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All Reporters → ill-2d → Volume 37

Opinions in ill-2d Volume 37

delivered the opinion of the court: The defendant, Andrew Capoldi, brings this proceeding to review a 1958 judgment of the criminal, now circuit, court of Cook County finding him to be a sexually dangerous person. The defendant also seeks review of the trial court’s subsequent refusals to” grant his petitions for writ of recovery which were filed in 1959, 1961 and 1963. We have taken with this ...
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delivered the opinion of the court: Defendant, Vernon Cocroft, 17, and a co-defendant, Robert Earl, 32, were jointly convicted of murder in a bench trial. We affirmed Earl’s conviction in People v. Earl, 34 Ill.2d 11. On this writ of error Cocroft contends that the trial court erred in holding his two confessions admissible in that they were not properly obtained, considering his age, experie...
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delivered the opinion of the court: The defendant on this writ of error challenges the adequacy of the admonitions given him by the trial court of Franklin County before it accepted his pleas of guilty to the criminal charges concerned. A constitutional question is involved in this cause, and the defendant, Richard F. Ballheimer, Jr., appears pro se. The defendant was indicted for forgery o...
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delivered the opinion of the court: Two indictments were returned against defendant, Roosevelt Evans, the first charging him with attempted murder and the second with attempted murder and armed robbery, both indictments arising out of the same occurrence. After conviction on pleas of guilty to both indictments, he filed a pro se post-conviction petition to which the State filed a motion to dism...
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delivered the opinion of the court: This is an action to enforce an employee’s covenant not to compete with his employer. The plaintiff, The House of Vision, a corporation engaged in selling spectacles, contact lenses and other optical products, employed the defendant, William M. Hiyane, from 1959 to 1964, first as a contact lens grinder and later as a contact lens fitter. Early in 1964 Hiyane ...
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delivered the opinion of the court: The defendant, James McCrimmon, and two co-defendants, were found guilty of robbery by a jury in the circuit court of Kane County. McCrimmon was sentenced to the penitentiary for a term of five to twenty years. The defendant raises a constitutional question in his appeal in which he asserts that evidence which was the product of an unreasonable search and s...
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delivered the opinion of the court: This is another in a series of cases arising out of discovery procedures. The circuit court of Cook County rendered a judgment on the pleadings as a sanction against the defendant, Daniel F. McCarthy, for failure to produce documents and to honor a deposition subpoena in an action for attorney fees by the original plaintiff, Harold Stickler. Damages were asse...
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delivered the opinion of the court: The Peoria Chapter, National Electrical Contractors Association, Inc., hereafter petitioner, filed a complaint with the Illinois Commerce Commission against Central Illinois Light Company, hereafter cilco, charging that a contract between cilco and the Division of Highways of the Department of Public Works and Buildings of the State of Illinois violated various ...
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delivered the opinion of the court: Defendant was convicted of armed robbery by a jury in the circuit court of Cook County and sentenced to the penitentiary for a term of not less than three nor more than ten years. The appellate court affirmed the conviction, (68 Ill. App. 2d 411,) and we granted leave to appeal. Defendant contends that a confession was improperly admitted into evidence in violat...
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37 Ill.2d 62 (1967) 224 N.E.2d 830 ROCKFORD CLUTCH DIVISION, BORG-WARNER CORPORATION, Appellant, v. THE INDUSTRIAL COMMISSION et al. — (VELVON E. HUNT, Appellee.) No. 39942. Supreme Court of Illinois. Opinion filed March 29, 1967. *63 RENO, ZAHM, FOLGATE & SKOLROOD, of Rockford, (RALPH S. ZAHM, of counsel,) for appellant. GERALD F. TUITE, of Rockford, (GERALD A. FACCHINI, of counsel,) for app...
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delivered the opinion of the court: The claimant, Velvon E. Hunt, filed a petition with the Industrial Commission to recover specific loss benefits for injuries sustained to his legs while employed as a milling machine operator by the Rockford Clutch Division, Borg-Warner Corporation. The arbitrator found that Hunt did not sustain an accidental injury in the course of his employment on September 7...
