firmly established rule (Illinois) · Go Syfert
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firmly established rule in Illinois

48 Illinois opinions name it 2 courts 1895–2026 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 (11)

CaseFollowedCited
People Ex Rel. Daley v. Morangreen
ill · 1983 · cited in 7 Illinois opinions naming this issue, 1985–2020
2 sentences

2020Daley v. Moran, 94 Ill. 2d 41, 45 (1983) (“It is a familiar and firmly established principle that the State’s Attorney, as a member of the executive branch of government, is vested with exclusive discretion in the initiation and management of a criminal prosecution.”).

2014Daley v. Moran, 94 Ill. 2d 41, 45 , 445 N.E.2d 270, 272 (1983) (“It is a familiar and firmly established principle that the State’s Attorney [is] a member of the executive branch ***.”); People v. Rhodes, 38 Ill. 2d 389, 396 , 231 N.E.2d 400, 403 (1967); People ex rel.

47
People v. Jonesgreen
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007People v. Jones, 207 Ill. 2d 122, 133-34 (2003).

2007People v. Jones, 207 Ill. 2d 122, 133-34 (2003).

22
People Ex Rel. Elliott v. Covelligreen
ill · 1953 · cited in 1 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Elliott v. Covelli, 415 Ill. 79, 88-89 , 112 N.E.2d 156, 160-61 (1953). ¶ 37 We agree with Grosskopf that although the State’s Attorney’s office was created within the judicial article of the Illinois Constitution of 1970, the State’s Attorney’s office is not part of the judicial branch of government.

2014Elliott v. Covelli, 415 Ill. 79, 88-89 , 112 N.E.2d 156, 160-61 (1953). ¶ 37 We agree with Grosskopf that although the State’s Attorney’s office was created within the judicial article of the Illinois Constitution of 1970, the State’s Attorney’s office is not part of the judicial branch of government.

11
The PEOPLE v. Rhodesgreen
ill · 1967 · cited in 1 Illinois opinions naming this issue, 2014–2014
2 sentences

2014Daley v. Moran, 94 Ill. 2d 41, 45 , 445 N.E.2d 270, 272 (1983) (“It is a familiar and firmly established principle that the State’s Attorney [is] a member of the executive branch ***.”); People v. Rhodes, 38 Ill. 2d 389, 396 , 231 N.E.2d 400, 403 (1967); People ex rel.

2014Daley v. Moran, 94 Ill. 2d 41, 45 , 445 N.E.2d 270, 272 (1983) (“It is a familiar and firmly established principle that the State’s Attorney [is] a member of the executive branch ***.”); People v. Rhodes, 38 Ill. 2d 389, 396 , 231 N.E.2d 400, 403 (1967); People ex rel.

11
Loeb v. Sterngreen
· 1902 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012Loeb v. Stern, 198 Ill. 371, 383 (1902). “ ‘[I]t is a firmly established rule that unless there is evidence of mistake, fraud, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale.’ ” Lyons Savings & Loan Ass’n, 189 Ill.

11
People v. Fiorinigreen
ill · 1991 · cited in 1 Illinois opinions naming this issue, 1996–1996
1 sentence

1996People v. Fiorini, 143 Ill. 2d 318, 333 (1991); People v. Dorff, 77 Ill.

11
People v. Dorffgreen
illappct · 1979 · cited in 1 Illinois opinions naming this issue, 1996–1996
1 sentence

1996People v. Fiorini, 143 Ill. 2d 318, 333 (1991); People v. Dorff, 77 Ill.

11
People Ex Rel. Carey v. Cousinsgreen
ill · 1979 · cited in 1 Illinois opinions naming this issue, 1990–1990
2 sentences

1990Carey v. Cousins (1979), 77 Ill.2d 531, 538-39 (cited in Moran, 94 Ill.2d at 45 , to support the proposition that "[i]t is a familiar and firmly established principle that the State's Attorney, as a member of the executive branch of government, is vested with exclusive discretion in the initiation and management of a criminal prosecution").) Here, however, we need not look beyond the language of the constitution because, as we have explained, there are a number of specific provisions in the constitution regarding the issue of governmental salaries.

