plaintiff a right claim (Illinois) · Go Syfert
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plaintiff a right claim in Illinois

5 Illinois opinions name it 2 courts 1986–2017 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 (2)

CaseFollowedCited
Elfman v. Evanston Bus Co.green
ill · 1963 · cited in 5 Illinois opinions naming this issue, 1986–2017
2 sentences

2017See also Elfman v. Evanston Bus Co., 27 Ill. 2d 609, 614 (1963)5 (finding that “[t]he mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability and, under the circumstances, here, it would appear that such an advantage was knowingly and intentionally taken of both defendant and the trial court”). ¶ 33 In the case at bar, defendant attempts to paint his situation as similar to those in the cases in which the due diligence requirement has been relaxed by claiming that plaintiff “failed to even advise the trial cour

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

35
Molden v. Reidgreen
illappct · 1990 · cited in 2 Illinois opinions naming this issue, 2016–2017
2 sentences

2017We emphasize that “[t]he mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***. *** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” Molden v. Reid, 200 Ill.

2016We emphasize that “[t]he mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***. *** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” Molden v. Reid, 200 Ill.

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 (8)

CaseCitedYears
Graf's Beverages of Illinois, Inc. v. Tauber green
illappct · 1977
1 sentence

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

11990–1990
Goczeski v. Horizon Development Corp. green
illappct · 1981
2 sentences

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

11990–1990
Chambers v. Rush-Presbyterian-St. Luke's Medical Center green
illappct · 1987
2 sentences

1990Luke’s Medical Center (1987), 155 Ill. App. 3d 458, 467 , 508 N.E.2d 426 , appeal denied (1987), 116 Ill. 2d 549 , 515 N.E.2d 102 ) and the defendant is entitled to “cross-examine plaintiff’s witnesses and introduce any material evidence bearing on damages, take all proper measures to preserve questions in those respects for review, and request the giving of pertinent instructions.” Smith v. Dunaway, 77 Ill. App. 2d at 6 .

1990Luke’s Medical Center (1987), 155 Ill. App. 3d 458, 467 , 508 N.E.2d 426 , appeal denied (1987), 116 Ill. 2d 549 , 515 N.E.2d 102 ) and the defendant is entitled to “cross-examine plaintiff’s witnesses and introduce any material evidence bearing on damages, take all proper measures to preserve questions in those respects for review, and request the giving of pertinent instructions.” Smith v. Dunaway, 77 Ill. App. 2d at 6 .

11990–1990
Smith v. Dunaway neutral
illappct · 1966
2 sentences

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

11990–1990
Joseph A. Thorsen Co. v. Evans green
illappct · 1980
2 sentences

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

11990–1990
612 North Michigan Avenue Building Corp. v. Factsystem, Inc. green
illappct · 1975
2 sentences

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

1990(See Smith v. Dunaway (1966), 77 Ill. App. 2d 1, 5 , 221 N.E.2d 665 .) In Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 , 190 N.E.2d 348 , the Illinois Supreme Court criticized the “precipitate manner in which damages were assessed” and stated as follows: “The mere fact that a defendant is defaulted does not give to the plaintiff a right or claim to the assessment of damages unrelated to liability ***.*** *** Although defaulted, where the action is in tort or for an unliquidated claim or amount, a defendant nonetheless has the right to be heard on the matter of damages.” (See also Goc

11990–1990
Bonanza International, Inc. v. Mar-Fil, Inc. green
illappct · 1984
1 sentence

1986Under the Ellman doctrine [Ellman v. De Ruiter (1952), 412 Ill. 285 ], we believe that fairness and justice required the exercise of equitable powers to obtain relief from a judgment so obtained.” (Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 .) Similarly, in Bonanza International, Inc. v. Mar-Fil, Inc. (1984), 128 Ill.

11986–1986
Ellman v. De Ruiter green
ill · 1952
1 sentence

1986Under the Ellman doctrine [Ellman v. De Ruiter (1952), 412 Ill. 285 ], we believe that fairness and justice required the exercise of equitable powers to obtain relief from a judgment so obtained.” (Elfman v. Evanston Bus Co. (1963), 27 Ill. 2d 609, 614 .) Similarly, in Bonanza International, Inc. v. Mar-Fil, Inc. (1984), 128 Ill.

11986–1986

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