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delivered the opinion of the court: The defendant, Eugene Herbert Blanchard, found guilty of armed robbery by a jury in the circuit court of Winnebago County, was sentenced to the penitentiary for a term of two to ten years. He argues, inter alia, that a confession obtained from him was procured in violation of his constitutional right to the assistance of counsel. The defendant prior to trial ...
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delivered the opinion of the court: On November 12, 1965, the defendant, Donald Lang, was indicted by the grand jury of Cook County for the crime of murder. The defendant is a deaf-mute who cannot hear or speak, was never taught to read or write or to use sign-language, and is unable to communicate with anyone in any language system. On December 15, 1965, the public defender was appointed to re...
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delivered the opinion of the court: On the petition of Mychajlo Sosniak, an employee of Allied Finishing Specialties Co., he was awarded workmen’s compensation for temporary total incapacity for work, and for a partial loss of use of the lower extremities. His employer also provided him with extensive medical care, including three periods of hospitalization and surgery. Contending that an alleg...
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delivered the opinion of the court: On February 17, 1966, the circuit court of St. Clair County “ordered, adjudged and decreed” that the assessed valuation of a shopping center owned by the plaintiff, O’Fallon Development Co., Inc., “is hereby set and determined for real estate tax purposes at a sum of $194,234 resulting in a tax due and payable for the year 1963 in the sum of $8,095.67.” ...
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delivered the opinion of the court: The defendant, Norman Reed, was tried and convicted in a bench trial in the circuit court of Cook County for unlawful possession of narcotics. He was sentenced to the Illinois penitentiary for a term of two to three years. He appeals directly to this court contending that a packet of narcotics found in his automobile and introduced into evidence against him w...
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delivered the opinion of the court: Robert Keagle, hereafter defendant, is presently serving a sentence of 25 years to life for armed robbery. His petition for relief under the Post-Conviction Flearing Act (Ill. Rev. Stat. 1965, chap. 38, par. 122 — 1 et seq.) was denied by the circuit court of Cook County, and he has appealed. He contends that his conviction must be reversed because it was obt...
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delivered the opinion of the court: The defendants, Philip Kurtz, Larry C. Irving and James IT. Grogan, were convicted of the theft of an automobile which a jury in the circuit court of Bond County found to have had a value in excess of $150. Kurtz and Grogan received sentences for terms of not less than five . ■nor more than ten years and Irving for not less than one year nor more than two yea...
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delivered the opinion of the court: Respondent, Northwestern Steel 81 Wire Company, prosecutes this appeal from an order of the circuit court of Whiteside County affirming a decision of the Industrial Commission awarding compensation to claimant, Charles L. Terry. Claimant filed an application with the Industrial Commission on January 7, 1964, stating that he had “injured back and lower extre...
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delivered the opinion of the court: Defendant, Richard Raymond Ackerson, was convicted of burglary in a jury trial in Lee County, and sentenced to the penitentiary for a term of not less than 5 nor more than 15 years. He appeals from this conviction, contending that his confession was obtained by constitutionally impermissible means and that the State failed to prove allegations in the “informa...
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37 Ill.2d 123 (1967) 227 N.E.2d 65 ROCK ROAD CONSTRUCTION COMPANY, Appellant, v. THE INDUSTRIAL COMMISSION et al. — (EDITH SORRENTINO, Appellee.) No. 40134. Supreme Court of Illinois. Opinion filed March 29, 1967. *124 HACKBERT, ROOKS, PITTS, FULLAGAR AND POUST, of Chicago, (DOUGLAS F. STEVENSON, DANIEL P. SOCHA, and STEPHEN L. SWARD, of counsel,) for appellant. RALPH T. CARROLL, of Chicago, for ...