1990Carey v. Cousins (1979), 77 Ill. 2d 531, 538-39 (cited in Moran, 94 Ill. 2d at 45 , to support the proposition that “[i]t is a familiar and firmly established principle that the State’s Attorney, as a member of the executive branch of government, is vested with exclusive discretion in the initiation and management of a criminal prosecution”).) Here, however, we need not look beyond the language of the constitution because, as we have explained, there are a number of specific provisions in the constitution regarding the issue of governmental salaries.

11
Ives v. Town of Limestonegreen
illappct · 1978 · cited in 1 Illinois opinions naming this issue, 1989–1989
1 sentence

1989In Illini Federal, the court observed: “It is settled that a court of equity has wide discretion in supervising judicial sales to insure that such sales are conducted according to law and free from fraud which could deprive the equity owner of valuable rights. [Citations.] This discretion is not unlimited, however, and it is a firmly established rule that unless there is evidence of mistake, fraud, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale. [Citations.] It is the policy of the law to give st

11
Standard Bank & Trust Co. v. Callaghangreen
illappct · 1988 · cited in 1 Illinois opinions naming this issue, 1989–1989
1 sentence

1989App. 3d at 771-72; see also Standard Bank & Trust Co. v. Callaghan (1988), 177 Ill.

11
UPTOWN FEDERAL S. & L. ASS'N v. Walshgreen
illappct · 1973 · cited in 1 Illinois opinions naming this issue, 1980–1980
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 (45)

CaseCitedYears
People v. Lewis green
illappct · 1995
2 sentences

2020People v. Lewis, 269 Ill.

2002People v. Lewis , 269 Ill.

42001–2020
People v. Davis green
ill · 1998
2 sentences

2002Ed. 2d 1 , 102 S. Ct. 869 (1982), for the firmly established rule that “while a capital sentencer ‘may determine the weight to be given relevant mitigating evidence,’ the sentencer ‘may not give it no weight by excluding such evidence’ from its consideration.” Davis, 185 Ill. 2d at 346 , quoting Eddings, 455 U.S. at 114-15 , 71 L.

2002We cited Eddings v. Oklahoma, 455 U.S. 104 , 102 S.Ct. 869 , 71 L.Ed.2d 1 (1982), for the firmly established rule that "while a capital sentencer `may determine the weight to be given relevant mitigating evidence,' the sentencer `may not give it no weight by excluding such evidence' from its consideration." Davis, 185 Ill.2d at 346 , 235 Ill.

22002–2002
Eddings v. Oklahoma green
scotus · 1982
2 sentences

2002Ed. 2d 1 , 102 S. Ct. 869 (1982), for the firmly established rule that “while a capital sentencer ‘may determine the weight to be given relevant mitigating evidence,’ the sentencer ‘may not give it no weight by excluding such evidence’ from its consideration.” Davis, 185 Ill. 2d at 346 , quoting Eddings, 455 U.S. at 114-15 , 71 L.

2002Ed. 2d 1 , 102 S. Ct. 869 (1982), for the firmly established rule that “while a capital sentencer ‘may determine the weight to be given relevant mitigating evidence,’ the sentencer ‘may not give it no weight by excluding such evidence’ from its consideration.” Davis, 185 Ill. 2d at 346 , quoting Eddings, 455 U.S. at 114-15 , 71 L.

22002–2002
Schneider v. Neubert green
ill · 1923
2 sentences

1994Additionally, we note that during the oral argument on the motion for summary judgment, defendants' attorney conceded that "[t]he city's contracts specifically required the subcontractor or, any subcontractor that may be hired to carry the insurance." It is a firmly established principle of contract interpretation that courts should give great weight to the parties' interpretation *596 of the contract because the parties are in the best position to know what was intended by the language employed. ( Schneider v. Neubert (1923), 308 Ill. 40, 43 , 139 N.E. 84, 85 ; Chicago & Northwestern R.R.

1994Additionally, we note that during the oral argument on the motion for summary judgment, defendants' attorney conceded that "[t]he city's contracts specifically required the subcontractor or, any subcontractor that may be hired to carry the insurance." It is a firmly established principle of contract interpretation that courts should give great weight to the parties' interpretation *596 of the contract because the parties are in the best position to know what was intended by the language employed. ( Schneider v. Neubert (1923), 308 Ill. 40, 43 , 139 N.E. 84, 85 ; Chicago & Northwestern R.R.

