28, 1993

Niles asserts that, clearly, under this view, its streets were not intended for use as commercial loading docks. … Plaintiffs, in these bus rider cases, were unsuccessful primarily because they failed to establish their permitted use of the street.

Curatola v. Village of Niles

154 Ill. 2d 201 · Illinois Supreme Court · Jan 28, 1998

Niles asserts that, clearly, under this view, its streets were not intended for use as commercial loading docks. … Plaintiffs, in these bus rider cases, were unsuccessful primarily because they failed to establish their permitted use of the street.

Westlake Hospital Ass'n v. Blix

13 Ill. 2d 183 · Illinois Supreme Court · Jan 24, 1958

This they clearly would have had the power to do unless their action was invalidated by the presence of additional directors improperly selected. … Plaintiffs further argue that two members of the 15-man board were not qualified to hold office at the time the bylaws were again amended in 1955.

Morrison v. Kelly

22 Ill. 610 · Illinois Supreme Court · Apr 15, 1859

This we have seen is the principle established in the cases of Doyle v. Teas, Rupert v. Mack, and Mc Connell v. … The defendant’s eleventh instruction was not properly qualified by pointing out which deed from Green to Cushman was referred to, whether the first or last.

Barlick v. Kunz

375 Ill. 318 · Illinois Supreme Court · Dec 12, 1940

Three qualified voters of the township were permitted to file their intervening petition alleging that they voted for appellant and seeking an order directing the judges of election to initial their ballots so that they might … The initialing requirement, it is established, is mandatory, (Lacy v. Rhodes, 369 Ill. 167 ; Sibley v. Staiger, 347 id. 288 ;) it applies to the ballots of absent voters (Greene v. Bjorseth, 350 Ill. 469 ; McCreery v.