comity doctrine (Illinois) · Go Syfert
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comity doctrine in Illinois

22 Illinois opinions name it 2 courts 1934–2024 1 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 (6)

CaseFollowedCited
Rose v. Lundygreen
scotus · 1982 · cited in 3 Illinois opinions naming this issue, 2015–2016
2 sentences

2016See also Rose v. Lundy, 455 U.S. 509, 518 (1982) (“Under our federal system, the federal and state courts [are] equally bound to guard and protect rights secured by the Constitution. [Citation.] *** [F]ederal courts apply the doctrine of comity, which teaches that one court should defer action on causes properly within its jurisdiction until the courts of another sovereignty with concurrent powers, and already cognizant of the litigation, have had an opportunity to pass upon the matter.” (Internal quotation marks omitted.)). ¶ 30 For that reason, United States Supreme Court Rule 13(1) contempl

2015See also Rose v. Lundy, 455 U.S. 509, 518 (1982) ("Under our federal system, the federal and state courts [are] equally bound to guard and protect rights secured by the Constitution. [Citation.] *** [F]ederal courts apply the doctrine of comity, which teaches that one court -9- should defer action on causes properly within its jurisdiction until the courts of another sovereignty with concurrent powers, and already cognizant of the litigation, have had an opportunity to pass up on the matter." (Internal quotation marks omitted.)). ¶ 30 For that reason, United States Supreme Court Rule 13(1) con

33
Clubb v. Clubbgreen
ill · 1949 · cited in 5 Illinois opinions naming this issue, 1982–2017
2 sentences

2017App. 3d 867, 880-81 (2002) (quoting Clubb v. Clubb, 402 Ill. 390, 399-400 (1949)).

2017App. 3d 867, 880-81 (2002) (quoting Clubb v. Clubb, 402 Ill. 390, 399-400 (1949)).

25
In Re Marriage of Kohlgreen
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017ANALYSIS ¶ 17 This court has defined the doctrine of comity as a “ ‘recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to the international duty and convenience and to the rights of its own citizens who are under the protection of its laws.’ ” In re Marriage of Kohl, 334 Ill.

2017ANALYSIS ¶ 17 This court has defined the doctrine of comity as a “ ‘recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to the international duty and convenience and to the rights of its own citizens who are under the protection of its laws.’ ” In re Marriage of Kohl, 334 Ill.

22
Hermesdorf v. Wugreen
illappct · 2007 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015See Osler Institute, Inc. v. Miller, No. 84A05- 1003-PL-237, slip op. at 5 (Ind. Ct. App. Sept. 30, 2010); see also Hermesdorf v. Wu, 372 Ill.

2015See Osler Institute, Inc. v. Miller, No. 84A05-1003-PL-237, slip op. at 5 (Ind. Ct. App. Sept. 30, 2010); see also Hermesdorf v. Wu, 372 Ill.

22
Societe Nat. Ind. Aero. v. US Dist. Courtgreen
scotus · 1987 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Société Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 482 U.S. 522 , 543 n. 27, 107 S.Ct. 2542 , 96 L.Ed.2d 461 (1987) ("Comity refers to the spirit of cooperation in which a domestic tribunal approaches the resolution of cases touching the laws and interests of other sovereign states.").

2012See, e.g., Société Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 482 U.S. 522 , 543 n. 27, 107 S.Ct. 2542 , 96 L.Ed.2d 461 (1987) ("Comity refers to the spirit of cooperation in which a domestic tribunal approaches the resolution of cases touching the laws and interests of other sovereign states.").

22
Whittmanhart, Inc. v. CA, INC.green
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See Copper Bend Pharmacy, Inc. v. OptumRx, Inc., 2021 IL App (5th) 210083-U, ¶ 17 (holding that “[t]he fact that one case was filed prior to the other is not determinative in resolving a section 2-619(a)(3) motion to stay” but that a court “may consider the progress of the litigation in each case”); Whittmanhart, Inc. v. CA, Inc., 402 Ill.

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 (14)

CaseCitedYears
Hager v. Hager green
illappct · 1971
2 sentences

1973We had occasion to observe in Hager v. Hager, 1 Ill.App.3d 1047 , 274 N.E.2d 157 , that in the absence of a treaty defining the effect to be given a decree rendered by another country its recognition is founded largely upon a somewhat nebulous doctrine of comity.