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delivered the opinion of the court: This appeal raises the recurring problem of the compensability of a fatal heart attack under the Illinois Workmen’s Compensation Act. The arbitrator, Industrial Commission and circuit court of Cook County all agreed that the heart attack here involved was causally connected with the decedent’s work and awarded compensation. Between 1 :oo and 1:3o P.M. on October...
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delivered the opinion of the court: In a bench trial in the circuit court of Cook County the defendant, Anthony Owens, was convicted of unlawful use of a weapon and sentenced to imprisonment from one year to a year and a day in the penitentiary. In this direct appeal he contends the inclusion in his indictment of an allegation of a prior felony conviction deprived him of a fair trial and violat...
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delivered the opinion of the court: On April 14, 1964, plaintiff, Twin-City Inn, Inc., leased certain facilities in its motel to the corporate defendant, Hahne Enterprises, Inc., for a period of five years beginning July 1, 1964. The individual defendant, William F. Hahne, Jr., executed a personal guaranty of the performance of all of the covenants of the lease by the corporate defendant. In th...
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delivered the opinion of the court: The employer, Union Starch Sz Refining Company, appeals from a judgment of the circuit court of Madison County affirming the Industrial Commission’s confirmation of an arbitrator’s award of compensation to its employee, John Marshall. On April 28, 1965, the arbitrator awarded compensation to the employee for 70% weeks temporary total disability because of injuri...
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delivered the opinion of the court: Harry P. Paul, Jr., an employee of Swift and Company was awarded workmen’s compensation of 15 weeks temporary total incapacity for work, the Industrial Commission finding that he had sustained an injury to his back on October 2, 1964. The decision was affirmed by the circuit court of Ogle County, and the company has taken a further appeal to this court. It is...
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delivered the opinion of the court: The principal issue in this case is whether a merchant can be said to have a duty to assist customers in carrying large packages of groceries from its store by virtue of the fact that it customarily did so. The circuit court of Franklin County and the Fifth District Appellate Court (73 Ill. App. 2d 155) ruled that the jury could properly find such a duty...
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delivered the opinion of the court: This is a direct appeal by the State of Illinois from an order of the circuit court of Greene County striking a rule to show cause why interest on an inheritance tax obligation to the State should not be paid. This appeal poses the question of the right of a court to excuse the payment of such interest, and directly involves the revenue. Eugene Carmody is the ex...
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37 Ill.2d 158 (1967) 226 N.E.2d 265 THE PEOPLE ex rel. Bernard J. Korzen, County Collector, Appellant, v. THE BELT RAILWAY COMPANY OF CHICAGO, Appellee. Nos. 40210-13, incl., cons. Supreme Court of Illinois. Opinion filed March 29, 1967. *159 DANIEL P. WARD, State's Attorney, of Chicago, (EDWARD J. HLADIS and THEODORE M. SWAIN, Assistant State's Attorneys, of counsel,) for appellant. RICHARD F. K...
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Although this cause is a consolidation of defendant William Allen’s writ of error from a jury conviction for robbery, and his appeal from the dismissal of his post-conviction petition in regard thereto, he argues solely the appeal from the judgment of conviction. Since both are founded upon substantially the same claims of error and contentions, we believe justice will be served by considering th...
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delivered the opinion of the court: A constitutional question of due process is concerned in this appeal from an order entered by the circuit court of Kane County denying defendant’s petitions for a writ of habeas corpus, for a writ- of error coram nobis and for a post-conviction hearing, which petitions had been consolidated for hearing. The defendant, Wayne F. McLain, urges that preceding a...
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delivered the opinion of the court: We have consolidated two cases which have come to us as the result of plaintiffs’ efforts to employ discovery procedures in a products liability action initiated in the circuit court of Cook County against General Motors Corporation. Recovery was sought for personal injuries allegedly sustained in an accident of May 11, 1963, while plaintiffs were riding...
