Case law

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  • People ex rel. Frank v. Streuber

    227 Ill. App. 444 · Appellate Court of Illinois · Nov 16, 1922

    The statute fixed his term of office at two years and until his successor is elected and qualified. J. & A. Ill. St. ¶ 1285 [Cahill’s Ill. St. ch. 24, ¶ 15]. … It also expressly provides that a voter may vote for some one whose name is not printed “by writing in the name of the candidate of his choice in a blank space on said ticket, marking a cross (X) opposite thereto,” thus clearly

    Cited 0 timesPublished
  • People v. Beers

    2021 IL App (5th) 200216-U · Appellate Court of Illinois · Jul 19, 2021

    While there may be times in which a trial court can clearly determine whether a prior conviction falls within or outside of the 10-year period without these dates, that is not the case in this matter. … ¶ 37 A reviewing court is entitled to have all the issues clearly defined and be provided with meaningful, coherent argument and citation to pertinent authority.

    Cited 1 timesUnpublished
  • People v. Bibbs

    101 Ill. App. 3d 892 · Appellate Court of Illinois · Nov 5, 1981

    She observed the offender walking toward her but could not see him clearly. The offender then led her back to the bedroom. The report did not give a description of the offender’s length of hair or his complexion. … Rebuttal testimony was given by officer Herbert Kluth who stated that he is qualified as an expert on fingerprint analysis. When examining fingerprints, the goal is identification.

    Cited 17 timesPublished
  • People v. Behnke

    41 Ill. App. 3d 276 · Appellate Court of Illinois · Aug 26, 1976

    The principal issue is whether the manual in question qualifies as a learned treatise whose authoritative nature was established, thus bringing it within the Darling rule. … As the emphasized portion of this quotation clearly indicates, in this State there are two acceptable methods of establishing a treatise as a proper subject for use on cross-examination of an expert witness.

    Cited 19 timesPublished
  • People v. English

    Appellate Court of Illinois · Sep 27, 2002

    Mashemier testified he clearly heard Wojcik yell “police” and saw the pointing of weapons by the offenders before the shooting started. … He slammed the door in their faces to prevent them from entering the establishment. To buy some time. To distance his gun and mask from his person."

    Cited 0 timesPublished
  • Smart v. The City of Chicago

    2013 IL App (1st) 120901 · Appellate Court of Illinois · Oct 16, 2013

    Clearly he did not. Smart's one- count complaint sounded in negligence, not premises liability. … Thus, the court found that the park district was immune under the Act.

    Cited 1 timesUnpublished
  • People v. Moody

    199 Ill. App. 3d 455 · Appellate Court of Illinois · May 22, 1990

    The court therefore erred in certifying Bachelder qualified to render an opinion concerning residue test analysis. … Franklin concurred that his written report described Lee as “unconscious” at the scene, but his assertions at trial that Lee lay perfectly still with his eyes closed until Franklin touched him are not clearly contradictory

    Cited 15 timesPublished
  • People v. Pollock

    2014 IL App (3d) 120773 · Appellate Court of Illinois · Dec 16, 2014

    In August of 1994, Pollock brought the victim to a medical clinic in Galva, Illinois, for immunization. When the nurse-practitioner attempted to examine the victim, Pollock became upset. … Without evidentiary support, the trial court’s decision would be against the manifest weight of the evidence; the opposite conclusion would be clearly evident.

    Cited 15 timesPublished
  • Scott v. Leaf River State Bank

    242 Ill. App. 268 · Appellate Court of Illinois · Oct 6, 1926

    Sprecher, trustee, charging that on August 13, 1924, the said Charles Brantner was adjudged a voluntary bankrupt and that the said Hale Scott was appointed trustee and that he duly qualified as such and is the duly qualified … That the said Charles Brantner by reason of the execution of the notes and trust deed became insolvent we think is clearly established by the evidence.

    Cited 3 timesPublished
  • Jenkins v. Dominick's Finer Foods, Inc.

    288 Ill. App. 3d 827 · Appellate Court of Illinois · Jun 10, 1997

    First, the photographs taken of plaintiff’s leg and foot were clearly under plaintiff’s control since he testified that he took the photographs of his leg himself, that the photographs of his foot were taken during that same … In order for a statement to qualify as a party admission, the party offering the statement must establish that (1) the declarant was an agent or employee; (2) the statement was made about a matter over which he had actual

    Cited 15 timesPublished
  • CNA Casualty of California v. E.C. Fackler, Inc.

