Case law

Kinsella v. Board of Education of the City of Chicago

2015 IL App (1st) 132694 · Appellate Court of Illinois · Mar 26, 2015

reading of these same rules and policy statements clearly does not demonstrate. … While evidence regarding retrograde extrapolation is admissible, it must be presented with a proper foundation and testified to by a qualified expert. People v. Ikerman, 2012 IL App (5th) 110299, ¶ 38.

People v. Tilden

26 Ill. App. 3d 447 · Appellate Court of Illinois · Sep 11, 1974

Based on this record, we hold that the defendant failed to make out a prima facie case that the stop was unreasonable, and that the officer’s testimony was clearly sufficient to establish a proper purpose for the stop and … We feel the record adequately establishes that this standard was met.

People ex rel. Gillespie v. Bundesen

277 Ill. App. 169 · Appellate Court of Illinois · Oct 16, 1934

years from January first, and until their successors shall have been' appointed and shall have qualified. … It is perfectly plain the actions of the board of education were clearly in defiance of the judgment and were taken with the purpose of defeating it. ’ ’ In that case the Supreme Court took occasion to approve the ruling

National Surety Corp. v. Fast Motor Service, Inc.

213 Ill. App. 3d 500 · Appellate Court of Illinois · May 3, 1991

Industrial Comm’n (1936), 364 Ill. 161 , 4 N.E.2d 82 , is clearly distinguishable. … In the present case Fast Motor established that Mr. Walker had expertise in the area of claims auditing and that he had been hired to conduct an audit of the insurance claims adjusted by National.

People v. Webber

2014 IL App (2d) 130101 · Appellate Court of Illinois · Jul 21, 2014

The court added, however, that “ ‘[a] literal interpretation is not controlling where the spirit and intent of the General Assembly in enacting a statute are clearly expressed, its objects and purposes are clearly … The Secretary is not required to issue a license to everyone who applies; the Secretary shall issue a license “to every qualifying applicant.” (Emphasis added.) 625 ILCS 5/6-110(a) (West 2012).

People v. Hardt

329 Ill. App. 153 · Appellate Court of Illinois · May 29, 1946

Even a possession unlawful as against the person claiming title, but lawful as against the burglar, will suffice. ’ ’ ’ It is well to call attention to certain established rules relative to the construction of indictments … The offense charged in count 2 of the indictment in the instant case was clearly defined and described.

Doe v. Northwestern University

289 Ill. App. 3d 39 · Appellate Court of Illinois · Jun 17, 1997

For all of these counts, we assume that plaintiffs have adequately alleged facts establishing defendants’ duties to plaintiffs and showing that defendants breached those duties. … As the court said in Vallery, 630 So. 2d at 867 : "To recognize a cause of action *** when the presence of HIV is not shown (or, at the pleading stage, alleged), is clearly unsound.

City of Chicago v. Air Auto Leasing Co.

297 Ill. App. 3d 873 · Appellate Court of Illinois · Jun 29, 1998

Regardless, an exception made for transfers in the ordinary course of business would be contrary to the purpose of the citation process since service of a citation to discover assets is clearly designed to ascertain and freeze … Thus, he cannot invoke the protection afforded to corporate officers by the qualified privilege.

In Re Marriage of Hillinger

146 Ill. App. 3d 549 · Appellate Court of Illinois · May 1, 1986

B Clearly, the question becomes one of determining when exactly the final order was entered in this case. … Clearly, Gwendolyn’s motion does not specify any of the first four forms of relief enumerated in the statute.

Calomino v. Board of Fire & Police Commissioners

273 Ill. App. 3d 494 · Appellate Court of Illinois · Jun 21, 1995

Plaintiff next contends that the evidence fails to establish that his actions on July 12, 1990, violated any departmental rules or otherwise constitute cause for discharge. … Although this reluctance does not rise to the level of absolute immunity, laches does not apply to the exercise of governmental powers except under compelling circumstances.