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delivered the opinion of the court : Defendant, Herman Magby, was tried by a jury in the criminal court of Cook County, found guilty of the crime of robbery with a dangerous weapon, and sentenced to the penitentiary for a term of not less than 15 years nor more than 30 years. On June 14, 1962, at about 12:45 A.M., Topps Restaurant, in Chicago, Illinois, was robbed by two armed men, one of who...
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delivered the opinion of the court: This is an appeal by the State of Illinois from an order of the circuit court of Sangamon County quashing and dismissing thirty-four counts of a thirty-five-count indictment charging defendants Theodore J. Isaacs and John J. Lang with various offenses. Cook Envelope and Lithographing, Inc., an Illinois corporation, is charged with offenses as a co-defend...
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delivered the opinion of the. court: In 1956 a jury in the circuit court of Winnebago County found the defendant, Willard Triplett, guilty of the murder of his brother, and he was sentenced to life imprisonment. In 1961 his petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1961, chap. 38, pars. 826-832.) was dismissed by the circuit court and this court affirmed. (Memorandum Order...
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delivered the opinion of the court: Plaintiff Robert Sughero obtained a $60,000 judgment in the superior court of Cook County for damages he sustained in a collision with a tractor unit owned by defendant Jewel Tea Co., Inc., and driven by its employee, Frank Perrino, also a defendant. The trial court directed a verdict on the issue of liability and submitted only the issue of damages to the ju...
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37 Ill.2d 243 (1967) 226 N.E.2d 369 CREST FINANCE CO., INC., v. FIRST STATE BANK OF WESTMONT. — (FEDERAL DEPOSIT INSURANCE CORP., Appellee, v. LEO NIEDERBERGER, Appellant.) No. 39868. Supreme Court of Illinois. Opinion filed March 29, 1967. Rehearing denied May 16, 1967. *244 KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, and RAPPAPORT, CLORFENE & RAPPAPORT, both of Chicago, (DON H. REUBEN,...
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delivered the opinion of the court: This appeal, in which the defendant, William H. McDowell, Jr., appears pro se, presents the question of the constitutional sufficiency of a jury hearing and finding which retrospectively judged the sanity of the defendant as of dates approximately eight years prior to the hearing and finding. The defendant was charged with the crime of armed robbery in 1958. On ...
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delivered the opinion of the court: The issue here is the proper disposition of a case in which the response to a special interrogatory conflicts with the general verdict. The trial court entered judgment for defendants in accordance with the special finding, but a divided First District Appellate Court reversed and ordered a new trial citation. We granted defendants’ petition for leave to...
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delivered the opinion of the court: Pursuant to statute the Department of Mental Health brought action against Audrey Warmbir to recover $1024 for care and treatment of her husband, hospitalized in a State mental institution. The court held the statute unconstitutional and dismissed the action. The Department appeals. Section 12 — 21 of the Mental Health Code provides that the patient is liab...
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delivered the opinion of the court: The defendant, Albert Edward Nordstrom, was indicted in the circuit court of Lake County for misbranding drugs and was tried before the court, found guilty, and judgment was entered on such finding on July 29, 1964. He was placed on probation on August 12, 1964, and on April 30, 1965, his probation was revoked. He was thereupon sentenced to the penitenti...
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delivered the opinion of the court: The plaintiffs, Harold A. Miller, Ellis Furry and Donald E. Engel were injured as the result of the collapse of the roof of a school gymnasium on which they were working as employees of a contractor, Fisher-Stoune, Inc. They brought this action to recover for their injuries against the supervising architects, Lyle V. DeWitt and Russell M. Amdal, d/b/a DeWitt-Amd...
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delivered the opinion of the court : In 1959 Charles Pridgen was charged in the circuit court of Cook County with the crime of burglary, was tried by the court and sentenced to the penitentiary for a term of 20 to 30 years. In May of 1963 the defendant filed a pro se petition seeking relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1961, chap. 38, par. 826, et seq.,) contending tha...