    361 Ill. App. 3d 619 · Appellate Court of Illinois · Sep 20, 2005

    The exclusions page was clearly titled, “Third-Party Administrators!Insurance Agents and Brokers Endorsement.” (Emphasis added.) … The claims made here clearly are in connection with the “governmental intervention” alleged by CNA. We believe both parts of the exclusion apply to this case.

    Cited 5 timesPublished
  • Ellis v. AAR Parts Trading, Inc.

    357 Ill. App. 3d 723 · Appellate Court of Illinois · May 6, 2005

    The record also established that subsequent to AAR filing its original motion to dismiss, Layug had filed four amended complaints within IV2 years. … Because the ‘entire case and all parties’ would not be before it, the state court clearly is not a suitable and convenient forum.” Nolan, 919 F.2d at 1070 .

    Cited 23 timesPublished
  • Consiglio v. Department of Financial & Professional Regulation

    988 N.E.2d 1020 · Appellate Court of Illinois · Apr 8, 2013

    second factor, the risk that a license may be erroneously revoked under the Act is low, because the Act operates only upon a conviction, the existence of which is a matter of public record which can be established … It concluded that the “legislature likely believed that an action by a State agency to enforce compliance with a wage law involved a public right and was immune from statutes of limitation.” Id. at 727.

    Cited 27 timesPublished
  • Chicago Limousine Service Inc. v. City of Chicago

    Appellate Court of Illinois · Nov 12, 2002

    Rather, in this case, defendant provided an opportunity for any qualified applicant to obtain a limited number of livery licenses and plaintiff took advantage of that opportunity by creating and maintaining a livery business … For these reasons, we find that the facts pled were insufficient to establish the initial element of promissory estoppel, and thus, the entire count of the complaint was properly dismissed.

    Cited 0 timesPublished
  • People v. Mullens

    66 Ill. App. 3d 748 · Appellate Court of Illinois · Nov 29, 1978

    One of the police officers, Officer Ziolkowski, who was qualified to process criminal scenes for latent fingerprints, but not to make comparisons between inked and latent impressions, proceeded to dust the television and … In addition, the officer testified he clearly remembered placing the lifts on the trash can liner.

    Cited 5 timesPublished
  • Moore v. Department of Human Services

    2025 IL App (1st) 240561 · Appellate Court of Illinois · May 7, 2025

    plaintiff sought an evaluation of her eligibility for AABD benefits for the time period from November 1996 through August 2022, when she first began receiving AABD aid, and if found to be qualified … A finding is against the manifest weight of the evidence “only if the 8 No. 1-24-0561 opposite conclusion is clearly evident.” Abrahamson v.

    Cited 0 timesPublished
  • People v. Franzen

    251 Ill. App. 3d 813 · Appellate Court of Illinois · Oct 28, 1993

    To be “manifest,” error must be clearly evident, clear, plain, and indisputable. ( 209 Ill. App. 3d at 373 .) … App. 3d 623 , to argue that the dragging of the victim, Lockwood, from one outdoor location to another does not establish secret confinement. Sykes, however, is clearly distinguishable from the case at bar.

    Cited 21 timesPublished
  • People v. Arriaga

    92 Ill. App. 3d 951 · Appellate Court of Illinois · Feb 2, 1981

    It is well established that one may not deny the commission of an offense and at the same time claim entrapment. (People v. Fleming (1971), 50 Ill. 2d 141, 144 , 277 N.E.2d 872, 874 ; People v. … So too was the qualifying phrase omitted from the issues instruction given over defendant’s objection.

    Cited 14 timesPublished
  • City of Mattoon v. Illinois Labor Relations Board

    2021 IL App (4th) 200417-U · Appellate Court of Illinois · Oct 26, 2021

    applied to the established facts is or is not violated.’ ” AFM Messenger Service, Inc. v. … ¶ 59 Moreover, the Fitzsimmons award did not clearly decide the issue before the Board.

    Cited 0 timesUnpublished
  • People v. Johnson

    Appellate Court of Illinois · Dec 20, 2010

    However, the objections raised below were clearly based on theories different than those defendant presents here. … The analyst was qualified, without objection, as an expert in forensic DNA analysis.

    Cited 0 timesPublished

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