Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Illinois opinions name it 1 courts 1983–2004 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 |
|---|---|---|
Norman A. Koglin Associates v. Valenz Oro, Inc.green2 sentences2004Norman A. Koglin Associates, 176 Ill. 2d at 393 . 1999See also Norman A. Koglin Associates v. Valenz Oro, Inc., 176 Ill. 2d 385, 393 (1997) (“a counterclaim differs from an answer or affirmative defense”). | 1 | 3 |
Dudek, Inc. v. Shred Pax Corp.green1 sentence1995App. 3d 890, 894 , 612 N.E.2d 1049, 1052 ; see also Dudek, Inc. v. Shred Pax Corp. (1993), 254 Ill. | 1 | 1 |
Peoria Housing Authority v. Sandersgreen2 sentences1983(Peoria Housing Authority v. Sanders (1973), 54 Ill. 2d 478, 484-85 , 298 N.E.2d 173, 175-77 (dissent); Wilson v. Tromly (1949), 404 Ill. 307, 309-10 , 89 N.E.2d 22 .) In the present case, the only time Lee put into motion the instruments of the court to recover money damages from Burlington was with the filing of his counterclaim, not with his answer, under which he could collect nothing (see 404 Ill. 307, 314 , 89 N.E.2d 22, 26 ). 1983(Peoria Housing Authority v. Sanders (1973), 54 Ill. 2d 478, 484-85 , 298 N.E.2d 173, 175-77 (dissent); Wilson v. Tromly (1949), 404 Ill. 307, 309-10 , 89 N.E.2d 22 .) In the present case, the only time Lee put into motion the instruments of the court to recover money damages from Burlington was with the filing of his counterclaim, not with his answer, under which he could collect nothing (see 404 Ill. 307, 314 , 89 N.E.2d 22, 26 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Benckendorf v. Burlington Northern Railroad
green
2 sentences1993(Benckendorf v. Burlington Northern R.R. (1983), 112 Ill. 1985Benckendorf v. Burlington Northern R.R. (1983), 112 Ill. | 2 | 1985–1993 |
Marion Metal & Roofing Co., Inc. v. Wood
green
2 sentences1995The question, then, is whether Barnard’s claim for damages contained in a pleading entitled "answer” constitutes a "counterclaim.” "A counterclaim differs from an answer or affirmative defense; the former is a cause of action which seeks affirmative relief, whereas an answer or affirmative defense merely attempts to defeat a plaintiff’s cause of action.” Marion Metal & Roofing Co. v. Wood (1993), 243 Ill. 1995App. 3d 890, 894 , 612 N.E.2d 1049, 1052 ; see also Dudek, Inc. v. Shred Pax Corp. (1993), 254 Ill. | 1 | 1995–1995 |
LA SALLE NATIONAL BK. v. the Thresholds
green
1 sentence1993App. 3d 833 , 327 N.E.2d 22 (abstract of opinion).) Plaintiff acknowledges that the defendant need not have filed an answer or affirmative defense, but argues that upon the filing of affirmative defenses, defendant elected to file a written response and having failed to file an answer denying plaintiff's allegations, those allegations are deemed admitted. | 1 | 1993–1993 |
Wilson v. Tromly
green
2 sentences1983(Peoria Housing Authority v. Sanders (1973), 54 Ill. 2d 478, 484-85 , 298 N.E.2d 173, 175-77 (dissent); Wilson v. Tromly (1949), 404 Ill. 307, 309-10 , 89 N.E.2d 22 .) In the present case, the only time Lee put into motion the instruments of the court to recover money damages from Burlington was with the filing of his counterclaim, not with his answer, under which he could collect nothing (see 404 Ill. 307, 314 , 89 N.E.2d 22, 26 ). 1983(Peoria Housing Authority v. Sanders (1973), 54 Ill. 2d 478, 484-85 , 298 N.E.2d 173, 175-77 (dissent); Wilson v. Tromly (1949), 404 Ill. 307, 309-10 , 89 N.E.2d 22 .) In the present case, the only time Lee put into motion the instruments of the court to recover money damages from Burlington was with the filing of his counterclaim, not with his answer, under which he could collect nothing (see 404 Ill. 307, 314 , 89 N.E.2d 22, 26 ). | 1 | 1983–1983 |