1973We had occasion to observe in Hager v. Hager, 1 Ill.App.3d 1047 , 274 N.E.2d 157 , that in the absence of a treaty defining the effect to be given a decree rendered by another country its recognition is founded largely upon a somewhat nebulous doctrine of comity.

31973–2002
Hilton v. Guyot green
· 1895
2 sentences

2002Comity has been defined as the “recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to the international duty and convenience and to the rights of its own citizens who are under the protection of its laws.” Clubb v. Clubb, 402 Ill. 390, 399-400 , 84 N.E.2d 366 (1949), citing Hilton v. Guyot, 159 U.S. 113, 164 , 40 L.

2002Comity has been defined as the “recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to the international duty and convenience and to the rights of its own citizens who are under the protection of its laws.” Clubb v. Clubb, 402 Ill. 390, 399-400 , 84 N.E.2d 366 (1949), citing Hilton v. Guyot, 159 U.S. 113, 164 , 40 L.

22002–2002
Rollins v. Ellwood green
ill · 1990
2 sentences

1997While the doctrine of comity is one that has long been accepted by the courts in this state (Nelson v. Hix, 122 Ill. 2d 343 , 522 N.E.2d 1214 (1988); Rollins v. Ellwood, 141 Ill. 2d 244 , 565 N.E.2d 1302 (1990)), the specific questions presently raised regarding the application of that doctrine do not appear to have been previously broached.

1997While the doctrine of comity is one that has long been accepted by the courts in this state (Nelson v. Hix, 122 Ill. 2d 343 , 522 N.E.2d 1214 (1988); Rollins v. Ellwood, 141 Ill. 2d 244 , 565 N.E.2d 1302 (1990)), the specific questions presently raised regarding the application of that doctrine do not appear to have been previously broached.

21997–1997
Nelson v. Hix green
ill · 1988
2 sentences

1997While the doctrine of comity is one that has long been accepted by the courts in this state (Nelson v. Hix, 122 Ill. 2d 343 , 522 N.E.2d 1214 (1988); Rollins v. Ellwood, 141 Ill. 2d 244 , 565 N.E.2d 1302 (1990)), the specific questions presently raised regarding the application of that doctrine do not appear to have been previously broached.

1997While the doctrine of comity is one that has long been accepted by the courts in this state (Nelson v. Hix, 122 Ill. 2d 343 , 522 N.E.2d 1214 (1988); Rollins v. Ellwood, 141 Ill. 2d 244 , 565 N.E.2d 1302 (1990)), the specific questions presently raised regarding the application of that doctrine do not appear to have been previously broached.

21997–1997
Midas International Corp. v. MESA, S.p.A green
illappct · 2013
1 sentence

2024Midas, 2013 IL App (1st) 122048, ¶ 23 .

12024–2024
Performance Network Solutions v. Cyberklix US green
illappct · 2012
1 sentence

2013Performance Network Solutions, Inc. v. Cyberklix US, Inc., 2012 IL App (1st) 110137, ¶ 34 .

12013–2013
Schoeberlein v. Purdue University green
ill · 1989
2 sentences

1996(Burns 1994)), the comity doctrine, and Schoeberlein v. Purdue University, 129 Ill. 2d 372 , 544 N.E.2d 283 (1989).

1996(Burns 1994)), the comity doctrine, and Schoeberlein v. Purdue University, 129 Ill. 2d 372 , 544 N.E.2d 283 (1989).

11996–1996
Dougherty v. American McKenna Process Co. green
ill · 1912
2 sentences

1989(See Dougherty v. American McKenna Process Co. (1912), 255 Ill. 369, 371 .) When deciding whether to apply foreign law in our courts, we must examine the relevant public policies of the State of Illinois.

1989(See Dougherty v. American McKenna Process Co. (1912), 255 Ill. 369, 371 .) When deciding whether to apply foreign law in our courts, we must examine the relevant public policies of the State of Illinois.