21994–1994
Scheffki v. C., M., ST. P. & P. RR. CO. green
illappct · 1971
2 sentences

1976It is designed to prevent not only the dishonest practitioner from fraudulent *354 conduct, but to preclude the honest practitioner from putting himself where he must choose between reconciling conflicting interests and protecting rights which he should represent." 1 Ill.

1976It is designed to prevent not only the dishonest practitioner from fraudulent conduct, but to preclude the honest practitioner from putting himself where he must choose between reconciling conflicting interests and protecting rights which he should represent.” 1 Ill.

21976–1976
The People v. Anderson green
ill · 1942
2 sentences

1973Consequently, this court must rely on the firmly established rule that, unless there is evidence of fraud, mistake, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale (Horney v. Hayes (1957), 11 Ill.2d 178 , 142 N.E.2d 94 ; People v. Anderson (1942), 380 Ill. 158 , 43 N.E.2d 997 ; Chicago Title and Trust Co. v. Robin (1935), 361 Ill. 261 , 198 N.E. 4 ).

1973Consequently, this court must rely on the firmly established rule that, unless there is evidence of fraud, mistake, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale (Horney v. Hayes (1957), 11 Ill.2d 178 , 142 N.E.2d 94 ; People v. Anderson (1942), 380 Ill. 158 , 43 N.E.2d 997 ; Chicago Title and Trust Co. v. Robin (1935), 361 Ill. 261 , 198 N.E. 4 ).

21973–1973
Chicago Title and Trust Co. v. Robin green
ill · 1935
2 sentences

1973Consequently, this court must rely on the firmly established rule that, unless there is evidence of fraud, mistake, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale (Horney v. Hayes (1957), 11 Ill.2d 178 , 142 N.E.2d 94 ; People v. Anderson (1942), 380 Ill. 158 , 43 N.E.2d 997 ; Chicago Title and Trust Co. v. Robin (1935), 361 Ill. 261 , 198 N.E. 4 ).

1973Consequently, this court must rely on the firmly established rule that, unless there is evidence of fraud, mistake, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale (Horney v. Hayes (1957), 11 Ill.2d 178 , 142 N.E.2d 94 ; People v. Anderson (1942), 380 Ill. 158 , 43 N.E.2d 997 ; Chicago Title and Trust Co. v. Robin (1935), 361 Ill. 261 , 198 N.E. 4 ).

21973–1973
Horney v. Hayes green
ill · 1957
2 sentences

1973Consequently, this court must rely on the firmly established rule that, unless there is evidence of fraud, mistake, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale (Horney v. Hayes (1957), 11 Ill.2d 178 , 142 N.E.2d 94 ; People v. Anderson (1942), 380 Ill. 158 , 43 N.E.2d 997 ; Chicago Title and Trust Co. v. Robin (1935), 361 Ill. 261 , 198 N.E. 4 ).

1973Consequently, this court must rely on the firmly established rule that, unless there is evidence of fraud, mistake, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale (Horney v. Hayes (1957), 11 Ill.2d 178 , 142 N.E.2d 94 ; People v. Anderson (1942), 380 Ill. 158 , 43 N.E.2d 997 ; Chicago Title and Trust Co. v. Robin (1935), 361 Ill. 261 , 198 N.E. 4 ).

21973–1973
Owens v. Green green
ill · 1948
2 sentences

1960(People v. Holmstrom, 8 Ill.2d 401 ; Owens v. Green, 400 Ill. 380 ; Krause v. Peoria Housing Authority, 370 Ill. 356 .) Equally familiar is the rule that even if a judgment has been entered and a cause is pending on appeal, the reviewing court must dispose of the case under the law in force when its decision is rendered.

1960It is a firmly established principle that where there is no constitutional prohibition, and none has been brought to our attention here, the legislature may, by curative act, validate any proceeding which it might have authorized in advance. ( People v. Holmstrom, 8 Ill.2d 401 ; Owens v. Green, 400 Ill. 380 ; Krause v. Peoria Housing Authority, 370 Ill. 356 .) Equally familiar is the rule that even if a judgment has been entered and a cause is pending on appeal, the reviewing court must dispose of the case under the law in force when its decision is rendered.

21960–1960
Krause v. Peoria Housing Authority green
ill · 1939
2 sentences

1960(People v. Holmstrom, 8 Ill.2d 401 ; Owens v. Green, 400 Ill. 380 ; Krause v. Peoria Housing Authority, 370 Ill. 356 .) Equally familiar is the rule that even if a judgment has been entered and a cause is pending on appeal, the reviewing court must dispose of the case under the law in force when its decision is rendered.