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delivered the opinion ' of the court: The defendant, Jose Luna, was indicted in the circuit court of Cook County for the sale of narcotics, tried by a jury, found guilty, and sentenced to the penitentiary for a term of 15 to 30 years. The Appellate Court, First District, affirmed his conviction, (69 Ill. App. 2d 291,) and we have granted leave to appeal. The crucial issues in this case revolv...
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delivered the opinion of the court: This cause involves two suits for damages against police officers and against their employing municipality. The first is a wrongful death action by Cleo Andrews, administrator of the estate of Charles Andrews, deceased, against the city of Chicago, and one of its policemen, alleging that while acting in the course of his employment the latter negligently shot...
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delivered the opinion of the court: The appeal to this court is from a judgment of the circuit court of Hardin County confirming orders entered by the Illinois Commerce Commission with respect to the division of revenues from toll telephone messages and dismissing the appeal of the plaintiff telephone companies. Plaintiffs are fourteen small telephone systems, ten of which are privately owned util...
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delivered the opinion of the court: This is a companion case to Champaign County Telephone Co. v. Illinois Commerce Commission, ante, p. 312, in which an opinion has been released this day. It was filed with the Commission by twelve of the fourteen small telephone companies who were plaintiffs in the first action, following an adverse order on the original complaint by the Commission. Here the com...
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delivered the opinion of the court: Defendant, Marvin Dale Berry, was tried by jury in the circuit court of Madison County, convicted of the crime of burglary, and sentenced to the penitentiary for a term of not less than five nor more than ten years. Jointly indicted and tried .with him were two co-defendants, Clarence Barthelemy, who also was convicted but received probation, and Richard Huds...
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delivered the opinion of the court: Field Enterprises appeals from the judgment of the circuit court of Cook County, which affirmed the decision of the Industrial Commission awarding compensation to the claimant, Edna Montez, for the death of her husband, Raymond Montez, which occurred while he was in the employ of the appellant. The appellant contends that the award of compensation was erroneo...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Tazewell County affirming the decision of the Industrial Commission awarding compensation to petitioner, William Harper, for injuries sustained while in the employment of H. J. Tobler Trucking Company. From the record we find that petitioner claimed injury on January 26, 1962 while employed by the re...
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delivered the opinion of the court: Pistakee Highlands Water Company, (Pistakee), and Killarney Water Co., (Killarney), are public utilities engaged in furnishing water service in McHenry County. On February 10, 1965, each utility petitioned the Illinois Commerce Commission for an order determining the original cost of its water plant in accordance with the Commission’s General Order No. 1...
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delivered the opinion of the court: This case arises from this court’s decision in Schulenburg v. Signatrol, Inc., 33 I11.2d 379. It will be helpful to review briefly that matter in order to facilitate understanding of the issues presented here. Time-O-Matic Corporation, a plaintiff, is engaged in the production and sale of flashers. A flasher is a device which actuates and regulates ...
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delivered the opinion of the court: Robert DeMary was convicted of burglary in 1963 and sentenced to 10-15 years imprisonment. No appeal therefrom was taken, but a post-conviction petition was subsequently filed pro se alleging numerous trial errors claimed to be of constitutional dimensions. This writ of error is to review an order allowing the State’s motion to dismiss that petition. Incorporate...
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delivered the opinion of the court: The principal problem here arises on a writ of error to review a i960 Cook Comity jury trial which resulted in conviction of Charles Musil and Arthur John Morton of the murder of Carl Christensen. Each defendant was sentenced to 35 years imprisonment. The writ of error requested by defendant Musil and issued by the Clerk also brought on for review convictions...
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37 Ill.2d 379 (1967) 227 N.E.2d 366 THE PEOPLE ex rel. Mack Smith, Jr., Petitioner, v. MARTIN JACKSON, Sheriff, Respondent. No. 40092. Supreme Court of Illinois. Opinion filed May 18, 1967. *380 WAYNE R. JOHNSON, of Joliet, for petitioner. GEORGE E. SANGMEISTER, State's Attorney, of Joliet, (JOHN C. BLAKSLEE, Assistant State's Attorney, of counsel,) for respondent. Writ quashed. Mr. JUSTICE KLUCZ...
