absent person claim (Illinois) · Go Syfert
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absent person claim in Illinois

6 Illinois opinions name it 2 courts 1979–2022 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 (4)

CaseFollowedCited
Lakeview Trust & Savings Bank v. Estradagreen
illappct · 1985 · cited in 3 Illinois opinions naming this issue, 1988–2005
2 sentences

2005App. 3d 792, 811 , 480 N.E.2d 1312, 1326 (1985) (relevant inquiry is not whether the judgment in fact altered the absent person’s interest in the subject matter but whether the absent person might claim a substantial interest).

2005App. 3d 792, 811 , 480 N.E.2d 1312, 1326 (1985) (relevant inquiry is not whether the judgment in fact altered the absent person's interest in the subject matter but whether the absent person might claim a substantial interest).

33
People Ex Rel. Sheppard v. Moneygreen
ill · 1988 · cited in 2 Illinois opinions naming this issue, 2012–2022
2 sentences

2022Sheppard v. Money, 124 Ill. 2d 265, 281 (1988)).

2012Instead, it is whether the absent person might claim a substantial and present interest which determines that the person is a necessary and indispensable party.” Id.

12
Northern Pacific Railway Co. v. Townsendgreen
· 1903 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005In Northern Pacific, 190 U.S. at 267-68, 47 L.

2005In Northern Pacific, 190 U.S. at 267-68, 47 L.

12
Feen v. Raygreen
ill · 1985 · cited in 1 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See Feen v. Ray, 109 Ill.2d 339, 344 , 93 Ill.Dec. 794 , 487 N.E.2d 619, 620 (1985) (rule of equity that any person who is interested in the subject matter of the litigation is a necessary and indispensable party); Lakeview Trust & Savings Bank v. Estrada, 134 Ill.App.3d 792, 811 , 89 Ill.Dec. 569 , 480 N.E.2d 1312, 1326 (1985) (relevant inquiry is not whether the judgment in fact altered the absent person's interest in the subject matter but whether the absent person might claim a substantial interest).

2005See Feen v. Ray, 109 Ill.2d 339, 344 , 93 Ill.Dec. 794 , 487 N.E.2d 619, 620 (1985) (rule of equity that any person who is interested in the subject matter of the litigation is a necessary and indispensable party); Lakeview Trust & Savings Bank v. Estrada, 134 Ill.App.3d 792, 811 , 89 Ill.Dec. 569 , 480 N.E.2d 1312, 1326 (1985) (relevant inquiry is not whether the judgment in fact altered the absent person's interest in the subject matter but whether the absent person might claim a substantial interest).

11

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 (2)

CaseCitedYears
Howerton v. Prudential Insurance Co. of America neutral
illappct · 2012
1 sentence

2022Instead, it is whether the absent person might claim a substantial and present interest which determines that the person is a necessary and indispensable party.’ ” Id. (quoting People ex rel.

12022–2022
Oglesby v. Springfield Marine Bank green
ill · 1944
2 sentences

1979(Oglesby v. Springfield Marine Bank (1944), 385 Ill. 414 , 52 N.E.2d 1000 .) Under these circumstances, it appears that Bayzid did have an interest in the subject matter of the controversy which would be materially affected by a judgment entered in his absence.

1979(Oglesby v. Springfield Marine Bank (1944), 385 Ill. 414 , 52 N.E.2d 1000 .) Under these circumstances, it appears that Bayzid did have an interest in the subject matter of the controversy which would be materially affected by a judgment entered in his absence.

11979–1979

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