Case law

Israelstam v. United States Casualty Co.

195 Ill. App. 120 · Appellate Court of Illinois · Oct 6, 1915

Keeping clearly in mind this distinction between the right of appeal and the right to sue out a writ of error, viz., that the former is purely a statutory right, while the latter exists independently of the statutes, it manifestly … In pursuance of the provisions above mentioned contained in section 11 of article VI of the Constitution, the Legislature passed an act in 1877 establishing Appellate Courts.

People v. Davis

972 N.E.2d 793 · Appellate Court of Illinois · Jun 27, 2012

Pursuant to the statute’s plain language, by qualifying that a petition may be brought only “after” the notice of summary suspension is served, the legislature -5- … clearly intended that such a petition may not be brought “before” the State serves the defendant with notice of the summary suspension.

People Ex Rel. Schacht v. MAIN INSUR. CO.

114 Ill. App. 3d 334 · Appellate Court of Illinois · Apr 21, 1983

On appeal Main contends that: (1) the trial court erred in holding it had no power to award attorney fees; (2) the trial court erred in admitting certain exhibits into evidence as they did not qualify as business records; … Commercial Alliance Life Insurance Co. (1896), 148 N.Y. 563 , 42 N.E. 1044 ), since clearly it is part of the expenses of administration. (See Magnusson v.

Enbridge Pipelines (Illinois), LLC v. Murfin

2020 IL App (5th) 160007 · Appellate Court of Illinois · Jul 9, 2020

Landowners argued that IEPC would neither constitute a common carrier nor qualify to obtain their property through eminent domain if 90% of the pipeline’s capacity was committed to shipping product owned … IEPC represented that information relating to the identity of the shippers and the capacity contracted to each shipper was “clearly within the protective order.”

Haid v. Tingle

219 Ill. App. 3d 406 · Appellate Court of Illinois · Jun 20, 1991

These principles are firmly established in this State and have been enunciated in a multitude of decisions spanning well over 100 years. E.g., McCausland v. Wonderly (1870), 56 Ill. 410 ; North Chicago Street R.R. … It was the plaintiff’s position that he was entitled to a review of the court’s order of a remittitur because his consent thereto was expressly qualified.

People v. Brannon

2024 IL App (2d) 240059-U · Appellate Court of Illinois · Apr 12, 2024

In order to establish that a defendant should be detained prior to a conviction, the State may prove, by clear and convincing evidence, that: (1) the defendant has committed a qualifying offense; (2) the defendant poses … Clearly, given the fact that defendant was greatly injured in the collisions his flight from 3 Defendant cites People v.

Cummings v. Beaton & Associates, Inc.

249 Ill. App. 3d 287 · Appellate Court of Illinois · Dec 17, 1992

To the extent McDonald’s admits repudiating the settlement agreement in the bankruptcy court, it argues that its conduct was not only justified but mandated by ethical concerns and thus immune from liability. … Clearly, McDonald’s did not. Was there a legal justification for not doing so? Under the material, undisputed facts, the answer is no.

People v. Dismuke

79 N.E.3d 864 · Appellate Court of Illinois · Jun 9, 2017

¶ 44 Possession can be established by evidence of actual possession or constructive possession. People v. Scott, 152 Ill. App. 3d 868, 871 (1987). … The prosecutors gave Smith a proffer of immunity and agreed to write a letter recommending that he receive work release or home monitoring.

People v. Nooner

2026 IL App (1st) 241030 · Appellate Court of Illinois · Jun 24, 2026

establishing that the statute is invalid as applied to him.” … Indeed, “[e]ven where the experts are ‘eminently qualified,’ the [circuit] court need not take their opinions as conclusive on the matter.” John Crane Inc. v.

