Case law

Schloesser v. Schloesser

329 Ill. App. 604 · Appellate Court of Illinois · Nov 19, 1946

We quote, however, the following (pp. 75, 76, 78, 79): “It is well established that whether, under a will, an annuity is payable out of income only or out of principal and income, is always a question of the testator’s intention … This last paragraph is separate from paragraph [A] and we are satisfied that the testator did not intend that it should modify or qualify paragraph [A].

People v. Bradley

22 Ill. App. 3d 1076 · Appellate Court of Illinois · Sep 24, 1974

Petitioner stated that the facts were established by the attached certificate of Dr. S. Lipkin. … Likewise, we do not believe that the evidence adduced by the State regarding the incident in the courtroom clearly and convincingly established that respondent, without provocation, initiated the scuffle in the courtroom.

Blessing/White, Inc. v. Zehnder

329 Ill. App. 3d 714 · Appellate Court of Illinois · Mar 29, 2002

Essentially, the Act establishes two methods by which corporate income will be divided among Illinois and the other jurisdictions in which the taxpayer conducts business. … The Department characterizes its ruling as a mixed question of fact and law and, therefore, urges for review under the clearly erroneous standard.

Kluk v. Lang

125 Ill. 2d 306 · Illinois Supreme Court · Nov 21, 1988

In addition, the principle is well established that the Constitution is not a grant of power to the General Assembly but only checks the latter’s power. (Client Follow-Up Co. v. … In addition, the Election Code elsewhere clearly implies that the party committees in their appointment capacity are to be considered public agencies.

Baxter International, Inc. v. AXA Versicherung

320 F.R.D. 158 · District Court, N.D. Illinois · Mar 30, 2017

Jan, 8, 2016) (“[T]he commencement of the lawsuit does not automatically qualify a company’s internal reports as work product.”) (quoting E.E.O.C. v. Commonwealth Edison, 119 F.R.D, 394, 396 (N.D. … AXA’s response to Baxter’s motion to compel clearly supports this characterization of AXA’s position.

Grissom v. Board of Education

75 Ill. 2d 314 · Illinois Supreme Court · Apr 3, 1979

The minutes of the meeting and the letter are clearly a part of the record. … Board of Education (1977), 67 Ill. 2d 143, 153 , this court stated: “The board’s findings are not, of course, immune from judicial review.

People v. Meisenhelter

317 Ill. App. 511 · Appellate Court of Illinois · Feb 24, 1943

It appears from the record that each defendant signed a waiver of immunity before appearing before the grand jury; that Meisenhelter had consulted with a lawyer in behalf of all of them sometime before they appeared before … On this record we find the trial judge clearly carried the responsibility.

Follett's Illinois Book & Supply Store, Inc. v. Isaacs

27 Ill. 2d 600 · Illinois Supreme Court · Mar 25, 1963

An actual controversy exists and the plaintiffs allege sufficient facts to establish their interest in the controversy, thus coming within the requirements of the Declaratory Judgments Act. Ill. Rev. … Also at note 2, p. 451, “When the term ‘and’ is used, it is presumed to be used in the conjunctive sense, unless the legislative intent is clearly contrary.”

Crowley v. Watson

51 N.E.3d 69 · Appellate Court of Illinois · Mar 2, 2016

Defendants clearly anchored their defense on the total irrelevance of the FOIA issues in the decision-making process involved in terminating Crowley. … ¶ 48 Similarly unavailing is defendants' position that the State of Illinois is immune from liability for punitive damages pursuant to sovereign immunity, inasmuch as the State Lawsuit Immunity Act (Immunity Act) was

In re Marriage of Shen

2015 IL App (1st) 130733 · Appellate Court of Illinois · Aug 19, 2015

of a child’s attorney and a child’s guardian ad litem who acts as an arm of the court in assisting in a neutral determination of the child’s best interests” and to aid the court “must be accorded absolute immunity … The party seeking modification bears the burden of establishing a substantial change of circumstances.