Department of Health Care and Family Services v. Cortez

367 Ill. Dec. 374 · Appellate Court of Illinois · Dec 7, 2012

However, unless a dismissal for lack of jurisdiction is otherwise qualified, it is without prejudice (Sherrod v. Ramaswamy, 314 Ill. … Clearly, the trial court’s order regarding custody in this case was not a “custody judgment” under Rule 304(b)(6).

Miller v. Craig

16 Ill. App. 133 · Appellate Court of Illinois · Feb 5, 1885

its face did not establish, the payment of the note prima faoie. … Besides, if it were clearly established that the claim was barred at the time the $900 and $1,700 items were paid by W. E.

O'CONNELL BY NELSON v. City of Chicago

285 Ill. App. 3d 459 · Appellate Court of Illinois · Nov 27, 1996

Act (Tort Immunity Act) (745 ILCS 10/3 — 102(a) (West 1992)). … Second, we must establish the standard to be used when we examine the trial court’s ruling.

American Family Mutual Insurance Company v. Tyler

68 N.E.3d 442 · Appellate Court of Illinois · Nov 22, 2016

The elements of a bailment claim are (1) an express or implied agreement to establish a bailment, (2) delivery of the property in good condition, (3) the bailee’s acceptance of the property, and (4) the bailee’s failure … ¶ 17 In Village of Bloomingdale, our supreme court addressed whether a quasi-contract claim qualifies as a claim asserting a public entity’s liability “based on contract” and thus is excepted from the immunity granted

Cook v. Gould

109 Ill. App. 3d 311 · Appellate Court of Illinois · Sep 23, 1982

The presentation of evidence on those issues would clearly be prejudicial and impugn the defendant’s character. The granting of a motion in limine is a matter within the discretion of the trial court. … Under the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, par. 3 — 102), the city of Joliet has a duty to maintain its streets in a reasonably safe condition.

Morrison v. Chicago Board of Education

188 Ill. App. 3d 588 · Appellate Court of Illinois · Sep 12, 1989

full year school basis and he was five years of age on September 4, 1988; (b) his statutory right to an equal education entitles him to enrollment; or (c) reading the statute and rules literally, his birth date actually qualified … clearly and unambiguously enacted.

Schmidt v. Niedert

45 Ill. App. 3d 9 · Appellate Court of Illinois · Dec 30, 1976

A writing qualifies as “other evidence of indebtedness in writing” under section 16 only when one need not resort to parol evidence to establish the vital elements of the agreement. … This principle was delineated clearly in the recent case of Estate of Garrett v. Garrett (1975), 24 Ill.

People v. E.H.

299 Ill. App. 3d 42 · Appellate Court of Illinois · Sep 1, 1998

Although the court reasoned that the State’s promise of immunity to the accomplice undermined the credibility of the accomplice, it also included in its consideration other circumstances that provided reasonable doubt as … To qualify as hearsay, the statement, oral or written, must be offered to establish the truth of the matter asserted. People v. Simms, 143 Ill. 2d 154, 173 (1991); R.

Dudley v. BD. OF EDUC., BELLWOOD SD

260 Ill. App. 3d 1100 · Appellate Court of Illinois · Mar 18, 1994

Sections 24—11 and 24—12 are intended to assure continuous service on the part of qualified and experienced teachers. (Johnson v. … Thus, although article 24A may reasonably be construed to provide certain benefits and protections to tenured teachers, sections 24 — 12 and 24 — 16 clearly articulate that the remedy available for violation of the statute

People v. Delaney

2024 IL App (5th) 240231 · Appellate Court of Illinois · May 8, 2024

The sole issue on appeal is whether the charged offense was a qualifying offense as defined in section 110-6.1(a)(1.5). … Nor was it necessary for Rodriguez to determine such issue where the defendant in that case clearly contemplated and used force capable of great bodily harm by driving away while part of an officer’s body was in the vehicle