Berlin v. Nathan

64 Ill. App. 3d 940 · Appellate Court of Illinois · Sep 14, 1978

The jury was also instructed that in filing a lawsuit an attorney must possess and apply the knowledge, skill, care and regard for potential defendants that is ordinarily used and shown by reasonably well-qualified attorneys … But, the plaintiff clearly abandoned any attempt at trial to prove a cause of action against the Nathans for malicious prosecution since in the instructions submitted to the jury, the jury was solely instructed as to willful

People v. Wilborn

2011 IL App (1st) 92802 · Appellate Court of Illinois · Sep 23, 2011

It is well established that these types of decisions are considered matters of trial strategy and are generally immune from claims of ineffective assistance of counsel. People v. … “[Sound trial strategy] embraces the use of established rules of evidence and procedure to avoid, when possible, the admission of incriminating statements, harmful opinions, and prejudicial facts.”

People v. Heiman

286 Ill. App. 3d 102 · Appellate Court of Illinois · Dec 26, 1996

The trial court's premature and clearly biased remarks denied defendant a fair and impartial trial. McDaniels, 144 Ill.App.3d at 462 , 98 Ill.Dec. 948 , 494 N.E.2d 1275 . … Clearly, Mr. King was an individual who had some problems getting his story straight and with the truth in general. The judge's comments did not express a prejudgment of the case.

Hannigan v. Hoffmeister

240 Ill. App. 3d 1065 · Appellate Court of Illinois · Dec 30, 1992

When he first applied for disability benefits in March 1980, his application contained an agreement which stated that he planned to file a workers’ compensation claim and that if he qualified for workers’ compensation payments … The determination of a trial judge will not be disturbed on review unless that determination is so clearly wrong as to constitute an abuse of discretion. (Gill v. Gill (1972), 8 Ill. App. 3d 625 , 290 N.E.2d 897 .)

Matthewson v. Davis

91 Ill. App. 153 · Appellate Court of Illinois · Sep 11, 1900

That George died before the testator, leaving Eollin the only executor of the will, who qualified as such. … We are clearly of opinion they ought not, and for two reasons: first, because appellees in their answer expressly offered to submit the controversy in the case at bar to the trial court, a court of chancery, and afterward

Mohammed v. Hamdard Center for Health & Human Services

2020 IL App (2d) 181017-U · Appellate Court of Illinois · Jan 22, 2020

It is well-established that the tort does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. Schweihs, 2016 IL 120041, ¶ 51. … ¶ 41 Clearly, plaintiff’s proposed allegations, which were as vague as those in his previous complaint, would not have cured the defects in that complaint.

People v. Wayman

379 Ill. App. 3d 1043 · Appellate Court of Illinois · Mar 10, 2008

Mere nudity does not qualify as child pornography. Lamborn, 185 Ill. 2d at 594 , 708 N.E.2d at 355 . … Criminal statutes must be interpreted so that they clearly separate criminal conduct from noncriminal conduct.

People v. Walter

374 Ill. App. 3d 763 · Appellate Court of Illinois · Jun 29, 2007

During their conversation, defendant told Officer Fuchs that he had come from an establishment called Fox and Hounds that serves food and liquor. … In fact, only two of the cases discussed above, Carlson and Nagel, clearly indicate the nature of the officers’ requests.

In Re Proposed Incorporation

166 Ill. App. 3d 146 · Appellate Court of Illinois · Feb 22, 1988

Clearly, proceedings to annex territory that is the subject of incorporation proceedings may not be legally initiated prior to the defeat of the petition to incorporate. ( People v. … To qualify as a "village in fact," the area under consideration must meet the requirements set forth in the appropriate statutory section ( People ex rel. County of Du Page v.

People v. Loggins

432 Ill. Dec. 890 · Appellate Court of Illinois · May 29, 2019

And although the photo shows that it was partly covered by a hat and coat, the handle of the gun was sticking out and clearly accessible. … McCalpine was qualified to opine about the general practices of cocaine distribution. That testimony should not have been admitted as a lay opinion, but the error was clearly harmless.

Rekosh v. Parks

Appellate Court of Illinois · Sep 1, 2000

Construing the plain meaning of the Act, we find that the Act clearly and unambiguously creates a private right of action. … It is further a matter of public interest that the practice of funeral directing and embalming as defined in this Code merit and receive the confidence of the public and that only qualified persons be authorized to practice