converse rule (Illinois) · Go Syfert
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converse rule in Illinois

12 Illinois opinions name it 2 courts 1893–2024 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 (2)

CaseFollowedCited
People v. Bourkegreen
ill · 1983 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024As explained in Maggio: “ ‘[W]here it can be determined from the record that the weight placed on the improperly considered aggravating factor was so insignificant that it did not lead to - 27 - a greater sentence, remandment is not required.’ [Citation.] The converse of this rule is remandment is required where reliance on the improper sentencing factor was significant and led to a greater sentence.” Maggio, 2017 IL App (4th) 150287, ¶ 50 (quoting People v. Bourke, 96 Ill. 2d 327, 332 (1983)).

11
People v. Maggiogreen
illappct · 2017 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024As explained in Maggio: “ ‘[W]here it can be determined from the record that the weight placed on the improperly considered aggravating factor was so insignificant that it did not lead to - 27 - a greater sentence, remandment is not required.’ [Citation.] The converse of this rule is remandment is required where reliance on the improper sentencing factor was significant and led to a greater sentence.” Maggio, 2017 IL App (4th) 150287, ¶ 50 (quoting People v. Bourke, 96 Ill. 2d 327, 332 (1983)).

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 (20)

CaseCitedYears
Bullard v. Barnes green
ill · 1984
2 sentences

1995In Dralle, the plaintiff urged the supreme court to extend its holding in Bullard v. Barnes (1984), 102 Ill. 2d 505 , 468 N.E.2d 1228 (a parent may recover compensation for loss of a minor child’s society in a wrongful death action).

1995In Dralle, the plaintiff urged the supreme court to extend its holding in Bullard v. Barnes (1984), 102 Ill. 2d 505 , 468 N.E.2d 1228 (a parent may recover compensation for loss of a minor child’s society in a wrongful death action).

11995–1995
Rios v. Niagara MacHine & Tool Works green
ill · 1974
1 sentence

1995(See Rios, 59 Ill. 2d at 85-86 .) Obviously, the converse of this rule is also true.

11995–1995
Dralle v. Ruder green
ill · 1988
1 sentence

1995In reaching its conclusion, the court said: "And our appellate court has consistently refused to recognize the converse claim — actions brought by children for loss of society and companionship resulting from nonfatal injuries to their parents.” Dralle v. Ruder, 124 Ill. 2d at 65 .

11995–1995
Huter v. Ekman green
illappct · 1985
2 sentences

1988(Huter v. Ekman (1985), 137 Ill.

1988And our appellate court has consistently refused to recognize the converse claim — actions brought by children for loss of society and companionship resulting from nonfatal injuries to their parents. ( Huter v. Ekman (1985), 137 Ill.

11988–1988
Block v. Pielet Brothers Scrap & Metal, Inc. green
illappct · 1983
1 sentence

1988App.3d 733 ; Block v. Pielet Brothers Scrap & Metal, Inc. (1983), 119 Ill.

11988–1988
The PEOPLE v. Norcutt green
ill · 1970
2 sentences

1979Relying on Chambers and People v. Norcutt (1970), 44 Ill. 2d 256 , 255 N.E.2d 442 , the defendant in People v. Bean (1974), 17 Ill.

1979Relying on Chambers and People v. Norcutt (1970), 44 Ill. 2d 256 , 255 N.E.2d 442 , the defendant in People v. Bean (1974), 17 Ill.

11979–1979
People v. Bean green
illappct · 1974
1 sentence

1979Relying on Chambers and People v. Norcutt (1970), 44 Ill. 2d 256 , 255 N.E.2d 442 , the defendant in People v. Bean (1974), 17 Ill.

11979–1979
The City of Chicago v. Lawrence green
ill · 1969
2 sentences

1977(City of Chicago v. Lawrence (1969), 42 Ill. 2d 461, 464 , 248 N.E.2d 71, 73-74 .) It seems evident that the converse of this rule is also true, i.e., the courts will only entertain a constitutional objection when the party challenging the unconstitutional feature has been aggrieved thereby.

1977(City of Chicago v. Lawrence (1969), 42 Ill. 2d 461, 464 , 248 N.E.2d 71, 73-74 .) It seems evident that the converse of this rule is also true, i.e., the courts will only entertain a constitutional objection when the party challenging the unconstitutional feature has been aggrieved thereby.

11977–1977
People Ex Rel. Sandberg v. Grabs green
ill · 1940
1 sentence

1971Sandberg v. Grabs, 373 Ill. 423 ) merely applied the converse of the principle stated in Knappenberger, and derived from several earlier cases: “that the failure to state the proposition in both the affirmative and negative form voided the election, and not that a mere failure to state the proposition in the exact language prescribed by the statute made it void.” (Knappenberger v. Hughes, 377 Ill. 126, 130 .) The Knappenberger opinion also placed reliance upon the court’s observation in People ex rel.

11971–1971
Knappenberger v. Hughes green
ill · 1941
1 sentence

1971Sandberg v. Grabs, 373 Ill. 423 ) merely applied the converse of the principle stated in Knappenberger, and derived from several earlier cases: “that the failure to state the proposition in both the affirmative and negative form voided the election, and not that a mere failure to state the proposition in the exact language prescribed by the statute made it void.” (Knappenberger v. Hughes, 377 Ill. 126, 130 .) The Knappenberger opinion also placed reliance upon the court’s observation in People ex rel.