1960It is a firmly established principle that where there is no constitutional prohibition, and none has been brought to our attention here, the legislature may, by curative act, validate any proceeding which it might have authorized in advance. ( People v. Holmstrom, 8 Ill.2d 401 ; Owens v. Green, 400 Ill. 380 ; Krause v. Peoria Housing Authority, 370 Ill. 356 .) Equally familiar is the rule that even if a judgment has been entered and a cause is pending on appeal, the reviewing court must dispose of the case under the law in force when its decision is rendered.

21960–1960
The PEOPLE v. Holmstrom green
ill · 1956
2 sentences

1960(People v. Holmstrom, 8 Ill.2d 401 ; Owens v. Green, 400 Ill. 380 ; Krause v. Peoria Housing Authority, 370 Ill. 356 .) Equally familiar is the rule that even if a judgment has been entered and a cause is pending on appeal, the reviewing court must dispose of the case under the law in force when its decision is rendered.

1960It is a firmly established principle that where there is no constitutional prohibition, and none has been brought to our attention here, the legislature may, by curative act, validate any proceeding which it might have authorized in advance. ( People v. Holmstrom, 8 Ill.2d 401 ; Owens v. Green, 400 Ill. 380 ; Krause v. Peoria Housing Authority, 370 Ill. 356 .) Equally familiar is the rule that even if a judgment has been entered and a cause is pending on appeal, the reviewing court must dispose of the case under the law in force when its decision is rendered.

21960–1960
In Re Estate of Pericles neutral
illappct · 1994
1 sentence

2026Therefore, when calculating respondent’s statutory share upon renunciation of the decedent’s will in Illinois, we find that the trial court did not err when it excluded the Florida and Georgia properties from the decedent’s entire estate.” Id. at 1101 . ¶ 11 Applying the same reasoning here, Arizona law controls the administration of real property in that state and Kevin’s real property there is not part of his “entire estate” for purposes of calculating Deborah’s share under section 2-8.

12026–2026
Illini Federal Savings & Loan Ass'n v. Doering green
illappct · 1987
1 sentence

2012App. 3d at 689 (quoting Illini Federal Savings & Loan Ass’n, 162 Ill.

12012–2012
Lyons Savings & Loan Ass'n v. Gash Associates green
illappct · 1989
1 sentence

2012Loeb v. Stern, 198 Ill. 371, 383 (1902). “ ‘[I]t is a firmly established rule that unless there is evidence of mistake, fraud, or violation of duty by the officer conducting the sale, mere inadequacy of price alone is not sufficient cause for setting aside a judicial sale.’ ” Lyons Savings & Loan Ass’n, 189 Ill.

12012–2012
People v. Burrows green
ill · 1992
2 sentences

1995This court has repeatedly rejected this argument. ( People v. Burrows (1992), 148 Ill.2d 196, 259-60 , 170 Ill.Dec. 317 , 592 N.E.2d 997 .) We continue to adhere to the firmly established principle that the Illinois death penalty is constitutional.

1995(People v. Burrows (1992), 148 Ill. 2d 196, 259-60 .) We continue to adhere to the firmly established principle that the Illinois death penalty is constitutional.

11995–1995
Lake County Trust Co. v. Two Bar B, Inc. green
illappct · 1992
2 sentences

1994App. 3d 589 , 606 N.E.2d 258 .) With regard to property, the Restatement (Second) of Conflict of Laws provides that " 'it is a firmly established principle that questions involving interests in immovables are governed by the law of the situs.’ ” (Lake County Trust Co. v. Two Bar B, Inc., 238 Ill.

1994App. 3d 589 , 606 N.E.2d 258 .) With regard to property, the Restatement (Second) of Conflict of Laws provides that " 'it is a firmly established principle that questions involving interests in immovables are governed by the law of the situs.’ ” (Lake County Trust Co. v. Two Bar B, Inc., 238 Ill.

11994–1994
Presbyterian Distribution Service v. Chicago National Bank green
illappct · 1962
1 sentence

1989(Presbyterian Distribution Service v. Chicago National Bank (1962), 36 Ill.

11989–1989
People v. Perruquet green
ill · 1977
2 sentences

1988(People v. Perruquet (1977), 68 Ill. 2d 149, 153 , 368 N.E.2d 882, 883 .) It is apparent that defendant does not respond to the chastisements of his insurance company, the Secretary of State, or the court.

