Case law

E. A. Meyer Constr. Co. v. Drobnick

49 Ill. App. 2d 51 · Appellate Court of Illinois · May 14, 1964

On the Counterclaim the trial court correctly instructed the jury that.it should not consider-any further sum due for sand for failure to remove 90,000 cubic yards of sand in that the contract qualified the quantity to be … It is a well established rule that where the evidence is conflicting in order for a verdict to be contrary to the manifest weight of the evidence, an opposite conclusion must be clearly apparent. Stone v.

Oakridge Development Company v. The Property Tax Appeal Board

Appellate Court of Illinois · Nov 15, 2010

However, petitioners by their own admission do not qualify for special treatment under section 10-- 30. … Second, although the legislature removed the recapture provision, it included language that quite clearly indicates an intent that present use and two years' prior use as a farm were both required to qualify property for

People v. Calkins

96 Ill. App. 3d 74 · Appellate Court of Illinois · May 5, 1981

The proof clearly established that the respondent mother had a 14-year history of emotional problems. It is undisputed that she interfered with the minor’s medical treatment after the child’s third operation. … This rule, however, is tempered and qualified by the law as related in the case of In re Brooks (1978), 63 Ill. App. 3d 328 , 379 N.E.2d 872 .

Gray v. Pfister

6 F. Supp. 3d 871 · District Court, C.D. Illinois · Dec 5, 2013

Federal circuit precedent does not constitute clearly established federal law as determined by the Supreme Court, . and therefore cannot form the basis for habeas relief under AEDPA. Parker v. … Therefore, Petitioner cannot meet his threshold showing that clearly established federal law, as embodied in Su *884 preme Court precedent, was unreasonably applied by the state court.

Rand McNally & Co. v. Fleet Management Systems, Inc.

591 F. Supp. 726 · District Court, N.D. Illinois · Dec 31, 1983

More than one may be referred to provide the rate tariff clearly specifies the circumstances under which each guide will apply. … Use may be clearly outside of the subject matter of copyright.

People Ex Rel. Armstrong v. Huggins

407 Ill. 157 · Illinois Supreme Court · Sep 21, 1950

They qualified on July 3, 1947, and assumed the duties of their offices. … This court said, “It is difficult to conceive of an act more clearly unconstitutional than said section 89(g).”

Glidden v. FARMERS AUTOMOBILE INS. ASSN.

11 Ill. App. 3d 81 · Appellate Court of Illinois · Apr 17, 1973

The policies were in force and, under their provisions, plaintiff’s wife qualified as an insured. … Plaintiff attempts to distinguish Remsen because, in that case, the insurance company had already made payment to the insured, while here the defendant seeks to have plaintiff”s interest in a dram shop action assigned before establishment

Zych v. Unidentified, Wrecked, and Abandoned Vessel, Believed to Be the SB "Seabird"

811 F. Supp. 1300 · District Court, N.D. Illinois · Dec 21, 1992

clearly without.’” … within them or including a thing falling clearly without.

People v. Inghram

118 Ill. 2d 140 · Illinois Supreme Court · Oct 5, 1987

Joseph (1986), 113 Ill. 2d 36, 41 ), and a party challenging a statute has the burden of clearly establishing its invalidity (People v. Bales (1985), 108 Ill. 2d 182, 188 ). … The two sections clearly are concerned with different circumstances.

People v. Miller

2014 IL App (2d) 120873 · Appellate Court of Illinois · Jun 17, 2014

The court went on to note that defendant would not qualify for first-offender probation because the court “did not think that it would be a proper case for that.” ¶ 11 Defendant moved the court to reconsider … Such facts clearly showed that, unlike the informant in Sparks, Jordan had witnessed defendant engaging in criminal activity.

People v. Dell

77 Ill. App. 2d 318 · Appellate Court of Illinois · Dec 20, 1966

We, therefore, feel that the ownership of the trousers was adequately established at the trial as alleged in the indictment. … The question and answer were clearly improper. However, the trial court effectively cured the error by its prompt admonition to the jury to disregard the exchange.

Teresi v. Department of Employment Security

2022 IL App (3d) 190560 · Appellate Court of Illinois · Jan 19, 2022

Mixed questions of fact and law— those where the historical facts are admitted or established and the sole question involves whether the facts satisfy the statutory standard—may be reversed only when clearly … A clearly erroneous decision leaves the reviewing court “with the definite and firm conviction that a mistake has been committed.”

Rotary International v. Paschen

14 Ill. 2d 480 · Illinois Supreme Court · Sep 18, 1958

These payments are the established obligation of each club and are neither gratuities nor gifts. … In order to qualify property for exemption from taxation, the benefits must accrue to mankind directly and it is not enough that incidental benefits may come to the public as a result of its use.

Undergraduate Student Association v. Peltason

359 F. Supp. 320 · District Court, N.D. Illinois · Jan 10, 1973

This is clearly untrue as to the purported class composed of other organizations similarly situated. … Defendant State Scholarship Commission moves that it be dismissed on the grounds that, as an agency of the State of Illinois, it is immune from suit.

Payne v. United States (In Re Payne)

188 A.L.R. Fed. 649 · United States Bankruptcy Court, N.D. Illinois · Oct 3, 2002

. § 7502 1 which allows a *723 postmark to establish the filing date of a tax return which is mailed before the tax filing deadline. … Clearly, Congress did not intend such a result when it enacted § 7502 to alleviate the inequities caused by disparate postal systems. Miller, 784 F.2d at 730 (§ 7502 is remedial statute).

United States v. Valenzuela

53 F. Supp. 2d 992 · District Court, N.D. Illinois · May 17, 1999

We waste no time on the first prong because Corral is clearly unavailable: he is a fugitive. … In any event, the caselaw clearly establishes that an out-of-court statement about a defendant’s participation in a crime made by the declarant for the purpose of shifting blame or currying favor with authorities is, whether

Dukes v. N.Y.C. Employees' Ret. Sys.

361 F. Supp. 3d 358 · District Court, S.D. Illinois · Feb 25, 2019

This is not a challenge to an established state procedure. Cf. Marino v. … procedures but are rather claimed instances of the failure to follow established procedures.

Coleman v. Hermann

116 Ill. App. 3d 448 · Appellate Court of Illinois · Jul 21, 1983

If they affirmatively show the existence of every fact necessary to entitle plaintiff to recovery and the nonexistence of every defense or if they show as a matter of law that a valid defense has been established by the evidence … The jury’s fact determination will be reversed only if against the manifest weight of the evidence, that is, only if an opposite conclusion is clearly evident. (Gettemy v. Grgula (1975), 25 Ill. App. 3d 625, 628 .)

Kuns v. Robertson

154 Ill. 394 · Illinois Supreme Court · Jan 15, 1895

Any other rule would be productive of the greatest inconvenience, and ought not to be adopted unless the legislative will to that effect is clearly expressed.” … In all such cases, however, “the trust and abuse of it must be clearly established, in accordance with the rules by which courts are governed in administering justice.” (Happy v. Morton, 33 Ill. 398 .)

People v. Harper

91 Ill. 357 · Illinois Supreme Court · Sep 15, 1878

We can not say we are clearly satisfied the constitution has been thereby violated. … The term of office of the chief inspector is limited to two years, not until his successor shall be elected and qualified.