Hamilton v. Scott

762 F. Supp. 794 · District Court, N.D. Illinois · Mar 29, 1991

Thus there is no viable claim from which the officials could be said to be immune. … And even if this Court were now (despite the paucity of authority) to declare such a right to exist, Hamilton could have no Section 1983 claim against defendants because such a right was not “clearly established" at the time

Bartsch v. Gordon N. Plumb, Inc.

138 Ill. App. 3d 188 · Appellate Court of Illinois · Dec 3, 1985

Although the amount the Plumbs paid was established, there was nothing to indicate that this represented the current value of the business. … Bayard’s previous experience sufficiently qualified him to make such a determination.

The Carle Foundation v. Cunningham Township

2016 IL App (4th) 140795 · Appellate Court of Illinois · Feb 11, 2016

Establishing an Exemption for the First Time ¶ 62 Although the General Assembly has categorically exempted certain real estate from taxation (35 ILCS 200/15-35 to 15-185 (West 2014)), anyone wishing to establish … App. 3d 734, 741 (2008).) ¶ 78 In addition to establishing this “new category of ownership for [the] charitable property tax exemption,” the legislature intended, in section 15-86, to “establish quantifiable

People v. Hammond

2011 IL 110044 · Illinois Supreme Court · Dec 1, 2011

R. 210 (Aug. 1, 2006)), that established a procedural preference for sanctions over revocation proceedings where qualifying violations are concerned. … Under those circumstances, the department must be able to verify and document risk factors surrounding the violation, which clearly establish that administrative sanctioning is inappropriate

Russell Stewart Oil Co. v. State

124 Ill. 2d 116 · Illinois Supreme Court · Sep 22, 1988

Public Acts 84 — 223 and 84 — 220, effective September 1, 1985, amend both acts to establish a different tax rate structure for sales of gasohol containing ethanol which is distilled in Illinois or in a State which offers … The statutes legislate expressly in terms of State boundaries, drawing a distinction between gasohol qualifying and not qualifying for the tax benefit on the basis of the origin of the distilled ethanol used to produce gasohol

People ex rel. Forrest v. Winston-Bey

252 Ill. App. 3d 924 · Appellate Court of Illinois · Aug 19, 1993

The decision of the trier of fact will not be reversed on appeal unless it is clearly erroneous. Gulley, 198 Ill. App. 3d 91 , 555 N.E.2d 752 . … In this case, the jury found it was reliable and, based on Boonlayangoor’s testimony, that finding was not clearly erroneous.

Goertz v. Chicago & North Western Railway Co.

19 Ill. App. 2d 261 · Appellate Court of Illinois · Nov 13, 1958

“Manifest means clearly evident, clear, plain, indisputable.” Schneiderman v. Interstate Transit Lines, Inc., 331 Ill.App. 143 . It “. . . requires that an opposite conclusion be clearly evident.” Arboit v. … Plaintiff’s instruction number 4 requiring plaintiff to establish his case by the greater weight would not permit the jury to decide an “evenly balanced” case favorably to plaintiff.

Reed v. State Of Illinois

District Court, N.D. Illinois · Jan 7, 2019

Eleventh Amendment immunity Defendant next argues that it is immune from suit due to the Eleventh Amendment to the Constitution, which has been interpreted to render states immune from … What plaintiff is arguing is that her disability made it difficult for her to form coherent arguments and to articulate them clearly to the Judge.

Orear v. Farmers State Bank & Trust Co.

286 Ill. 454 · Illinois Supreme Court · Feb 20, 1919

The law is clear that where a resulting trust is sought to be established and enforced “the trust must be clearly alleged in the bill, not only in terms, but all the facts must be set out from which the trust is claimed to … The record not showing clearly and satisfactorily that a resulting trust was established, the decree of the circuit court must be affirmed. Decree affirmed.

People v. Reyes

102 Ill. App. 3d 820 · Appellate Court of Illinois · Dec 9, 1981

We hold that there was ample evidence to establish probable cause. … Ikram was qualified as a pathologist, there was no showing that he was qualified to give his opinion as to matters relating to ballistics and firearms.