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delivered the opinion of the court: George D. Dattilo, an employee of Agostino’s Restaurant in Chicago, filed a petition for workmen’s compensation. The Industrial Commission denied the application, and its decision was affirmed by the circuit court of Cook County. He comes to this court by direct appeal as allowed by our Rule 302. It is alleged that on March 22, 1962, the claimant suffered a...
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delivered the opinion of the court: The issue in this case concerns the propriety of the exercise of summary jurisdiction by a court in which an insurance company is being liquidated pursuant to article XIII of the Insurance Code. (Ill. Rev. Stat. 1961, chap. 73, pars. 799-833.) The Director of Insurance of the State of Illinois, as liquidator of Central Casualty Company, an Illinois insurance ...
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delivered the opinion of the court: On May 22, 1964, the petitioner’s husband, Lawrence Broeske, was struck and killed by an automobile in front of Nickey Chevrolet Sales, Inc. located on Irving Park Road in Chicago. On the date of the fatal accident Broeske was employed by Nickey as an automobile salesman. Subsequent to the death of her husband, Broeske’s wife sought compensation under the Workme...
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delivered the opinion of the court: Sonia Zeve, hereinafter referred to as petitioner, filed in the Cook County circuit court her petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1963, chap, no, par. 72,) seeking to set aside a tax deed to improved residence property formerly owned by her. At the close of petitioner’s evidence, the trial court allowed a motion by the ta...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Cook County, Sixth Municipal District, finding defendant, Claude Hinchey, in violation of section 131(a) of the Uniform Act Regulating Traffic on Highways (Ill. Rev. Stat. 1965, chap. 95^, par. 228(a),) for driving a motor vehicle with a gross weight on the road surface in excess of the maximum allowable ...
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delivered the opinion of the court: The defendant, Charles Dixon, was convicted of armed robbery and sentenced to 5 to 10 years imprisonment following a jury trial in the circuit court of Cook County. He appealed to the First District Appellate Court, alleging that the trial court denied him a fair trial by permitting the jury to take his signed statement into the jury room while deliberating a...
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delivered the opinion of the court: The defendant, Dembrus Golson, was indicted for burglary in the circuit court of Cook County, tried by the court without a jury, found guilty, and sentenced to the penitentiary for a term of 12 to 15 years. The appellate court affirmed his conviction (76 Ill. App. 2d 1,) and we have granted leave to appeal. The sole issue on this appeal is whether or not th...
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37 Ill.2d 423 (1967) 226 N.E.2d 606 ILLINOIS ASSOCIATION OF FIRE FIGHTERS, LOCAL 73, et al., Appellees, v. THE CITY OF WAUKEGAN, Appellant. No. 40310. Supreme Court of Illinois. Opinion filed May 18, 1967. *424 RUNYARD, BEHANNA, CONZELMAN, SCHULTZ & O'MEARA, of Waukegan, (MURRAY R. CONZELMAN, of counsel,) for appellant. HARTNETT & CHRISTIAN, of Waukegan, (D. EDWARD CORCORAN, of counsel,) ...
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delivered the opinion of the court: This mandamus action against the city of Waukegan was brought by Local 73 of the Illinois Association of Fire Fighters, representing the firemen employed by the city of Waukegan, to compel the City to engage in nonbinding arbitration. The plaintiff relies upon sections 10 — 3—8 through 10 — 3—11 of the Municipal Code. (Ill. Rev. Stat. 1965, chap. 24, pars. 10 — ...
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delivered the opinion of the court: This is an appeal from an order of the probate division of the circuit court of the Eighth Judicial Circuit admitting certain instruments to probate as the last will and codicil of Frank G. Stolte, deceased, and issuing letters testamentary thereon. The widow of the decedent appeals directly to this court raising certain constitutional questions. Th...