1988(People v. Perruquet (1977), 68 Ill. 2d 149, 153 , 368 N.E.2d 882, 883 .) It is apparent that defendant does not respond to the chastisements of his insurance company, the Secretary of State, or the court.

11988–1988
The People v. Mills green
ill · 1968
2 sentences

1986(People v. Mills (1968), 40 Ill. 2d 4 , 237 N.E.2d 697 ; People v. Harris (1975), 33 Ill.

1986(People v. Mills (1968), 40 Ill. 2d 4 , 237 N.E.2d 697 ; People v. Harris (1975), 33 Ill.

11986–1986
Monier v. Chamberlain green
ill · 1966
2 sentences

1986(Monier v. Chamberlain (1966), 35 Ill. 2d 351 , 221 N.E.2d 410 .) Moreover, great latitude is allowed in the scope of discovery, and the trial court has broad discretion on ruling on discovery matters, which discretion will not be interfered with on appeal in the absence of a manifest abuse of discretion affirmatively, and clearly shown by the appellant.

1986(Monier v. Chamberlain (1966), 35 Ill. 2d 351 , 221 N.E.2d 410 .) Moreover, great latitude is allowed in the scope of discovery, and the trial court has broad discretion on ruling on discovery matters, which discretion will not be interfered with on appeal in the absence of a manifest abuse of discretion affirmatively, and clearly shown by the appellant.

11986–1986
People v. Harris neutral
illappct · 1975
11986–1986
People v. Myers green
illappct · 1977
11979–1979
Orlicki v. McCarthy green
ill · 1954
11979–1979
People v. Terrell green
ill · 1975
11979–1979
Zavaleta v. Zavaleta green
illappct · 1976
11979–1979
People v. Richardson green
illappct · 1978
11979–1979
Illinois Bell Telephone Co. v. Allphin green
ill · 1975
11977–1977
People v. Kelly green
illappct · 1975
11977–1977
The People v. Smith green
ill · 1949
11977–1977
Daly v. County of Madison green
ill · 1941
11977–1977
Kopprasch v. Satter green
ill · 1928
11977–1977
Owens-Illinois Glass Co. v. McKibbin green
ill · 1943
11977–1977
Crocker v. Smith green
ill · 1937
11977–1977
Hogan v. Orr neutral
ill · 1930
11977–1977
Heroux v. Romanowski neutral
ill · 1929
11977–1977
Sta-Ru Corp. v. Mahin green
ill · 1976
11977–1977
People v. Smith green
illappct · 1966
11977–1977
People v. Fox neutral
illappct · 1972
11977–1977
People v. Gerold green
ill · 1914
11971–1971
Dolan v. Whitney neutral
ill · 1952
11960–1960

Where else courts name it

CA 78 (1917–2026) NY 64 (1894–2019) IL 48 (1895–2026) MO 38 (1871–2023) MD 36 (1911–2008) PA 35 (1905–2018) FL 28 (1893–2017) TX 27 (1912–2026) KY 26 (1927–2023) IN 23 (1885–2020) KS 20 (1889–2006) OR 20 (1915–2024) NJ 19 (1938–2019) VA 19 (1836–2017) NE 15 (1883–2000) LA 15 (1942–2013) WV 15 (1913–2016) TN 14 (1871–2012) IA 14 (1925–2024) MS 14 (1880–2009) WA 13 (1925–2016) NC 13 (1913–1986) CT 13 (1890–2006) MI 12 (1966–2018) AL 12 (1914–2007) CO 11 (1898–2016) MA 11 (1944–2026) AZ 10 (1945–2018) WI 9 (1909–2000) GA 9 (1900–2012) ME 9 (1912–2019) MN 8 (1916–2007) SC 7 (1936–2004) RI 6 (1987–2019) ID 6 (1916–2002) AR 6 (1971–2016) DC 6 (1984–2010) MT 5 (1953–2005) VT 4 (1978–2020) NM 4 (1958–2025) OH 4 (1964–2020) WY 3 (1977–1999) HI 3 (1933–2007) OK 3 (1953–1989) AK 3 (1999–2024) NV 3 (1875–1989) ND 2 (1949–1968) SD 2 (1991–1995) NH 2 (1992–2013)

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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