legal effect claim (Illinois) · Go Syfert
← Illinois issues

legal effect claim in Illinois

17 Illinois opinions name it 2 courts 1943–2026 3 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 (5)

CaseFollowedCited
Sturgill v. Santander Consumer USA, Inc.green
illappct · 2016 · cited in 2 Illinois opinions naming this issue, 2026–2026
2 sentences

2026Sturgill v. Santander Consumer 6 No. 1-24-1341 USA, Inc., 2016 IL App (5th) 140380, ¶ 21 (section 2-619(a)(9) permits the summary disposition of legal issues or easily proved issues of material fact). 401 Inc.’s motion alleged that Rock Solid lacked capacity to sue because it had been transacting business in Illinois for at least a decade, without authorization from the state.

2026Sturgill v. Santander Consumer 6 No. 1-24-1341 USA, Inc., 2016 IL App (5th) 140380, ¶ 21 (section 2-619(a)(9) permits the summary disposition of legal issues or easily proved issues of material fact). 401 Inc.’s motion alleged that Rock Solid lacked capacity to sue because it had been transacting business in Illinois for at least a decade, without authorization from the state.

22
Coghlan v. Beckgreen
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Under section 2-619(a)(9), dismissal is warranted if the face of the pleading or supporting affidavit show that the claim is barred by other affirmative matters avoiding the legal effect of the claim, such as a privilege. 735 ILCS 5/2-619(a)(9) (West 2020); see also Coghlan v. Beck, 2013 IL App (1st) 120891, ¶ 23 .

11
River Park, Inc. v. City of Highland Parkgreen
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020App. 3d 554, 558 (2005). ¶ 34 “Under the doctrine of res judicata, a final judgment on the merits rendered by a court of competent jurisdiction acts as a bar to a subsequent suit between the parties involving the same cause of action.” River Park, Inc. v. City of Highland Park, 184 Ill. 2d 290, 302 (1998).

11
Yorulmazoglu v. Lake Forest Hospitalgreen
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Id. ¶ 33 Section 2-619(a)(4) permits involuntary dismissal of a claim where the claim is barred by other affirmative matters defeating or avoiding the legal effect of the claim, such as a claim of res judicata. 735 ILCS 5/2-619(a)(4) (West 2018); Yorulmazoglu v. Lake Forest Hospital, 359 Ill.

11
Kedzie and 103rd Currency Exchange, Inc. v. Hodgegreen
ill · 1993 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 115-16 , 619 N.E.2d 732, 735 (1993).

2009Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill. 2d 112, 115-16 , 619 N.E.2d 732, 735 (1993).

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 (10)

CaseCitedYears
Golden v. Mullen green
illappct · 1998
2 sentences

2002Golden v. Mullen , 295 Ill.

2002Golden v. Mullen, 295 Ill.

42001–2002
Callaghan v. VILLAGE OF CLARENDON HILLS green
illappct · 2010
2 sentences

2010Callaghan v. Village of Clarendon Hills, 401 Ill.

2010Callaghan v. Village of Clarendon Hills, 401 Ill.

22010–2010
Kuykendall v. Schneidewind green
illappct · 2017
1 sentence

2020As to Maxon, defendants contend that it has no standing to contest the firearms tax because it has no real interest in the tax because it has no burden of paying it and further that there was no additional expense for Maxon to compute and report in compliance with the ammunition tax. ¶ 23 A motion to dismiss under section 2-619(a)(9) admits the legal sufficiency of the plaintiff’s complaint but asserts that the claim against the defendant is barred by an affirmative matter that avoids the legal effect of the claim or defeats the claim. 735 ILCS 5/2-619(a)(9) (West 2016); Kuykendall v. Schneide

12020–2020
Snyder v. Heidelberger green
ill · 2011
1 sentence

2020Id. ¶ 33 Section 2-619(a)(4) permits involuntary dismissal of a claim where the claim is barred by other affirmative matters defeating or avoiding the legal effect of the claim, such as a claim of res judicata. 735 ILCS 5/2-619(a)(4) (West 2018); Yorulmazoglu v. Lake Forest Hospital, 359 Ill.

