prevailing view presumption (Illinois) · Go Syfert
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prevailing view presumption in Illinois

5 Illinois opinions name it 2 courts 1976–1989 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Illinois.

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 (7)

CaseCitedYears
Coal Creek Drainage & Levee District v. Sanitary District green
ill · 1929
2 sentences

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill. 2d 528 , the majority concludes that “The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois.” (65 Ill. 2d at 102.) Assuming arguendo the correctness of the majority’s conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumptions

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill.2d 528 , the majority concludes that "The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois." ( 65 Ill.2d at 102 .) Assuming arguendo the correctness *106 of the majority's conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumpt

31976–1987
McElroy v. Force green
ill · 1967
2 sentences

1989(Robinson v. Workman (1956), 9 Ill. 2d 420, 427 , 137 N.E.2d 804, 808 ; McElroy v. Force (1968), 38 Ill. 2d 528, 532 , 232 N.E.2d 708, 710 .) Illinois has generally followed the prevailing view that a presumption ceases to operate in the face of contrary evidence.

1989(Robinson v. Workman (1956), 9 Ill. 2d 420, 427 , 137 N.E.2d 804, 808 ; McElroy v. Force (1968), 38 Ill. 2d 528, 532 , 232 N.E.2d 708, 710 .) Illinois has generally followed the prevailing view that a presumption ceases to operate in the face of contrary evidence.

21976–1989
Robinson v. Workman green
ill · 1956
2 sentences

1989(Robinson v. Workman (1956), 9 Ill. 2d 420, 427 , 137 N.E.2d 804, 808 ; McElroy v. Force (1968), 38 Ill. 2d 528, 532 , 232 N.E.2d 708, 710 .) Illinois has generally followed the prevailing view that a presumption ceases to operate in the face of contrary evidence.

1989(Robinson v. Workman (1956), 9 Ill. 2d 420, 427 , 137 N.E.2d 804, 808 ; McElroy v. Force (1968), 38 Ill. 2d 528, 532 , 232 N.E.2d 708, 710 .) Illinois has generally followed the prevailing view that a presumption ceases to operate in the face of contrary evidence.

21981–1989
Diederich v. Walters green
ill · 1976
2 sentences

1981(Diederich v. Walters (1976), 65 Ill. 2d 95, 102 , 357 N.E.2d 1128, 1131 .) Here, defendant testified that his car was stolen and that he was at a tavern at the time of the automobile accident.

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill.2d 528 , the majority concludes that "The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois." ( 65 Ill.2d at 102 .) Assuming arguendo the correctness *106 of the majority's conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumpt

21976–1981
Bollenbach v. Bloomenthal red
ill · 1930
2 sentences

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill. 2d 528 , the majority concludes that “The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois.” (65 Ill. 2d at 102.) Assuming arguendo the correctness of the majority’s conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumptions

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill.2d 528 , the majority concludes that "The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois." ( 65 Ill.2d at 102 .) Assuming arguendo the correctness *106 of the majority's conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumpt

11976–1976
Lohr v. Barkmann Cartage Co. neutral
ill · 1929
2 sentences

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill. 2d 528 , the majority concludes that “The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois.” (65 Ill. 2d at 102.) Assuming arguendo the correctness of the majority’s conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumptions

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill.2d 528 , the majority concludes that "The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois." ( 65 Ill.2d at 102 .) Assuming arguendo the correctness *106 of the majority's conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumpt

11976–1976
Miller v. Pettengill neutral
ill · 1945
2 sentences

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill. 2d 528 , the majority concludes that “The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois.” (65 Ill. 2d at 102.) Assuming arguendo the correctness of the majority’s conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumptions

1976Citing Coal Creek Drainage and Levee District v. Sanitary District, 336 Ill. 11 , Lohr v. Barkmann Cartage Co., 335 Ill. 335 , Bollenbach v. Bloomenthal, 341 Ill. 539 , Miller v. Pettengill, 392 Ill. 117 , and McElroy v. Force, 38 Ill.2d 528 , the majority concludes that "The prevailing view that a presumption ceases to operate in the face of contrary evidence has generally been followed in Illinois." ( 65 Ill.2d at 102 .) Assuming arguendo the correctness *106 of the majority's conclusion the flaw in its treatment of the question is that it has attempted to apply the same rule to all presumpt

11976–1976

Where else courts name it

IL 5 (1976–1989) CA 2 (1955–1959)

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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