elemental principle (Illinois) · Go Syfert
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elemental principle in Illinois

13 Illinois opinions name it 2 courts 1920–2005 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 (1)

CaseFollowedCited
Board of Trustees v. Village of Glen Ellyngreen
illappct · 1949 · cited in 5 Illinois opinions naming this issue, 1972–2001
2 sentences

2001The controlling principles are quite settled: “It is an elemental principle of law, applied in both law and equity courts, that where one person has received money or its equivalent, which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed. [Citations.] In equity, the theory of recovery is predicated on the imposition of a constructive trust, [citations] and at law, on the basis of a quasi-contract, or contract implied in law. [Citations.]” Board of Trustees of Police Pension Fund v. Village of Glen Ellyn, 337 Ill

2001The controlling principles are quite settled: “It is an elemental principle of law, applied in both law and equity courts, that where one person has received money or its equivalent, which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed. [Citations.] In equity, the theory of recovery is predicated on the imposition of a constructive trust, [citations] and at law, on the basis of a quasi-contract, or contract implied in law. [Citations.]” Board of Trustees of Police Pension Fund v. Village of Glen Ellyn , 337 Il

25

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 (13)

CaseCitedYears
People v. Edwards green
ill · 1978
2 sentences

2005People v. Edwards, 74 Ill. 2d 1 , 383 N.E.2d 944 (1978).

2005People v. Edwards, 74 Ill. 2d 1 , 383 N.E.2d 944 (1978).

22005–2005
In Re Estate of Ray green
illappct · 1972
2 sentences

1975In Board of Trustees v. Village of Glen Ellyn (1949), 337 Ill.App. 183, 194-5 , 85 N.E.2d 473, 479 , the court stated: “It is an elemental principle of law, applied in both law and equity courts, that where one person has received money or its equivalent, which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed. [Citations.]” Likewise, in the matter not directly applicable to the factual situation before us, the court in In re Estate of Ray (1972), 7 Ill.App.3d 433, 439 , 287 N.E.2d 144, 148-9 , stated: “While it

1975In Board of Trustees v. Village of Glen Ellyn (1949), 337 Ill.App. 183, 194-5 , 85 N.E.2d 473, 479 , the court stated: “It is an elemental principle of law, applied in both law and equity courts, that where one person has received money or its equivalent, which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed. [Citations.]” Likewise, in the matter not directly applicable to the factual situation before us, the court in In re Estate of Ray (1972), 7 Ill.App.3d 433, 439 , 287 N.E.2d 144, 148-9 , stated: “While it

21975–1988
Davis v. Alaska green
scotus · 1974
2 sentences

1993(Davis v. Alaska (1974), 415 U.S. 308 , 39 L.

1993(Davis v. Alaska (1974), 415 U.S. 308 , 39 L.

11993–1993
County of Lake v. X-Po Security Police Service, Inc. green
illappct · 1975
1 sentence

1988App. 3d 750 , a case decided prior to Hester, wherein this court stated: “ ‘It is an elemental principle of law, applied in both law and equity courts, that where one person has received money or its equivalent, which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed. [Citations.]’ ” ( 27 Ill.

11988–1988
Zeve v. Levy green
ill · 1967
1 sentence

1975(Ellman v. De Ruiter, 412 Ill. 285 , 106 N.E.2d 350 .) Urging that this elemental principle does not apply to this case, DRG has cited to us Zeve v. Levy, 37 Ill.2d 404 , 266 N.E.2d 620 , and a number of supreme and appellate court decisions which hold that relief under section 72 from a tax-deed order that finds compliance with' statutory requirements is available only upon proof of fraud.

11975–1975
Ellman v. De Ruiter green
ill · 1952
2 sentences

1975(Ellman v. De Ruiter, 412 Ill. 285 , 106 N.E.2d 350 .) Urging that this elemental principle does not apply to this case, DRG has cited to us Zeve v. Levy, 37 Ill.2d 404 , 266 N.E.2d 620 , and a number of supreme and appellate court decisions which hold that relief under section 72 from a tax-deed order that finds compliance with' statutory requirements is available only upon proof of fraud.

1975(Ellman v. De Ruiter, 412 Ill. 285 , 106 N.E.2d 350 .) Urging that this elemental principle does not apply to this case, DRG has cited to us Zeve v. Levy, 37 Ill.2d 404 , 266 N.E.2d 620 , and a number of supreme and appellate court decisions which hold that relief under section 72 from a tax-deed order that finds compliance with' statutory requirements is available only upon proof of fraud.

