Case law

Tomlinson v. Dartmoor Construction Corp.

206 Ill. Dec. 371 · Appellate Court of Illinois · Dec 16, 1994

OPINION I Initially, defendant contends that the trial court erred in determining that plaintiffs successfully established defendant’s liability for breach of contract. … For the trial court’s judgment to be against the manifest weight of the evidence, an opposite conclusion must be clearly evident. (See Hamel, 230 Ill. App. 3d at 256 .)

People v. Malone

71 Ill. App. 3d 231 · Appellate Court of Illinois · May 4, 1979

The severity of the sanctions established by the act provides another indication that strict liability was not intended. … App.3d 478, 483 , "We recognize that a situation may arise where a public official's interest in a contract, upon which he might be called to act or vote, may be so slight as to fail to qualify as `an interest in contract

People v. Liberg

138 Ill. App. 3d 986 · Appellate Court of Illinois · Dec 10, 1985

Consequently, defendant has not established any prejudice as a result of trial defense counsel’s alleged error. … Zi-poryn had authored a book during direct examination while qualifying him as an expert. The State added the information about the title, however that was not dwelt upon.

Maun v. Department of Professional Regulation

Appellate Court of Illinois · Sep 3, 1998

The party chal­ lenging the statute bears the burden of "clearly establishing that the statute is unconstitutional." Rehg v. … A decision is contrary to the manifest weight of the evidence only where the opposite conclu­sion is clearly evident. Caldwell v. Department of Profes­sional Regulation , 292 Ill.

People v. Crose

194 Ill. App. 3d 97 · Appellate Court of Illinois · Jan 19, 1990

Clearly, defense counsel was not conceding defendant’s guilt. … Both defendants contend that the trial court erred in finding her qualified to testify as an expert witness.

Union Planters Bank, N.A. v. Thompson Coburn LLP

Appellate Court of Illinois · Jun 3, 2010

The evidence at the trial established that a qualified corporate trustee was licensed under a regulatory body as a corporation to be engaged in the offering of trust services to the public. … "Rather, to establish her injury, the plaintiff must establish that she incurred additional attorney fees." Nettleton, 387 Ill. App. 3d at 755.

People v. Bonslater

261 Ill. App. 3d 432 · Appellate Court of Illinois · May 2, 1994

Mares’ testimony along with the stipulated testimony of the police laboratory chemists established every element of the offense and was sufficient to support defendant’s conviction of possession of a controlled substance … Although we do not believe that this testimony was "so improbable and unsatisfactory” that no rational trier of fact could have believed it, it definitely raised numerous questions and clearly was not immune from attack.

Ciacco v. City of Elgin

85 Ill. App. 3d 507 · Appellate Court of Illinois · Jun 25, 1980

While the testimony of Kyser, the plaintiffs’ expert, did clearly express the opinion that certain properties would not be benefited by the special service area, he was testifying as an expert on behalf of the plaintiffs, … and the trial court was not obligated to accept his opinion as establishing a fact.

Blake v. City of Pontiac

49 Ill. App. 543 · Appellate Court of Illinois · Dec 12, 1893

The building of a city calaboose and the regulations for the detention of prisoners to answer charges against the ordinances of the city are clearly within its police powers, and are not in their nature corporate acts. … This was an act the city was incapable of doing except through its constituted officer, the city marshal, or some other person duly qualified by law to act.

People v. Garrett

2024 IL App (1st) 221224-U · Appellate Court of Illinois · Jun 14, 2024

He denied that the reason he “got away with lying” on direct examination was because he had been granted immunity. … was clearly invited.”

Brichacek v. Hampton

54 Ill. App. 2d 284 · Appellate Court of Illinois · Dec 9, 1964

Negligence or contributory negligence becomes a question of law only when the evidence is so clearly insufficient to establish due care that all reasonable minds must reach that conclusion. Pennington v. … Donald Miller was a witness on behalf of the plaintiff, and qualified himself as an expert in orthopedics.

In Re Ross

29 Ill. App. 3d 157 · Appellate Court of Illinois · Jun 4, 1975

Apparently the trial court felt qualified to question and analyze the testimony of psychologists. … It may very well be that the trial court was so qualified, but such separate testing and conclusions derived therefrom not shown of record would require reversal.

Carrico v. Delp

141 Ill. App. 3d 684 · Appellate Court of Illinois · Mar 10, 1986

A previous course of dealing may give meaning to or qualify an agreement. (Restatement (Second) of Contracts sec. 223, at 157-60 (1981).) … The primary objective in construing a contract is to give effect to the parties’ intent, greater regard being given to such intent when clearly revealed than to any particular words used.

Moscardini v. COUNTY OFFICERS ELECTORAL BD. OF DU PAGE CTY.

224 Ill. App. 3d 1059 · Appellate Court of Illinois · Mar 13, 1992

These six affidavits, which were the only evidence submitted in support of Guardalabene’s objections, clearly constituted hearsay evidence. … Furthermore, Geraldine’s affidavit and the other affidavits submitted by plaintiff contain specific factual statements establishing that she was present when each voter signed plaintiff’s petition.

Scott & Fetzer Co. v. Montgomery Ward & Co.

129 Ill. App. 3d 1011 · Appellate Court of Illinois · Dec 24, 1984

In the case before us, the loss sustained was clearly outside the realm of economic loss. … Hence, paragraph 10 clearly and unambiguously establishes the intent of Burns and Wards regarding the failure of the Bums’ system to operate properly.

People v. Martinez

462 Ill. Dec. 272 · Appellate Court of Illinois · Sep 24, 2021

Initially, defendant testified that decedent came out of nowhere, but he later admitted on cross-examination that he could clearly see the sidewalk area prior to approaching it. ¶ 39 Aside from defendant … offense, not whether he would now be convicted of the qualifying offense, and his argument should be rejected under the plain language of the statute.

Weiss Medical Complex, Ltd. v. Kim

87 Ill. App. 3d 111 · Appellate Court of Illinois · Jun 25, 1980

Consequently, no affirmative action on restrictive covenants was taken by a qualified majority of the board of directors. Under such circumstances, the board’s action was voidable. … That case is clearly distinguishable from the present matter.

People v. Bruce

75 Ill. App. 3d 1042 · Appellate Court of Illinois · Aug 29, 1979

The defendant points out that the first sentence of section 110 — 7(g) is qualified by the later sentence that authorizes the court to enter judgment for the amount of bail provided in the bond only if the defendant fails … More importantly, the remarks of the trial court clearly indicate that the court would have set the forfeiture aside had one been declared as the defendant appeared within 30 days and entered a plea of guilty to the initial

Robbins, Coe, Rubinstein & Shafran, Ltd. v. Ro Tek, Inc.

23 Ill. App. 3d 705 · Appellate Court of Illinois · Oct 8, 1974

Nevertheless the mandatory application of these provisions has been qualified by the United States Supreme Court on two occasions. In Casey v. … Reynolds, our supreme court specificaUy recognized that “[a]ny person, whether resident or not of the county in which the original judgment is rendered, may be summoned as a garnishee,” reasoning that the legislature clearly

Jameson v. Williams

444 Ill. Dec. 855 · Appellate Court of Illinois · Jun 26, 2020

BACKGROUND ¶3 On October 22, 2018, Eric filed a petition to establish a parent-child relationship, parenting responsibilities, and parenting time with A.J. … The minor was due for immunization shots. While in the room, the minor woke up and was upset. Courtney began to breastfeed the minor to soothe her.