below committed error in Illinois

8 Illinois opinions name it 2 courts 1892–2011 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)

Case	Followed	Cited
Marshall v. Burger King Corp.green ill · 2006 · cited in 2 Illinois opinions naming this issue, 2011–2011 2 sentences 2011"Much confusion over duty stems from courts' [and lawyers'] tendency to attribute a variety of different meanings to the term." Marshall v. Burger King Corp., 222 Ill.2d 422, 436 , 305 Ill.Dec. 897 , 856 N.E.2d 1048 (2006). "[Often,] confusion over duty arises because * * * `the existence of a duty is not a discoverable fact of nature.' [Citation.] On the contrary, determining whether a duty should be imposed involves considerations of public policy." Id. (quoting 1 Dan B. 2011"Much confusion over duty stems from courts' [and lawyers'] tendency to attribute a variety of different meanings to the term." Marshall v. Burger King Corp., 222 Ill.2d 422, 436 , 305 Ill.Dec. 897 , 856 N.E.2d 1048 (2006). "[Often,] confusion over duty arises because * * * `the existence of a duty is not a discoverable fact of nature.' [Citation.] On the contrary, determining whether a duty should be imposed involves considerations of public policy." Id. (quoting 1 Dan B.	1	2

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
Linn v. United Plant Guard Workers of America, Local 114 green scotus · 1966 2 sentences 1973Regarding the resolution of the second issue on appeal — whether the court below erred in striking plaintiffs’ complaint and dismissing the cause on its. pleadings — we look for guidance to the U.S. Supreme Court’s decision in Linn v. United Plant Guard Workers Local 114, (1966), 383 U.S. 53 , 15 L.Ed.2d 582 , 86 S.Ct. 657 . 1973Regarding the resolution of the second issue on appeal — whether the court below erred in striking plaintiffs’ complaint and dismissing the cause on its. pleadings — we look for guidance to the U.S. Supreme Court’s decision in Linn v. United Plant Guard Workers Local 114, (1966), 383 U.S. 53 , 15 L.Ed.2d 582 , 86 S.Ct. 657 .	1	1973–1973
Haussknecht v. Claypool neutral scotus · 1862 1 sentence 1931Nor do we think that a specific offer as to what the husband would testify to necessary, where, as in this case, he was excluded as being incompetent to testify.” (Citing Haussknecht v. Claypool, 66 U. S. 431 , 435; State v. Thomas, 111 Ind. 515, 518 .) And, after examining the entire admitted evidence, we are not satisfied that the finding of the court is sufficiently supported by a preponderance of the evidence.	1	1931–1931
State ex rel. Steigerwald v. Thomas green ind · 1887 1 sentence 1931Nor do we think that a specific offer as to what the husband would testify to necessary, where, as in this case, he was excluded as being incompetent to testify.” (Citing Haussknecht v. Claypool, 66 U. S. 431 , 435; State v. Thomas, 111 Ind. 515, 518 .) And, after examining the entire admitted evidence, we are not satisfied that the finding of the court is sufficiently supported by a preponderance of the evidence.	1	1931–1931
Anderson v. Friend neutral ill · 1874 1 sentence 1911Johnson v. McGregor, 157 Ill. 350 ; Anderson v. Friend, 71 Ill. 475 .	1	1911–1911
Johnson v. McGregor green ill · 1895 1 sentence 1911Johnson v. McGregor, 157 Ill. 350 ; Anderson v. Friend, 71 Ill. 475 .	1	1911–1911
Davis v. Taylor neutral ill · 1866 1 sentence 1909Co. v. Foulks, 191 Ill. 57 , it was held, that there was no error in granting a new trial to two defendants and permitting suit to be dismissed as to them and entering judgment against a third defendant alone, when a verdict was against all three defendants; and in Davis v. Taylor, 41 Ill. 405 , approved in Postal Telegraph-Cable Co. v. Likes, supra, it is said, “Taking a judgment against a portion of the defendants amounts to a dismissal of the case as to the residue and in actions ex delicto this may he done.” Under the well-recognized rule stated in the above cases, the court below committe	1	1909–1909
Illinois Central Railroad v. Foulks green ill · 1901 1 sentence 1909Co. v. Foulks, 191 Ill. 57 , it was held, that there was no error in granting a new trial to two defendants and permitting suit to be dismissed as to them and entering judgment against a third defendant alone, when a verdict was against all three defendants; and in Davis v. Taylor, 41 Ill. 405 , approved in Postal Telegraph-Cable Co. v. Likes, supra, it is said, “Taking a judgment against a portion of the defendants amounts to a dismissal of the case as to the residue and in actions ex delicto this may he done.” Under the well-recognized rule stated in the above cases, the court below committe	1	1909–1909
Postal Telegraph-Cable Co. v. Likes neutral ill · 1907 1 sentence 1909Co. v. Foulks, 191 Ill. 57 , it was held, that there was no error in granting a new trial to two defendants and permitting suit to be dismissed as to them and entering judgment against a third defendant alone, when a verdict was against all three defendants; and in Davis v. Taylor, 41 Ill. 405 , approved in Postal Telegraph-Cable Co. v. Likes, supra, it is said, “Taking a judgment against a portion of the defendants amounts to a dismissal of the case as to the residue and in actions ex delicto this may he done.” Under the well-recognized rule stated in the above cases, the court below committe	1	1909–1909
Gage v. City of Chicago neutral ill · 1901 1 sentence 1902(Gage v. City of Chicago, 192 Ill. 586 ; Same v. Same, 198 id. 108.) Here the final resolution was adopted by a majority of the board, hence the court below committed no error in overruling the second objection insisted upon by appellant.	1	1902–1902
Schmidt v. Braley neutral ill · 1884 1 sentence 1892Schmidt v. Braley, 112 Ill. 48 ; Byrne v. Clark, 31 Ill.	1	1892–1892
Byrne v. Clark neutral illappct · 1889 1 sentence 1892Schmidt v. Braley, 112 Ill. 48 ; Byrne v. Clark, 31 Ill.	1	1892–1892

Where else courts name it

PA 81 (1898–2017) MS 16 (1915–2018) NC 10 (1940–1966) MD 9 (1898–1987) AL 8 (1912–1956) IL 8 (1892–2011) OK 7 (1889–1955) CA 7 (1889–2022) KS 6 (1881–1901) IN 6 (1876–1979) TX 5 (1881–1934) OH 5 (1929–2017) MO 4 (1857–1897) CO 3 (1894–1932) OR 2 (1896–1929) MI 2 (1865–1957) GA 2 (1883–1904) DE 2 (1932–1990) FL 2 (1947–1956)

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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