General Assembly violation (Illinois) · Go Syfert
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General Assembly violation in Illinois

8 Illinois opinions name it 2 courts 1917–2018 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
Marriage of Gutman v. Gutmangreen
ill · 2008 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See In re Marriage of Gutman, 232 Ill. 2d 145, 149-50 (2008). ¶ 31 If the General Assembly could not claim to be interpreting prior law, can its statement nevertheless permissibly serve as a statement of retroactivity?

2017See In re Marriage of Gutman , 232 Ill. 2d 145 , 149-50, 327 Ill.Dec. 510 , 902 N.E.2d 631 (2008). ¶ 31 If the General Assembly could not claim to be interpreting prior law, can its statement nevertheless permissibly serve as a statement of retroactivity?

22

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 (5)

CaseCitedYears
People ex rel. Stevenson v. Illinois Central Railroad neutral
ill · 1923
2 sentences

1941(People v. Illinois Central Railroad Co. 310 Ill. 212 ; Wetherell v. Devine, 116 id. 631; Updike v. Wright, 81 id. 49.) The curative act relied upon by appellee was wholly ineffective.

1940(People v. Illinois Central Railroad Co. 310 Ill. 212 ; Herschbach v. Kaskaskia Sanitary District, 265 id. 388; Wetherell v. Devine, 116 id. 631; Updike v. Wright, 81 id. 49.) A validating act, so-called, cannot cure a lack of authority to act at all.

21940–1941
Schultz v. Illinois Farmers Insurance green
ill · 2010
1 sentence

2015Fry is an insured under this policy and application of the reasonable belief exclusion to deny her UM coverage as a permissive passenger denies her the protection intended by the General Assembly in violation of public policy. ¶ 18 In seeking to deny coverage, the insurer in Schultz argued that the term "permissive users" was limited to "drivers," however, the court rejected this argument because it would 9 1-14-1713 "necessitate that we read into the governing statutes a distinction which the legislature itself has not made." Schultz, 237 Ill. 2d at 407-08 .

12015–2015
People v. Esposito green
ill · 1988
2 sentences

1995(People v. Esposito (1988), 121 Ill. 2d 491, 497 , 521 N.E.2d 873 .) In considering an equal protection claim, we employ a two-step analysis to determine whether a legislative classification is constitutional.

1995(People v. Esposito (1988), 121 Ill. 2d 491, 497 , 521 N.E.2d 873 .) In considering an equal protection claim, we employ a two-step analysis to determine whether a legislative classification is constitutional.

11995–1995
Johnson v. Joliet & Chicago Railroad green
ill · 1859
1 sentence

1979Co. (1859), 23 Ill. 202, 207 , where, when faced with a challenge to a special statute on the grounds that the same purpose could be accomplished under general laws, the court stated: “It is too late now to make this objection, since, by the action of the General Assembly under this clause, special acts have been so long the order of the day, and the ruling passion with every legislature which has convened under the constitution, until their acts of this description fill a huge and misshapen volume, and important and valuable rights claimed under them.

11979–1979
Jackson v. Norris neutral
ill · 1874
1 sentence

1917A public official having only ministerial duties may be held personally liable for the payment of an appropriation for a purpose which is not governmental in its nature, as in the case of Jackson v. Norris, 72 Ill. 364 , where the treasurer of the city of Salem paid $1000 to the Salem Manufacturing Company to enable that company to discharge its debts, but it would be a perilous doctrine to hold that an official having ministerial duties in the machinery of the State government is authorized to determine whether an act of the General Assembly is in violation of the constitution where he has no

11917–1917

Where else courts name it

OH 12 (1977–2020) KY 9 (1915–2024) IL 8 (1917–2018) CO 6 (1983–2016) PA 6 (1939–2023) NC 5 (1934–2010) VA 5 (1995–2026) MD 4 (1998–2019) GA 4 (1977–1997) SC 4 (1951–2025) AR 2 (1986–1998)

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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