believed waiver (Illinois) · Go Syfert
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believed waiver in Illinois

12 Illinois opinions name it 2 courts 1948–2019 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 (2)

CaseFollowedCited
People v. Smithgreen
illappct · 2003 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004People v. Smith, 341 Ill.

2004People v. Smith, 341 Ill.App.3d 530, 536-37 , 276 Ill.Dec. 472 , 794 N.E.2d 367 (2003).

22
People v. Davisgreen
ill · 2002 · cited in 4 Illinois opinions naming this issue, 2004–2013
2 sentences

2013Id. at 139 .

2013Id. at 139 .

14

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 (7)

CaseCitedYears
Wilson v. GAETZ green
ca7 · 2010
2 sentences

2019Id. at 352 .

2019Id. at 352 .

22019–2019
People v. Chrisos green
illappct · 1986
1 sentence

1990(People v. Chrisos (1986), 151 Ill.

11990–1990
United States v. Great Northern Ry. Co. green
ca9 · 1916
1 sentence

1985The court believed that the requirement of hand brakes on cars was “ascribable to the necessity of controlling the movement of cars in yards and elsewhere, when trains have been broken up or are being made up.” ( 229 F. 927, 930 .) Similarly, in Grand Rapids & Indiana Ry.

11985–1985
Grand Rapids & I. Ry. Co. v. United States green
ca6 · 1918
1 sentence

1985Co. v. United States (6th Cir. 1918), 249 F. 650 , a railroad company was found to be in violation of the Acts for its practice of having its trains slowed by hand brakes in descending a certain hill.

11985–1985
Avery v. Moews Seed Corn Co. green
illappct · 1971
2 sentences

1974In Avery v. Moews Seed Corn Co., 131 Ill.App.2d 842 , 268 N.E.2d 561 , the second case cited by the parties, the court found no error where the Health and Safety Rules were read into evidence to establish a standard of care where an employer-employee relationship did not exist.

1974In Avery v. Moews Seed Corn Co., 131 Ill.App.2d 842 , 268 N.E.2d 561 , the second case cited by the parties, the court found no error where the Health and Safety Rules were read into evidence to establish a standard of care where an employer-employee relationship did not exist.

11974–1974
Wettengel v. Gormley green
pa · 1894
2 sentences

1948The court believed the doctrine announced in Wettengel v. Gormley, 160 Pa. 559 , 28 Atl. 934 , sound and applied it to the facts of the case; even though it said that it is settled by the decision of the Supreme Court of Texas that, notwithstanding its fugitive nature, oil belongs to the owner of the land under which it is found, and the landowner may, by sinking a well on his land, acquire title to all of the oil produced therefrom regardless of the fact that it may be drawn from under the lands of adjoining landowners.

1948The court believed the doctrine announced in Wettengel v. Gormley, 160 Pa. 559 , 28 Atl. 934 , sound and applied it to the facts of the case; even though it said that it is settled by the decision of the Supreme Court of Texas that, notwithstanding its fugitive nature, oil belongs to the owner of the land under which it is found, and the landowner may, by sinking a well on his land, acquire title to all of the oil produced therefrom regardless of the fact that it may be drawn from under the lands of adjoining landowners.

11948–1948
Hoffman v. Magnolia Petroleum Co. green
texapp · 1924
1 sentence

1948Hoffman v. Magnolia Petroleum Co. 260 S.W. 950 , (Court of Civil Appeals, San Antonio,) contained these facts: Duke and wife executed an oil-and-gas lease on 320 acres to Harvey for one-eighth royalty.

11948–1948

Where else courts name it

IL 12 (1948–2019) TX 9 (1978–2012) CA 8 (1966–2026) WA 7 (1983–2013) MD 4 (2013–2024) FL 4 (2008–2018) CO 2 (1982–1999) MO 2 (2012–2015) MI 2 (2004–2010) NJ 2 (1992–1993) OH 2 (2000–2016) AZ 2 (2005–2005) VT 2 (1989–2018)

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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