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delivered the opinion of the court: This is a direct appeal from a judgment of the circuit court of Cook County which dismissed a petition for a writ of habeas corpus. The motion to dismiss filed by the respondents, who are the sheriff of Cook County and the warden of the Cook County jail, admitted the following facts alleged in the petition: The petitioner, Donald H. Herring, was arrested on M...
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delivered the opinion of the court : Defendant, Bobby Herman Worley, was found guilty of burglary in a Lee County jury trial and sentenced to 5 to 15 years imprisonment. He appeals directly here contending that his confession was obtained by constitutionally impermissible methods and that the trial court erred in allowing the State to cross-examine him as to a prior conviction of an infamous cr...
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delivered the opinion of the court: The first question that arises upon the record in this workmen’s compensation case is whether a circuit court has jurisdiction to review an interlocutory order of the Industrial Commission. We hold that it does not. On September 26, 1961, Raymond Hill, the claimant, experienced a tightness in his chest while he was pursuing his usual duties as an employee of the...
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delivered the opinion of the court: The Air Pollution Control Board of the State of Illinois, the appellee, and hereafter called the Board, issued a cease and desist order against the appellant, Bud Brown. The circuit court of Madison County affirmed the Board’s order, and the appellant has proceeded directly to this court contending inter alia that the Board’s proceedings and order denied...
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delivered the opinion of the court: The petitioner, John H. Amies, was convicted of forgery after a jury trial in the circuit court of Franklin County and sentenced to the penitentiary for a term of 7 to 14 years. This court, on writ of error, affirmed his conviction in 28 Ill.2d 83. Petitioner now appeals to this court from an order of the trial court denying his petition for relief under the ...
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delivered the opinion of the court: Louise McElligott, individually and as administrator of her deceased husband’s estate, sued the Illinois Central Railroad Company in the circuit court of Madison County for damages arising out of a collision between plaintiff’s automobile and one of defendant’s trains at a railroad crossing in Belleville, Illinois. The evidence disclosed the followi...
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delivered the opinion of the court: This is an appeal from the Appellate Court for the First District to this court which involves a constitutional question which arose out of the action of the appellate court. The defendant, an attorney, was charged with illegal parking under an ordinance of the city of Chicago. When the case was called the court presented certain questions to the defendan...
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delivered the opinion of the court: Plaintiff, a resident of and a property owner in the city of Rockford, filed a declaratory judgment action attacking the validity of the Public Building Commission Act. (Ill. Rev. Stat. 1965, chap. 34 (Counties) pars. 3301 et seq.— to be transferred to chap. 85 (Local Government) as pars. 1031 et seq.) After ordering that additional parties be joined, th...
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37 Ill. 2d 480 (1967) 229 N.E.2d 490 THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ANTHONY R. WOLLENBERG, Plaintiff in Error. No. 38571. Indict. Nos. 63-638 and 63-639, 60-2292. Supreme Court of Illinois. Opinion filed May 18, 1967. Rehearing denied September 27, 1967. JOSEPH L. STONE, of Chicago, appointed by the court, for plaintiff in error. *481 WILLIAM G. CLARK, Attorney Genera...
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delivered the opinion of the court: In a joint trial in the circuit court of Cook County a jury found defendants James Henderson, John Adams and LeRoy Mitchell, Jr. guilty of murder. Each was sentenced to the penitentiary for a term of 35 to 70 years. A constitutional question gives us jurisdiction of the appeal. These defendants were convicted of the murder of John Fatigato, a shoe-store ope...
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delivered the opinion of the court: Raymond and Cleo Pedrick, husband and wife, brought this action in the circuit court of Tazewell County seeking damages from The Peoria and Eastern Railroad Company for injuries sustained when their automobile collided with one of defendant’s trains at a railroad crossing in Pekin. Defendant’s motion for a directed verdict, made at the close of plaintiff...
