distinction presumption in Illinois

10 Illinois opinions name it 1 courts 1931–2023 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 (3)

Case	Followed	Cited
Tosado v. Millergreen ill · 1999 · cited in 2 Illinois opinions naming this issue, 2000–2000 2 sentences 2000Justice McMorrow states that “section 13 — 212(a) controls, because it narrows, or makes more specific, the class of defendants as those individuals and entities directly involved.” (Emphasis added.) Tosado, 188 Ill. 2d at 206 , 720 N.E.2d at 1086 (McMorrow, J., dissenting, joined by Rathje, J.). 2000Justice McMorrow states that “section 13 — 212(a) controls, because it narrows, or makes more specific, the class of defendants as those individuals and entities directly involved.” (Emphasis added.) Tosado, 188 Ill. 2d at 206 , 720 N.E.2d at 1086 (McMorrow, J., dissenting, joined by Rathje, J.).	2	2
People v. Evansgreen ill · 1996 · cited in 1 Illinois opinions naming this issue, 2023–2023 1 sentence 2023This distinction applies the rule of People v. Evans, 174 Ill. 2d 320, 332 (1996) that, “following the entry of judgment on a negotiated guilty plea, even if a defendant wants to challenge only his sentence, he must move to withdraw the guilty plea and vacate the judgment so that, in the event the motion is granted, the parties are returned to the status quo.” ¶ 21 Here, although the parties referred to the plea as “open,” the court initially advised defendant, pursuant to Rule 605(c), that he had to file a motion to withdraw the plea.	1	1
Catron v. Watsongreen arizctapp · 1970 · cited in 1 Illinois opinions naming this issue, 1981–1981 2 sentences 1981(See Catron v. Watson (1970), 12 Ariz. App. 132, 136 , 468 P.2d 399, 403 (Jacobson, J., specially concurring).) There is no reason to believe that Balcor’s lawsuit is collusive, or that the parties are not in an adversary position. 1981(See Catron v. Watson (1970), 12 Ariz. App. 132, 136 , 468 P.2d 399, 403 (Jacobson, J., specially concurring).) There is no reason to believe that Balcor’s lawsuit is collusive, or that the parties are not in an adversary position.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Mruk v. Mruk green ill · 1942 2 sentences 1977Mruk v. Mruk, 379 Ill. 394 , 41 N.E.2d 490 . 1977Mruk v. Mruk, 379 Ill. 394 , 41 N.E.2d 490 .	1	1977–1977
Spina v. Spina green ill · 1939 2 sentences 1973Whether or not this concededly tenuous distinction is adequate to reconcile the cases, the fact is that the distinction as to the presumption of gift or of resulting trust based upon the incidence of the legal duty to support was not applied in the fact situation in which the contributing and non-contributing spouses both take title to the realty as joint tenants. ( Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social util 1973Whether or not this concededly tenuous distinction is adequate to reconcile the cases, the fact is that the distinction as to the presumption of gift or of resulting trust based upon the incidence of the legal duty to support was not applied in the fact situation in which the contributing and non-contributing spouses both take title to the realty as joint tenants. ( Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social util	1	1973–1973
Walker v. Walker neutral ill · 1938 2 sentences 1973Whether or not this concededly tenuous distinction is adequate to reconcile the cases, the fact is that the distinction as to the presumption of gift or of resulting trust based upon the incidence of the legal duty to support was not applied in the fact situation in which the contributing and non-contributing spouses both take title to the realty as joint tenants. ( Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social util 1973Whether or not this concededly tenuous distinction is adequate to reconcile the cases, the fact is that the distinction as to the presumption of gift or of resulting trust based upon the incidence of the legal duty to support was not applied in the fact situation in which the contributing and non-contributing spouses both take title to the realty as joint tenants. ( Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social util	1	1973–1973