12020–2020
Edelman, Combs & Latturner v. Hinshaw & Culbertson green
illappct · 2003
2 sentences

2013Section 2-619(a)(9) of the Code permits involuntary dismissal of a claim where the claim is barred by other affirmative matters defeating or avoiding the legal effect of the claim, such as a claim of privilege. 735 ILCS 5/2-619(a)(9) (West 2010); Edelman, Combs & Latturner, 338 Ill.

2013App. 3d at 164 . ¶ 24 Section 2-619.1 of the Code permits a party to combine a section 2-615 motion to dismiss based upon a plaintiff’s substantially insufficient pleadings with a section 2-619 motion to dismiss based upon certain defects or defenses. 735 ILCS 5/2-619.1 (West 2010); Edelman, Combs & Latturner, 338 Ill.

12013–2013
Sexton v. Smith green
ill · 1986
1 sentence

1989(Sexton, 112 Ill. 2d at 194 .) Nonetheless, the legal effect of waiver is an issue of law and thus not subject to the manifest weight standard.

11989–1989
Black v. Gray green
ill · 1949
2 sentences

1987The Statute of Frauds interposes no bar to the enforcement of such constructive trusts.” 403 Ill. 503, 505-06 , 87 N.E.2d 635, 636 .

1987The Statute of Frauds interposes no bar to the enforcement of such constructive trusts.” 403 Ill. 503, 505-06 , 87 N.E.2d 635, 636 .

11987–1987
Sandstrom v. Montana green
scotus · 1979
2 sentences

1986Given the common definition of ‘presume’ as ‘to suppose to be true without proof,’ Webster’s New Collegiate Dictionary 911 (1974), and given the lack of qualifying instructions as to the legal effect of the presumption, we cannot discount the possibility that the jury may have interpreted the instruction in either of two more stringent ways.” Sandstrom v. Montana (1979), 442 U.S. 510, 515-17 , 61 L.

1986Given the common definition of ‘presume’ as ‘to suppose to be true without proof,’ Webster’s New Collegiate Dictionary 911 (1974), and given the lack of qualifying instructions as to the legal effect of the presumption, we cannot discount the possibility that the jury may have interpreted the instruction in either of two more stringent ways.” Sandstrom v. Montana (1979), 442 U.S. 510, 515-17 , 61 L.

11986–1986
Mahon v. Nudelman green
ill · 1941
1 sentence

1943Mahon v. Nudelman, 377 Ill. 331 ; Mallen Co. v. Department of Finance, 372 Ill. 598 .

11943–1943
P. H. Mallen Co. v. Department of Finance green
ill · 1939
1 sentence

1943Mahon v. Nudelman, 377 Ill. 331 ; Mallen Co. v. Department of Finance, 372 Ill. 598 .

11943–1943

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (6) IL § 735 ILCS 5/2-615 (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 17 (1943–2026) CA 14 (1927–2025) NY 14 (1873–2008) CT 9 (1979–2002) IN 5 (1929–2002) RI 4 (1971–2005) OK 4 (1913–1990) AZ 4 (1951–2005) NC 4 (1889–2005) MI 4 (1915–1998) FL 4 (1991–2012) PA 4 (1935–1961) AL 3 (1928–1991) VA 3 (1851–1851) TX 3 (1942–2002) UT 2 (1956–1956) KY 2 (1885–1915) MO 2 (1974–1993) ID 2 (1980–1992) NE 2 (1954–1958) MT 2 (1933–1957) TN 2 (2003–2003) GA 2 (1882–1962) ND 2 (1982–1989) MN 2 (1944–1962) IA 2 (1889–1972)

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.

← Caselaw search · G Cite Topics · Brief Check