Case law

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  • Grosse v. Terminal Railroad

    307 Ill. App. 414 · Appellate Court of Illinois · Oct 28, 1940

    From the language in section 5, directing that “all subsequent (as well as initial) selections shall be made from such list until all persons thereon qualified to serve have been selected, or until the expiration of two years … from the time of making such list,” it clearly appears that the jury list is to be made only once in two years, unless for some reason it is necessary to make a subsequent list during such two years.

    Cited 0 timesPublished
  • Citizens Utility Board v. Illinois Commerce Commission

    275 Ill. App. 3d 329 · Appellate Court of Illinois · Aug 25, 1995

    In order to qualify for Rate CS, these customers would have to file a written application with Edison as well as an affidavit stating the customer’s intent to bypass Edison’s system. … Clearly, both the filing of the proprietary contracts "for informational purposes” and the failure to keep the same open for public inspection contravene the language of the Act.

    Cited 5 timesPublished
  • Elward v. Peabody Coal Co.

    9 Ill. App. 2d 234 · Appellate Court of Illinois · Mar 21, 1956

    Plaintiff asserts that the stock option must fail because it is not upon terms and conditions approved by a qualified majority of the directors. … Plaintiff argues that of the three directors, two others could be fairly regarded as interested and dominating, leaving only one clearly disinterested director.

    Cited 10 timesPublished
  • Cowger v. IC

    Appellate Court of Illinois · Apr 17, 2000

    She also knew claimant was a qualified driver who was working for TLC, and she was not particularly concerned that he would fail the drug test or the written driver's test. … App. 3d 988, 994 (1988) (circumstances sufficient to establish centralized and fixed employment situs in Illinois even though employment contract was made in Indiana).

    Cited 0 timesPublished
  • Kotvan v. Kirk

    Appellate Court of Illinois · Mar 30, 2001

    A jury's verdict is against the manifest weight of the evidence if the opposite conclusion is clearly evident or if the jury's findings are unreasonable, arbitrary and not based upon any of the evidence. Maple v. … In a medical malpractice case, the plaintiff must establish the standards of care against which the physician's conduct is measured by the use of expert testimony. Knight v. Haydary , 223 Ill.

    Cited 0 timesPublished
  • People v. Rodgers

    2025 IL App (2d) 240327-U · Appellate Court of Illinois · Nov 7, 2025

    On this direct appeal, he raises two issues: (1) whether his sentence of seven years is excessive, and (2) whether the statute establishing UPWF (720 ILCS 5/24-1.1(a) (West 2020)) is unconstitutional. … However, the court was clearly questioning Grant about defendant and the apartment.

    Cited 2 timesUnpublished
  • People v. Downer

    2021 IL App (2d) 200158-U · Appellate Court of Illinois · Dec 1, 2021

    ” ¶ 49 This argument requires us to review how a party establishes that a witness is qualified under Rule 702 to give expert testimony. … Officer Piton encountered Ramirez on the street after the attack and uttered, “Whoa”—clearly shocked by Ramirez’s injuries. He, like Ramirez, indicated that the injury to her left eye was severe.

    Cited 0 timesUnpublished
  • People v. Valdez

    230 Ill. App. 3d 975 · Appellate Court of Illinois · Jun 19, 1992

    Likewise, the record clearly reveals sufficient evidence to link defendant to the garage and the Cadillac at 24th Street. Police testimony revealed that defendant had been at the garage on 24th Street several times. … While the general rule in Illinois is that a chemist need only test a random sample in order to be qualified to render an opinion as to the makeup of the entire substance before him, this rule is not without limitation.

    Cited 17 timesPublished
  • Murphy v. Springfield Park District

    2019 IL App (4th) 180662 · Appellate Court of Illinois · Jun 2, 2020

    First, the court found Murphy failed to establish a genuine issue of material fact as to actual or constructive notice. … App. 3d at 792. ¶ 60 Whether conduct qualifies as willful and wanton is generally an issue of fact for the jury. Cohen v. Chicago Park District, 2017 IL 121800, ¶ 27, 104 N.E.3d 436.

    Cited 3 timesPublished
  • People v. Curtis

    48 Ill. App. 3d 375 · Appellate Court of Illinois · Apr 26, 1977

    Given the limited and clearly drawn viable issues at trial we are at a loss to explain how the tardy receipt of the results of the analysis would per se mandate reformulation of defendants’ theory of defense. … While not conclusive, such testimony tended to establish the relevance of the recovered revolver in the case at bar.

