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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.
| Case | Followed | Cited |
|---|---|---|
Board of Trustees v. Village of Glen Ellyngreen2 sentences2001The 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 | 2 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Edwards
green
2 sentences2005People 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). | 2 | 2005–2005 |
In Re Estate of Ray
green
2 sentences1975In 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 | 2 | 1975–1988 |
Davis v. Alaska
green
2 sentences1993(Davis v. Alaska (1974), 415 U.S. 308 , 39 L. 1993(Davis v. Alaska (1974), 415 U.S. 308 , 39 L. | 1 | 1993–1993 |
County of Lake v. X-Po Security Police Service, Inc.
green
1 sentence1988App. 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. | 1 | 1988–1988 |
Zeve v. Levy
green
1 sentence1975(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. | 1 | 1975–1975 |
Ellman v. De Ruiter
green
2 sentences1975(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. | 1 | 1975–1975 |
Salvati v. Streator Township High School District No. 40
green
2 sentences1972The 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 | 1 | 1972–1972 |
Willens v. City of Northlake
green
2 sentences1972The 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 | 1 | 1972–1972 |
Peter v. Peter
green
1 sentence1958App. 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 | 1 | 1958–1958 |
Rothschild v. Village of Calumet Park
green
1 sentence1949(Board of Highway Commissioners v. Bloomington, 253 Ill. 164 ; Rothschild v. Village of Calumet Park, 350 Ill. 330 ; Harrold v. City of East St. | 1 | 1949–1949 |
Board of Highway Commissioners v. City of Bloomington
green
1 sentence1949(Board of Highway Commissioners v. Bloomington, 253 Ill. 164 ; Rothschild v. Village of Calumet Park, 350 Ill. 330 ; Harrold v. City of East St. | 1 | 1949–1949 |
Kehl v. Taylor
neutral
2 sentences1920(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. | 1 | 1920–1920 |
Ruda v. Industrial Board
green
1 sentence1920Ruda v. Industrial Board, 283 Ill. 550 ; Crozer v. People, 206 id. 464. | 1 | 1920–1920 |
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.