Case law

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.

People v. Allen

32 N.E.3d 615 · Illinois Supreme Court · May 21, 2015

to qualify as “other evidence” would make the requirement of an affidavit surplus. … - 24 -  immune from summary dismissal.

People v. Einoder

209 Ill. 2d 443 · Illinois Supreme Court · Apr 1, 2004

“Statutes are presumed to be constitutional, and the party challenging the validity of the statute has the burden to clearly establish the constitutional invalidity.” Cryns, 203 Ill. 2d at 290 . … The defendant filed a motion to dismiss the complaint, alleging that section 21 — 6 was unconstitutionally vague because it does not adequately define who qualifies as a “chief security officer.”

People v. Coates

109 Ill. 2d 431 · Illinois Supreme Court · Oct 18, 1985

Clearly, Nanette’s credibility was a central issue in the case, and information regarding her previous false accusations — as well as other DCFS information which might establish a motive for such accusations — was relevant … An erroneous procedure was employed by the trial court, and the majority has endorsed a method by which protective orders are immune to the rigors of appellate review.

Mancini Law Group, P.C. v. Schaumburg Police Department

454 Ill. Dec. 762 · Illinois Supreme Court · Dec 16, 2021

As established, however, the Department did not redact names appearing on the traffic accident reports. … Also, the court held section 7(1)(c) exempted dates of birth and policy account numbers as qualifying as “personal information.” See id. § 7(1)(c).

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.

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.

People v. Smith

152 Ill. 2d 229 · Illinois Supreme Court · Oct 15, 1992

In Katz, the United States Supreme Court established the principle that the “Fourth Amendment protects people, not places.” … Hope (1990), 137 Ill. 2d 430 (trial court’s refusal to life-qualify jurors on a motion by defendant held not to constitute per se error).

Doggett v. Dill

108 Ill. 560 · Illinois Supreme Court · Jan 23, 1884

Doggett, appellant, who was named as executrix, qualified as such in the probate court of Cook county. Doggett, at the time of his death, and for many years before, was a member of the firm of Doggett, Barrett & Hills. … regard to the state of the accounts between the partners themselves, or to the ability of the survivor to pay. ” Lindley on Partnership, 1053, says: “Whatever doubt there may formerly have been upon the subject, it was clearly

Sellers v. Kincaid

303 Ill. 216 · Illinois Supreme Court · Apr 19, 1922

subject to the qualification usually stated in the cases, that the verdict is not clearly against the weight of the evidence.” … This rule is clearly laid down in Donovan v. St. Joseph’s Home, 295 Ill. 125 , where the cases pertaining to the matter have been reviewed.

Curry v. Cotton

356 Ill. 538 · Illinois Supreme Court · Apr 21, 1934

Butter-worth qualified and letters testamentary were issued to him. The widow, together with Robert A. Learnard and Josephine L. … The fact that the joint will was produced for probate by the widow establishes prima facie that the instrument as a contract was delivered.

People Ex Rel. Fanz v. Dopp

343 Ill. 521 · Illinois Supreme Court · Apr 23, 1931

Dopp, Jr., was the duly elected and qualified president of the board of education of district No. 95 ; that the district was thickly populated, with many families, and that large numbers of children of school age were in … An act of the legislature is presumed to be valid, and only when it clearly conflicts with the constitution will it be declared void. (Michaels v. Hill, 328 Ill. 11 .)

People v. Erickson

117 Ill. 2d 271 · Illinois Supreme Court · Oct 5, 1987

And I agree that this case does not clearly implicate the retroactivity of a new principle of Federal constitutional law. Neither of these facts, however, justifies the court’s summary rejection of Griffith. … Needless to say, no such interest has been established here. I would reverse and remand for a new trial. CHIEF JUSTICE CLARK joins in this dissent.

Cunningham v. Brown

22 Ill. 2d 23 · Illinois Supreme Court · Jan 20, 1961

Clearly the mere statement of a claim in several ways, by multiple counts, does not warrant separate appeal; and a trial court, where such is the case, cannot confer appellate jurisdiction by a finding that there is no just … a liability without fault and not an immunity from full compensatory damages where there is fault.

Chapski v. Copley Press

92 Ill. 2d 344 · Illinois Supreme Court · Oct 22, 1982

He urges that the decisions below give defendants a broad immunity in libel actions which is unwarranted. Twenty years ago in John v. Tribune Co, (1962), 24 Ill. 2d 437 , cert. denied (1962), 371 U.S. 877 , 9 L. … App. 3d 452, 457 (“[t]he appellate court is not the appropriate forum to seek a change in this well-established rule of law”).

City of Chicago v. Weir

165 Ill. 582 · Illinois Supreme Court · Mar 12, 1897

It needs no evidence to establish the fact that it costs more to tunnel through rock than earth. But if such evidence is required it will be found in the record. … These provisions of the contract are plain and free from ambiguity, and, giving the language used in the contract its plain and ordinary meaning, it seems evident that plaintiffs were clearly entitled to recover two dollars

O'CALLAGHAN v. Waller & Beckwith Realty Co.

15 Ill. 2d 436 · Illinois Supreme Court · Nov 26, 1958

To establish the existence of a widespread housing shortage the plaintiff points to numerous statutes designed to alleviate the shortage, (see Ill. Rev. … The use of a form contract does not of itself establish disparity of bargaining power.

People v. Williams

143 Ill. 2d 477 · Illinois Supreme Court · Aug 14, 1991

This court is required to initially presume that all statutes are constitutional and the party who challenges a statute must clearly establish the alleged constitutional violation. … The bond requirement under the statute was unconstitutional because it amounted to a substantive condition which qualified or restricted the constitutional right of appellate review. Hamilton, 53 Ill. 2d at 178-79 .

Sanitary District v. Industrial Commission

343 Ill. 236 · Illinois Supreme Court · Feb 18, 1931

At that time he was run down, highly nervous, anaemic, had neuritis, and the doctor immuned him for typhoid fever. The doctor was not able to determine what caused this condition. … It is not the province of the court to substitute its judgment for that of the commission unless the court can see that the finding of the commission was clearly and manifestly against the weight of the evidence.

Virginia Surety Company v. Northern Insurance Company of New York

Illinois Supreme Court · Jan 19, 2007

Stevens, 70 Ill. 2d at 46 (noting, “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on the relative degree to which the employer’s misuse of the … This idea is bolstered by our statement in Braye that “an employer’s potential for tort liability exists unless and until the defense of the Workers’ Compensation Act is established.”