section 2(b) first clause (Illinois) · Go Syfert
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section 2(b) first clause in Illinois

28 Illinois opinions name it 2 courts 1900–2007 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Clark v. TAP Pharmaceutical Products, Inc.green
illappct · 2003 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007See Clark, 343 Ill.

2007See Clark, 343 Ill.

22
Gordon v. Bodengreen
illappct · 1991 · cited in 3 Illinois opinions naming this issue, 2001–2004
2 sentences

2004Gordon, 224 Ill.

2004Gordon , 224 Ill.

13
Steinberg v. Chicago Medical Schoolgreen
ill · 1977 · cited in 2 Illinois opinions naming this issue, 1991–2003
2 sentences

2003See Steinberg, 69 Ill. 2d at 339 .

1991(See Steinberg, 69 Ill. 2d at 339 , 371 N.E.2d at 644 .) Additionally, it must be remembered that this is a consumer class action.

12
Hall v. Sprint Spectrum L.P.green
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2007–2007
1 sentence

2007COMMON QUESTIONS OF FACT OR LAW “ ‘In order to satisfy the second requirement of section 2 — 801, ([namely, that] a common question of fact or law predominates over other questions affecting only individual class members), it must be shown that “successful adjudication of the purported class representatives individual claims will establish a right of recovery in other class members.” ’ [Citation.]” Hall v. Sprint Spectrum, L.P., 376 Ill.

11
People v. Arthur H.green
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2006–2006
1 sentence

2006While the court found L.W abused or neglected, the court failed to provide the factual basis for the court’s determination that LW was abused or neglected as required by section 2 — 21(1). 705 ILCS 405/2 — 21(1) (West 1996); see also In re Arthur H., 212 Ill. 2d at 466 .

11
Lerner v. Zippermangreen
illappct · 1979 · cited in 1 Illinois opinions naming this issue, 2004–2004
1 sentence

2004See Lerner v. Zipperman, 69 Ill.

11
Williams v. Board of Educationgreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2004–2004
1 sentence

2004See Williams v. Board of Education of the City of Chicago, 222 Ill.

11
Corgan v. Muehlinggreen
ill · 1991 · cited in 1 Illinois opinions naming this issue, 1994–1994
1 sentence

1994Having so concluded, we need not consider whether section 5 — 25013(A)(7) satisfies the four prerequisites for an implied private right of action (see Rodgers, 149 Ill. 2d at 308 ; Corgan, 143 Ill. 2d at 312-13 (discussed above)), although it would seem that the same infirmities found with respect to these prerequisites under section 2 of the DPHA are also present with respect to section 5 — 25013(A)(7) of the Counties Code.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
People v. Peco green
illappct · 2004
2 sentences

2004Because we cannot construe a statute so as to render any part of it meaningless or superfluous (Peco, 345 Ill.

2004Because we cannot construe a statute so as to render any part of it meaningless or superfluous ( Peco , 345 Ill.

22004–2004
Saichek v. Lupa neutral
illappct · 2002
2 sentences

2003The appellate court reversed and remanded for further proceedings. 329 Ill.

2003The appellate court reversed and remanded for further proceedings. 329 Ill.

22003–2003
In re Estate of Cooper green
ill · 1988
1 sentence

2001See 770 ILCS 35/1 (West 1998); Cooper, 125 Ill. 2d at 369 .

12001–2001
Dowd & Dowd, Ltd. v. Gleason green
ill · 1998
1 sentence

2001Under the circumstances present here, we find that it is appropriate to not answer the certified question as any answer we give would be “advisory and provisional.” Dowd & Dowd, Ltd. v. Gleason, 181 Ill. 2d at 469-70 .

12001–2001
Lohan v. Walgreens Co. green
illappct · 1986
1 sentence

1995App. 3d 171 , 488 N.E.2d 679 .) Moreover, the J&W Allen Construction Co. opinion fails to address the effect of Code section 2 — 103(a).

11995–1995
Rodgers v. St. Mary's Hosp. of Decatur green
ill · 1992
1 sentence

1994Having so concluded, we need not consider whether section 5 — 25013(A)(7) satisfies the four prerequisites for an implied private right of action (see Rodgers, 149 Ill. 2d at 308 ; Corgan, 143 Ill. 2d at 312-13 (discussed above)), although it would seem that the same infirmities found with respect to these prerequisites under section 2 of the DPHA are also present with respect to section 5 — 25013(A)(7) of the Counties Code.