Mauricau v. Haugen green ill · 1944 2 sentences 1973(Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social utility: “Both the law and current social mores cast doubt on these historical attitudes.” (Peek v. Peek (1971), 131 Ill.App.2d 1045 at 1047 , 268 N.E.2d 443 .) The one case in which the said distinction may appear to have been applied to the joint tenancy situation between spouses (Mauricau v. Haugen (1944), 387 Ill. 186 , 56 N.E.2d 367 ) is itself easily distinguishab 1973(Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social utility: “Both the law and current social mores cast doubt on these historical attitudes.” (Peek v. Peek (1971), 131 Ill.App.2d 1045 at 1047 , 268 N.E.2d 443 .) The one case in which the said distinction may appear to have been applied to the joint tenancy situation between spouses (Mauricau v. Haugen (1944), 387 Ill. 186 , 56 N.E.2d 367 ) is itself easily distinguishab	1	1973–1973
Peek v. Peek green illappct · 1971 2 sentences 1973(Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social utility: “Both the law and current social mores cast doubt on these historical attitudes.” (Peek v. Peek (1971), 131 Ill.App.2d 1045 at 1047 , 268 N.E.2d 443 .) The one case in which the said distinction may appear to have been applied to the joint tenancy situation between spouses (Mauricau v. Haugen (1944), 387 Ill. 186 , 56 N.E.2d 367 ) is itself easily distinguishab 1973Whether or not this concededly tenuous distinction is adequate to reconcile the cases, the fact is that the distinction as to the presumption of gift or of resulting trust based upon the incidence of the legal duty to support was not applied in the fact situation in which the contributing and non-contributing spouses both take title to the realty as joint tenants. ( Walker v. Walker (1938), 369 Ill. 627 , 17 N.E.2d 567 ; Spina v. Spina (1939), 372 Ill. 50 , 22 N.E.2d 687 .) (We note further that reservations have been expressed as to whether the said distinction has any present-day social util	1	1973–1973
Schreiner v. City of Chicago green ill · 1950 1 sentence 1962Lindstrom v. City of Chicago, 331 Ill 144, 162 NE 128 ; Chicago City Bank and Trust Co. v. Board of Education of Chicago, 386 Ill 508, 54 NE2d 498 ; Schreiner v. City of Chicago, 406 Ill 75, 91, 92 NE2d 133 .	1	1962–1962
Chicago City Bank & Trust Co. v. Board of Education green ill · 1944 1 sentence 1962Lindstrom v. City of Chicago, 331 Ill 144, 162 NE 128 ; Chicago City Bank and Trust Co. v. Board of Education of Chicago, 386 Ill 508, 54 NE2d 498 ; Schreiner v. City of Chicago, 406 Ill 75, 91, 92 NE2d 133 .	1	1962–1962
Lindstrom v. City of Chicago neutral ill · 1928 1 sentence 1962Lindstrom v. City of Chicago, 331 Ill 144, 162 NE 128 ; Chicago City Bank and Trust Co. v. Board of Education of Chicago, 386 Ill 508, 54 NE2d 498 ; Schreiner v. City of Chicago, 406 Ill 75, 91, 92 NE2d 133 .	1	1962–1962
Chicago Title & Trust Co. v. Morey neutral illappct · 1935 1 sentence 1938The distinction in the rule applying to this nature of case and such as existed in the Chicago Title & Trust Co. v. Morey, supra, is, that in the one instance the gifts from income are charges generally against the income with the possibility under the terms of the will for surplus income from the trust to accumulate.	1	1938–1938
Greenebaum v. McCormick neutral illappct · 1933 1 sentence 1935The only case cited involving the precise question presented is Greenebaum v. McCormick, 273 Ill.	1	1935–1935
Reardon v. Taft neutral illappct · 1924 1 sentence 1931This is well stated in the case of Reardon v. Taft, 235 Ill.	1	1931–1931

Where else courts name it

NY 18 (1848–2021) WA 12 (1900–2015) IL 10 (1931–2023) TX 10 (1914–2010) OR 9 (1966–2024) PA 9 (1909–2021) CA 9 (1968–2019) AL 8 (1861–2015) MN 6 (1887–2006) NJ 6 (1958–2009) TN 5 (1903–2018) KY 5 (1933–2020) NC 5 (1919–2021) OH 5 (1911–2019) OK 4 (1949–2023) MI 4 (1996–2017) VA 4 (1987–2008) AZ 4 (1926–2011) MD 4 (1851–2003) WI 3 (1893–2007) IA 3 (1937–1977) DE 3 (1881–1909) NM 3 (1942–2008) FL 3 (1959–1974) LA 3 (1962–2005) HI 3 (1996–2005) CO 3 (1955–2025) NE 3 (1895–1967) MA 2 (1975–2007) RI 2 (1903–2008) MO 2 (1906–2010) AR 2 (1929–1930) WY 2 (1976–1981)

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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