11975–1975
Salvati v. Streator Township High School District No. 40 green
illappct · 1964
2 sentences

1972The nature of this type of cause of action was discussed in Willens v. City of Northlake (1958), 19 Ill.App.2d 316, 318 , 152 N.E.2d 486, 487 , where the court stated: “This court said in Board of Trustees of Police Pension Fund of Glen Ellyn v. Village of Glen Ellyn, 337 Ill.App. 183 , 194-195: Tt is an elemental principle of law, applied in both law and equity courts, that where one person has received money * * * which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed.’ The recovery at law, the court said (Pag

1972The nature of this type of cause of action was discussed in Willens v. City of Northlake (1958), 19 Ill.App.2d 316, 318 , 152 N.E.2d 486, 487 , where the court stated: “This court said in Board of Trustees of Police Pension Fund of Glen Ellyn v. Village of Glen Ellyn, 337 Ill.App. 183 , 194-195: Tt is an elemental principle of law, applied in both law and equity courts, that where one person has received money * * * which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed.’ The recovery at law, the court said (Pag

11972–1972
Willens v. City of Northlake green
illappct · 1958
2 sentences

1972The nature of this type of cause of action was discussed in Willens v. City of Northlake (1958), 19 Ill.App.2d 316, 318 , 152 N.E.2d 486, 487 , where the court stated: “This court said in Board of Trustees of Police Pension Fund of Glen Ellyn v. Village of Glen Ellyn, 337 Ill.App. 183 , 194-195: Tt is an elemental principle of law, applied in both law and equity courts, that where one person has received money * * * which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed.’ The recovery at law, the court said (Pag

1972The nature of this type of cause of action was discussed in Willens v. City of Northlake (1958), 19 Ill.App.2d 316, 318 , 152 N.E.2d 486, 487 , where the court stated: “This court said in Board of Trustees of Police Pension Fund of Glen Ellyn v. Village of Glen Ellyn, 337 Ill.App. 183 , 194-195: Tt is an elemental principle of law, applied in both law and equity courts, that where one person has received money * * * which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed.’ The recovery at law, the court said (Pag

11972–1972
Peter v. Peter green
ill · 1931
1 sentence

1958App. 183, at p. 194 , the court says: “It is an elemental principle of law, applied in both law and equity courts, that where one person has received money or its equivalent, which belongs to another, under such circumstances that in equity and good conscience he ought not to retain it, recovery will be allowed. . . . [Citing cases.] “In equity, the theory of recovery is predicated on the imposition of a constructive trust . . . [citing cases] and at law, on the basis of a quasi-contract, or contract implied in law. . . . [Citing cases.]” In Peter v. Peter, 343 Ill. 493 , the court says: “The

11958–1958
Rothschild v. Village of Calumet Park green
ill · 1932
1 sentence

1949(Board of Highway Commissioners v. Bloomington, 253 Ill. 164 ; Rothschild v. Village of Calumet Park, 350 Ill. 330 ; Harrold v. City of East St.

11949–1949
Board of Highway Commissioners v. City of Bloomington green
ill · 1911
1 sentence

1949(Board of Highway Commissioners v. Bloomington, 253 Ill. 164 ; Rothschild v. Village of Calumet Park, 350 Ill. 330 ; Harrold v. City of East St.

11949–1949
Kehl v. Taylor neutral
ill · 1916
2 sentences

1920(Kehl v. Taylor, 275 Ill. 346 ; People v. Abbott, 274 id. 380 ; Stribling v. Prettyman, 57 id. 371 .) .It is also an elemental rule of construction that a statute should be so construed, if possible, as to give to each phrase and word its ordinary and accepted meaning.

1920(Kehl v. Taylor, 275 Ill. 346 ; People v. Abbott, 274 id. 380 ; Stribling v. Prettyman, 57 id. 371 .) .It is also an elemental rule of construction that a statute should be so construed, if possible, as to give to each phrase and word its ordinary and accepted meaning.

11920–1920
Ruda v. Industrial Board green
ill · 1918
1 sentence

1920Ruda v. Industrial Board, 283 Ill. 550 ; Crozer v. People, 206 id. 464.

11920–1920

Where else courts name it

CO 63 (1913–2026) TX 27 (1936–2024) FL 25 (1905–2026) PA 16 (1932–2023) IL 13 (1920–2005) CA 9 (1943–2020) MO 9 (1893–2014) IN 7 (1889–1978) VT 7 (1978–2015) IA 5 (1900–2017) NJ 5 (1945–2005) NC 5 (1910–2022) GA 5 (1954–1976) TN 5 (1927–2014) UT 5 (1964–2021) VA 4 (1984–2004) CT 4 (1907–2016) OK 4 (1911–1980) AL 4 (1939–1970) KS 4 (1973–2024) OH 4 (1907–2011) NY 3 (1927–1977) MI 3 (1967–2004) HI 3 (1981–2003) MD 3 (1978–2002) WA 3 (2000–2020) KY 3 (1932–2007) MA 3 (1960–2015) MS 3 (1956–1985) MT 2 (2013–2013) LA 2 (1956–2000) SD 2 (1999–1999) WY 2 (1941–1992)

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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