11994–1994
Wenthold v. AT & T TECHNOLOGIES, INC. green
illappct · 1986
1 sentence

1988App. 3d 612, 616 , 491 N.E.2d 1263, 1266 .) It is for the trial court to determine the propriety of Northwestern’s and the YMCA’s representation, according to the four prerequisites in section 2 — 801 of the Code of Civil Procedure.

11988–1988
Reserve Ins. Co. v. General Ins. Co. of America green
illappct · 1979
2 sentences

1988(Reserve Insurance Co. v. General Insurance Co. of America (1979), 77 Ill.

1988Moreover, the first clause of section 2 has been construed to require that the written instruments referred to must bear a specific date by which the indebtedness created comes due. ( Reserve Insurance Co. v. General Insurance Co. of America (1979), 77 Ill.

11988–1988
Cairo & St. Louis Railroad v. Wiggins Ferry Co. neutral
ill · 1876
1 sentence

1934Louis Railroad Co. v. Wiggins Ferry Co. 82 Ill. 230 ; Allen v. Webster, 56 id. 393.) Forcible entry and detainer actions are brought under the first clause of section 2, and an invasion of the plaintiff’s actual possession of the premises described in the complaint, at the time of the alleged entry, is a prerequisite to the maintenance of the proceeding.

11934–1934
People ex rel. McCullough v. Deutsche Evangelisch Lutherische Jehovah Gemeinde Ungeaenderter Augsburgischer Confession green
ill · 1911
1 sentence

1934(People v. Deutsche Gemeinde, 249 Ill. 132 ).

11934–1934
Vigus v. O'Bannon green
ill · 1886
1 sentence

1933Smith’s Stat. 1931, p. 1473; Vigus v. O’Bannon, 118 Ill. 334 .

11933–1933
Sill v. Kentucky Coal & Timber Development Co. green
delch · 1916
1 sentence

1932Ch. 93 , 97 Atl. 617, 619 , it is said: “The suit is for a receiver based on insolvency, by appealing to a discretionary power given to the court, and it does not necessarily follow that the prior refusal of another court to appoint the receiver, based on certain allegations . and a certain state of facts, would preclude this court under other facts from granting the relief.” Counsels’ second contention is based upon the first clause of section 2 of an act of our legislature, passed in 1903, and entitled “An act concerning the appointment and discharge of receivers” (Cahill’s St. 1931, ch. 22,

11932–1932
Cherry v. Greene green
ill · 1886
1 sentence

1909Appellant contends that thereby Sloan became the trustee of Hunter with full authority to sell these lands and dispose of the proceeds as in that written agreement provided, and he relies upon Cherry v. Greene, 115 Ill. 591 ; Muller v. Balke, 167 Ill. 150 ; and Dickson v. N. Y.

11909–1909
Muller v. Balke neutral
ill · 1897
1 sentence

1909Appellant contends that thereby Sloan became the trustee of Hunter with full authority to sell these lands and dispose of the proceeds as in that written agreement provided, and he relies upon Cherry v. Greene, 115 Ill. 591 ; Muller v. Balke, 167 Ill. 150 ; and Dickson v. N. Y.

11909–1909
Ducat v. Chicago green
scotus · 1871
1 sentence

1905(Ducat v. City of Chicago, 48 Ill. 172 ; Same v. Same, 10 Wall. 410 ; 10 Cyc. 150; Tatem v. Wright, 23 N. J.

11905–1905
Ducat v. City of Chicago green
ill · 1868
1 sentence

1905(Ducat v. City of Chicago, 48 Ill. 172 ; Same v. Same, 10 Wall. 410 ; 10 Cyc. 150; Tatem v. Wright, 23 N. J.

11905–1905
Montgomery v. Wyman neutral
ill · 1889
1 sentence

1900The facts stated are not sufficient to bring the property within the description of a “public school house.” (Montgomery v. Wyman, 130 Ill. 17 ; McCullough v. Board of Review, 183 id. 373.) Nor does it appear the said real estate is the property of an institution of learning.

11900–1900

Statutes the citing opinions construe

IL § 815 ILCS 505/1 (6) IL § 740 ILCS 100/0.01 (3) IL § 815 ILCS 505/2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 28 (1900–2007) WA 7 (1933–2013) CA 4 (2001–2022) TX 4 (1912–2020) MA 3 (1902–1998) FL 2 (1978–1985) KY 2 (1868–1874) PA 2 (1933–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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