11971–1971
People ex rel. Howard v. Chicago & Eastern Illinois Railroad green
· 1921
1 sentence

1971Howard v. Chicago and Eastern Illinois Railroad Co., 296 Ill. 246 , that many instances where a deviation in ballot form voided the election have involved ballots which stated a proposition twice, once preceded by “For”, followed by a square marked “Yes”, and once preceded by “Against”, followed by a square marked “No”.

11971–1971
The People v. Boneau green
ill · 1927
1 sentence

1935(People v. Boneau, 327 Ill. 194 ; Weinberg v. People, 208 id. 15; Huggins v. People, 135 id. 243.) The converse of the rule follows, that where the evidence discloses the property was purchased at a fair price such circumstance tends to refute guilty knowledge.

11935–1935
Andrews v. People green
· 1871
1 sentence

1935Andrews v. People, 60 Ill. 354 ; People v. Cochrane, 1 Wheeler’s Crim.

11935–1935
Super-Power Co. v. Sommers green
ill · 1933
1 sentence

1933The converse of this instruction, with the exception that it did not contain the word “willfully,” given at the request of the petitioner in the case of Super-Power Co. v. Sommers, 352 Ill. 610 , was before this court in that case.

11933–1933
Herrin & Southern Railroad v. Nolte neutral
ill · 1910
1 sentence

1933At the request of the petitioner the court gave to the jury the following instruction: “You are further instructed that if you believe from the entire testimony and from your inspection of the premises, that any witness has willfully magnified or exaggerated the value of the land taken or the damages to the land not taken, on account of his interest in the suit or his prejudice or want of knowledge or experience or truthfulness, then you have the right, and it is your duty, to disregard the evidence of such witness in so far as the same is unjustly magnified or unjustly increased, either as to

11933–1933
Chicago, Ottawa & Peoria Railway Co. v. Rausch neutral
ill · 1910
1 sentence

1933Practically this same instruction, as well as the converse of it, except that the instruction did not contain the word “willfully,” was condemned in Chicago, Ottawa and Peoria Railway Co. v. Rausch, 245 Ill. 477 .

11933–1933
Frank Parmelee Co. v. Wheelock neutral
illappct · 1906
1 sentence

1924The court held the converse of this rule in Frank Parmelee Co. v. Wheelock, 127 Ill.

11924–1924
Eldred v. Meek green
· 1899
2 sentences

1914(Eldred, v. Meek, 183 Ill. 26 ; Lawrence v. Smith, 163 id. 149 ; Reid v. Voorhees, 216 id. 236; Johnson v. Preston, 226 id. 447.) The converse of this rule is. equally well established, that where the invalid portions can be separated from those which are valid and still give effect to the general testamentary scheme, the invalid clauses will be disregarded and those that are valid upheld.

1914(Eldred, v. Meek, 183 Ill. 26 ; Lawrence v. Smith, 163 id. 149 ; Reid v. Voorhees, 216 id. 236; Johnson v. Preston, 226 id. 447.) The converse of this rule is. equally well established, that where the invalid portions can be separated from those which are valid and still give effect to the general testamentary scheme, the invalid clauses will be disregarded and those that are valid upheld.

11914–1914
Harvey v. Sullens neutral
· 1870
1 sentence

1893In Harvey v. Sullens, 46 Mo. 147 , the court holds, that an instruction, of like effect with the one under consideration, was erroneous, although, under the particular facts of that case, it was held, as must be done here, that the giving of it was not prejudicial error.

11893–1893
Meeker v. Meeker neutral
ill · 1874
1 sentence

1893Meeker v. Meeker, 75 Ill. 260 ; Brown v. Riggin, 94 id. 560; Rutherford v. Morris, 77 id. 397; Freeman v. Easley, 117 id. 317; Campbell v. Campbell, 130 id. 481; Myatt v. Walker, 44 id. 485; Trish v. Newell, 62 id. 196; Schneider v. Manning, 121 id. 376.

11893–1893

Where else courts name it

MO 161 (1901–2023) OK 37 (1898–1975) CA 37 (1882–2016) NY 33 (1860–2014) TX 28 (1946–2023) LA 23 (1928–2018) FL 20 (1959–2003) PA 18 (1889–2025) KY 17 (1930–2013) WA 14 (1905–2018) GA 13 (1941–1996) IL 12 (1893–2024) KS 9 (1895–2006) NC 8 (1904–2010) IA 8 (1871–2008) OR 8 (1912–1987) ID 7 (1913–2012) NJ 7 (1959–2021) VA 6 (1909–1997) WI 6 (1959–2010) NM 5 (1918–1994) MN 5 (1891–1956) WV 5 (1909–2001) MD 5 (1960–2006) MA 5 (1913–1972) MI 5 (1919–1984) IN 4 (1892–2019) CT 4 (1926–2014) MS 4 (1872–2018) OH 4 (1957–2008) DC 4 (1993–2022) AR 4 (1919–1967) SD 3 (1903–1976) RI 3 (1858–2009) ME 3 (1848–1980) AL 2 (1911–2012) TN 2 (1938–1974) SC 2 (1935–1946) NE 2 (1951–1959) VT 2 (1921–1937) NH 2 (2017–2020) MT 2 (1923–1929) CO 2 (1923–1981)

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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