Case law

Bartsch v. Gordon N. Plumb, Inc.

138 Ill. App. 3d 188 · Appellate Court of Illinois · Dec 3, 1985

Although the amount the Plumbs paid was established, there was nothing to indicate that this represented the current value of the business. … Bayard’s previous experience sufficiently qualified him to make such a determination.

Goertz v. Chicago & North Western Railway Co.

19 Ill. App. 2d 261 · Appellate Court of Illinois · Nov 13, 1958

“Manifest means clearly evident, clear, plain, indisputable.” Schneiderman v. Interstate Transit Lines, Inc., 331 Ill.App. 143 . It “. . . requires that an opposite conclusion be clearly evident.” Arboit v. … Plaintiff’s instruction number 4 requiring plaintiff to establish his case by the greater weight would not permit the jury to decide an “evenly balanced” case favorably to plaintiff.

Schloesser v. Schloesser

329 Ill. App. 604 · Appellate Court of Illinois · Nov 19, 1946

We quote, however, the following (pp. 75, 76, 78, 79): “It is well established that whether, under a will, an annuity is payable out of income only or out of principal and income, is always a question of the testator’s intention … This last paragraph is separate from paragraph [A] and we are satisfied that the testator did not intend that it should modify or qualify paragraph [A].

Spectramed, Inc. v. Gould Inc.

304 Ill. App. 3d 762 · Appellate Court of Illinois · Oct 16, 1998

The plain language of both sections 6.05 and 2.04(b) clearly contemplates the applicability of section 2.04(b) to patent infringement claims. … Gould’s letter clearly evinces its concurrence with Spectramed’s intent to continue the manufacture and sale of the existing products.

People v. Reyes

102 Ill. App. 3d 820 · Appellate Court of Illinois · Dec 9, 1981

We hold that there was ample evidence to establish probable cause. … Ikram was qualified as a pathologist, there was no showing that he was qualified to give his opinion as to matters relating to ballistics and firearms.

Rose v. Board of Trustees of the Mount Prospect Police Pension Fund

354 Ill. Dec. 572 · Appellate Court of Illinois · Sep 15, 2011

See 40 ILCS 5/3-114.2 (West 2006). ¶ 71 It is well established that an officer does not qualify for a “line-of-duty” disability pension merely because he was injured while on duty. See Merlo, 383 Ill. … “Although it is true that the Board’s credibility determinations [are to be] afforded considerable weight, they are not immune from review.” Kouzoukas, 234 Ill. 2d at 465; see also Bowlin v.

Hall v. Illinois Property Tax Appeal Board

98 Ill. App. 3d 824 · Appellate Court of Illinois · Jul 23, 1981

In so doing, we must be mindful that the burden is on the person claiming the exemption to prove clearly and conclusively that he is entitled to one. People ex rel. County Collector v. … Neither at the original hearing, nor on remand, did plaintiff establish that the work constituted maintenance and repair under the statute.

Cathedral Rock of Granite City, Inc. v. Illinois Health Facilities Planning Board

308 Ill. App. 3d 529 · Appellate Court of Illinois · Oct 19, 1999

It is not clearly evident that the Board should have denied the CON. … Code § 1110.230(c) (1996)); (2) Rosewood was a qualified health care service provider for the community (77 Ill. Adm.

Board of Trustees v. Village of Glen Ellyn

337 Ill. App. 183 · Appellate Court of Illinois · Mar 8, 1949

Defendant contends that this decision establishes that par. 1-9 of the Cities and Villages Act qualifies the police pension fund provisions to the extent that the certificate of the Secretary of State referred to in par. … It is clearly established that the Police Pension Fund Act is mandatory upon municipalities (People v. Abbott, 274 Ill. 380 ; Donadue v. Board of Trustees, 263 Ill.