11989–1989
Assessors of Boston v. John Hancock Mutual Life Insurance green
mass · 1948
1 sentence

1982(See Clubb v. Clubb (1949), 402 Ill. 390 , 81 N.E.2d 366 ; Zalduendo v. Zalduendo (1977), 45 Ill.

11982–1982
Zalduendo v. Zalduendo green
illappct · 1977
1 sentence

1982(See Clubb v. Clubb (1949), 402 Ill. 390 , 81 N.E.2d 366 ; Zalduendo v. Zalduendo (1977), 45 Ill.

11982–1982
Bevans v. Murray green
· 1911
1 sentence

1942(Bevans v. Murray, 251 Ill. 603 .) In the early case of Enos v. Hunter, 4 Gilm. (9 Ill.) 211, the court said: ‘ ‘ Where the relief sought could be effected by acting directly upon the person of the defendant, the court of chancery has never hesitated to entertain the bill where the defendant is found within its jurisdiction, whether the subject matter of the controversy be within its control or not.” It is obvious that complete justice can be done in this proceeding and there is no occasion for applying the doctrine of comity.

11942–1942
Wilson v. Miller green
illappct · 1892
1 sentence

1941State where executed, may be enforced in another state under the doctrine of comity existing between States, and summed up its conclusion as follows (p. 531): “ Under the authorities cited, the laws of Kansas entered into and formed a part of the contract, and if the' contract was valid in that state, although it may be prohibited by our statute of frauds, our courts, under the doctrine of comity, in an action on the contract, could do no less than enforce it.” The significance of this decision is that the Appellate Court (Wilson v. Miller, 42 Ill.

11941–1941
May v. Black neutral
wis · 1890
1 sentence

1934The cases of Finney v. Guy, 106 Wis. 256 , 82 N. W. 595 , and May v. Black, 77 id. 101, 45 N. W. 949 , are cited as holding that the courts of Wisconsin have refused to permit a like remedy created by the laws of another State to be enforced in the courts of that State.

11934–1934
Finney v. Guy neutral
wis · 1900
2 sentences

1934The cases of Finney v. Guy, 106 Wis. 256 , 82 N. W. 595 , and May v. Black, 77 id. 101, 45 N. W. 949 , are cited as holding that the courts of Wisconsin have refused to permit a like remedy created by the laws of another State to be enforced in the courts of that State.

1934The cases of Finney v. Guy, 106 Wis. 256 , 82 N. W. 595 , and May v. Black, 77 id. 101, 45 N. W. 949 , are cited as holding that the courts of Wisconsin have refused to permit a like remedy created by the laws of another State to be enforced in the courts of that State.

11934–1934

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (8) IL § 705 ILCS 5/8 (3) IL § 720 ILCS 550/5.1 (3) IL § 725 ILCS 5/122-1 (3) IL § 735 ILCS 5/2-619.1 (3) USC § 28u.s.c.1257 (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

NY 67 (1890–2026) TX 40 (1911–2024) CA 28 (1923–2025) IL 22 (1934–2024) MD 14 (1934–2020) WI 14 (1950–2025) WA 14 (1981–2020) NM 11 (1997–2017) MO 10 (1906–2025) NJ 9 (1952–2026) FL 9 (1959–2025) CT 8 (1974–2019) CO 7 (1911–2019) SD 7 (1985–2024) VA 7 (1979–1997) OK 6 (1914–2008) IN 6 (1993–2013) OH 5 (1907–2012) KS 5 (1949–2021) ND 4 (1903–1990) DE 4 (2010–2018) AL 4 (1980–2009) PA 4 (1786–1937) UT 4 (1993–2019) MS 4 (1930–1997) MI 3 (1895–2017) NE 3 (1913–1951) AK 3 (1999–2025) AZ 3 (1939–2006) ME 3 (1982–2018) TN 3 (1932–2019) HI 3 (2007–2016) MN 3 (1903–2019) GA 2 (1902–1990) LA 2 (1989–2008) VT 2 (2005–2025) WY 2 (1925–1982) MA 2 (2009–2010) NV 2 (2014–2020) NH 2 (1998–2006) NC 2 (1982–2001) KY 2 (1913–2013) IA 2 (1942–2016) WV 2 (1928–2001) AR 2 (1932–2023)

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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