    Cited 24 timesPublished
  • People v. Karim

    Appellate Court of Illinois · Jul 28, 2006

    Ct. 1860, 1879 (1961) (A ' The ultimate test [for admissibility] remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness. … The reason behind Supreme Court Rule 341(e)(7) is well established. " 'A reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented [citation], and it is

    Cited 0 timesPublished
  • Knass v. Madison & Kedzie State Bank

    269 Ill. App. 588 · Appellate Court of Illinois · Mar 6, 1933

    It is urged that the remedy at law was complete, but that clearly was not the case. Moreover, the rule that equity will not take jurisdiction where there is a remedy at law is a qualified one. It is so held in Barton v. … The cases cited are clearly distinguishable.

    Cited 5 timesPublished
  • In Interest of Jtc

    273 Ill. App. 3d 193 · Appellate Court of Illinois · Jun 29, 1995

    She did not assist respondent in determining what jobs she might be qualified for or help her establish any job skills. Respondent did initiate some employment on her own, but did not follow through by keeping the jobs. … The record in this case clearly supports the trial court's finding of unfitness.

    Cited 25 timesPublished
  • Williams v. Hardy

    214 Ill. App. 3d 1014 · Appellate Court of Illinois · Jun 7, 1991

    given, but the beneficiary is entitled to receive so much of the legacy or interest given to him by the will as does not exceed the value of the share of the testator’s estate to which he would be entitled were the will not established … The Supreme Court concluded in Roth, “[t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

    Cited 1 timesPublished
  • People v. Randall

    466 Ill. Dec. 401 · Appellate Court of Illinois · Sep 8, 2022

    The parties stipulated that defendant had previously been convicted of a qualifying felony offense. The State rested, and the trial court denied defendant’s motion for a directed verdict. … “A finding is against the manifest weight of the evidence when the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.”

    Cited 2 timesPublished
  • Baxter v. Continental Illinois National Bank & Trust Co. of Chicago

    304 Ill. App. 117 · Appellate Court of Illinois · Feb 23, 1940

    Thereafter, January 31, 1936, Baxter was appointed administrator de bonis non with the will annexed of Montgomery’s estate, under which appointment he qualified on February 17, 1936. … It thus clearly appears that if any liability did attach to defendant by reason of the alleged overpayment of its claim plaintiff is precluded from recovery by reason of the revival of his guaranty on the note to the extent

    Cited 7 timesPublished
  • Barber-Colman Co. v. a & K Midwest Insulation Co.

    236 Ill. App. 3d 1065 · Appellate Court of Illinois · Nov 13, 1992

    The motion stated that suit on the bond was filed February 21, 1991, and that in order to qualify under the terms of the bond A & K must have worked on the construction project after February 21, 1990. … that one or more of them was so clearly unfounded in fact that a trial would be a useless expenditure of limited resources, became obvious. * * * Summary judgments themselves were first established by statute in England

    Cited 0 timesPublished
  • Fan v. AUSTER CO., INC.

    389 Ill. App. 3d 633 · Appellate Court of Illinois · Mar 30, 2009

    The records clearly show that the building owners/managers did not have regular routine maintenance of the elevator equipment by a qualified elevator contractor *** to perform monthly maintenance. 7. Mary E. … “The basic rationale for this doctrine of lessor immunity is that a lease is a conveyance of property which ends the lessor’s control over the premises, a prerequisite of tort liability.” Guerino, 273 Ill.

    Cited 18 timesPublished
  • U.S. Bank National Association v. Kasimir

    2022 IL App (1st) 220712-U · Appellate Court of Illinois · Nov 30, 2022

    Kasimir that mere payment of the trial payments was insufficient to qualify for a permanent loan modification. Mr. … the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly

    Cited 1 timesUnpublished
  • People ex rel. Critton v. American National Bank & Trust Co.

    172 Ill. App. 3d 897 · Appellate Court of Illinois · Aug 1, 1988

    The publication and time lapse provisions of those two laws are clearly mandatory and neither was followed prior to passage of the levy ordinance in issue. … Thus, the Dougherty rule as later qualified is consistent with the rule we follow here.

    Cited 1 timesPublished

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