CitiMortgage, Inc. v. Adams

2015 IL App (5th) 130470 · Appellate Court of Illinois · Aug 21, 2015

The letter also informed defendants they may qualify for other options. ¶ 13 On May 16, 2013, the circuit court entered an order that reset the matter for confirmation of sale. … Plaintiff to complete review of Defendants[’] request to participate in foreclosure prevention program and properly notify Defendants of its determination.” ¶ 38 The language of this order clearly establishes

People v. James

200 Ill. App. 3d 380 · Appellate Court of Illinois · Aug 2, 1990

Under these circumstances, K.S.’s statement qualifies as a spontaneous utterance and was properly admitted into evidence. … is required to establish the commission of the offense charged ***.”

Taylor v. POLICE BD. OF CITY OF CHICAGO

355 Ill. Dec. 868 · Appellate Court of Illinois · Nov 4, 2011

The court noted that such findings are entitled to "extreme deference" and are not subject to reversal unless "clearly erroneous." … disclosing its reasoning, was clearly erroneous.

Midwest Micro Media, Inc. v. MacHotka

76 Ill. App. 3d 698 · Appellate Court of Illinois · Sep 25, 1979

For such an injunction to issue, the plaintiff must establish: (1) that he possesses a certain and clearly ascertained right which needs protection; (2) that he will suffer irreparable injury without the protection of an … We conclude that the plaintiff has not established his right to a preliminary injunction in compliance with these requirements.

Blessing/White, Inc. v. Zehnder

329 Ill. App. 3d 714 · Appellate Court of Illinois · Mar 29, 2002

Essentially, the Act establishes two methods by which corporate income will be divided among Illinois and the other jurisdictions in which the taxpayer conducts business. … The Department characterizes its ruling as a mixed question of fact and law and, therefore, urges for review under the clearly erroneous standard.

Edwards v. Commuter Rail Division of the Regional Transportation Authority

2023 IL App (2d) 220437-U · Appellate Court of Illinois · Nov 14, 2023

Governmental immunity applied because plaintiff’s complaint alleged that pedestrians used the property but did not establish that defendant intended the property for pedestrian use. … Clearly its use by pedestrians was not expected or intended for any purpose.

People v. Ross

139 Ill. App. 3d 674 · Appellate Court of Illinois · Dec 30, 1985

Section 122 — 2.1 establishes the following review procedure for post-conviction petitions: “Dismissal order — Docketing—Examination of file of conviction proceedings. … Once a petitioner satisfies this minimal standard in the trial court, he is eligible to qualify as an indigent for court-appointed counsel. Ill. Rev. Stat. 1983, ch. 38, par. 122 — 4.

Adco Services, Inc. v. Bullard

256 Ill. App. 3d 655 · Appellate Court of Illinois · Dec 21, 1993

The only question certified to this court for appeal, however, was what type of immunity applies to the letters. … The allegedly defamatory matters clearly were connected with or relative to the instant cause. All doubts will be resolved in favor of relevancy or pertinency, for an absolute privilege to apply. (Harrell v.

Stanfield v. Medalist Industries, Inc.

34 Ill. App. 3d 635 · Appellate Court of Illinois · Dec 24, 1975

The principles applicable to summary judgment proceedings are well established. Section 57 of the Civil Practice Act (Ill. Rev. … We find that Winnett is clearly distinguishable from the case at bar.

In re Marriage of Shen

2015 IL App (1st) 130733 · Appellate Court of Illinois · Aug 19, 2015

of a child’s attorney and a child’s guardian ad litem who acts as an arm of the court in assisting in a neutral determination of the child’s best interests” and to aid the court “must be accorded absolute immunity … The party seeking modification bears the burden of establishing a substantial change of circumstances.

In Re Estate of Goodkind

356 Ill. App. 3d 607 · Appellate Court of Illinois · Mar 14, 2005

Goodkind, the testator, did not, as it has been represented to the Court in the hearing, have anything that would qualify, really as substantial personal effects, household goods, automobiles, and other goods and chattels … As we have pointed out earlier, latent ambiguity is not established unless it is possible to interpret the language actually deployed in the will to be in alignment with the intent established by extrinsic evidence.