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delivered the opinion of the court: Rocco Marinucci was accidentally injured on January 17, 1956. He filed an application for adjustment of his claim against Raymond Concrete Pile Company (Raymond) and its insurer, appellants here, and Wilputte Company (Wilputte) and its insurer, cross appellants. The arbitrator applied the present section i(a)4 of the Workmen’s Compensation Act (Ill. Rev. Stat...
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delivered the opinion of the court: The sole question here, preserved for review by appropriate obj ection in the trial court, is which party has the right to open and close arguments to the jury in an eminent domain proceeding following a “quick-take” by the Department of Public Works and Buildings under the provisions of the Eminent Domain Act. (Ill. Rev. Stat. 1961, chap. 47, par. 1 et ...
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delivered the opinion of the court: A complaint filed in the circuit court of Cook County charged the defendant, James Williams, with the offense of unlawful use of weapons. (Ill. Rev. Stat. 1965, chap. 38, par. 24—1 (a) (2).) He waived a jury trial, was tried before the court, found guilty, and sentenced to imprisonment for three months. The second division of the Appellate Court, First Distri...
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delivered the opinion of the court: The petitioner, Thomas W. Wagner, was injured when he fell into a hole while working for Overland Construction Company. Petitioner subsequently filed a claim for compensation under the Workmen’s Compensation Act, and the Industrial Commission granted him a permanent total disability award with a 15% pension for life finding that he had sustained a total and p...
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delivered the opinion of the court: This tax sale proceeding was instituted under the Revenue Act of 1939, as amended in 1951, and the question presented concerns the effect to be given to certain tax deeds acquired by the city of Chicago during the years 1910 through 1915. The property in question was sold for nonpayment of general taxes for the year 1959, and, pursuant to the statute the purchas...
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delivered the opinion of the court: The plaintiff, the city of East St. Louis, (hereafter called the City) filed suit for a declaratory judgment in the circuit court of St. Clair County and asked that the court declare that the defendant, Union Electric Company, (hereafter called the Company) was obligated to the City under the terms of a franchise ordinance and did not have the right to deduct...
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delivered the opinion of the court: Plaintiff, Arlington Heights National Bank, brought an action for damages against defendant, Arlington Heights Federal Savings and Loan Association, and its officers and directors, alleging that they intentionally induced the village of Arlington Heights to breach its contract with plaintiff for vacation of a street in the village. The trial court sustained defe...
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37 Ill.2d 553 (1967) 229 N.E.2d 527 THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERNEST BONNER, Appellant. No. 40284. Supreme Court of Illinois. Opinion filed May 18, 1967. Rehearing denied September 27, 1967. *554 SAM ADAM, of Chicago, for appellant. WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney Gener...
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delivered the opinion of the court: Andrew S. Oros, a restaurant employee, filed application for benefits under the Workmen’s Compensation Act. After hearing evidence the arbitrator granted an award but the Industrial Commission set it aside on the ground that the claimant had failed to prove he sustained an accidental injury. On review the circuit court of Lake County reinstated the award...
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delivered the opinion of the court • The defendant appeals from an order of the circuit court of Vermilion County that denied his petition under the Post-Conviction Hearing Act which alleged principally that he was denied his right to representation by counsel and therefore denied due process of law. More specificially, the defendant complains that he was not represented by counsel at the time ...
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delivered the opinion of the court: On December 29, 1965, the circuit court of Cook County ordered a temporary injunction to issue restraining defendants, Gust Regas and Spiros Regas, from voting, selling, assigning or pledging the stock in Riviera Lanes, Inc. and the beneficial interest of a land trust formerly owned by Otto Goldammer and Walter Goldammer. The appellate court reversed this ord...
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delivered the opinion of the court: This action was instituted by Bobby Ray Clark and Warren H. Jordan to recover the fair market value of their airplane from William B. Fields, on whose property it was when destroyed by fire. A St. Clair County jury returned a verdict for defendant on which judgment was entered following denial of plaintiffs’ motion for judgment notwithstanding the verdict or ...
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delivered the opinion of the court: We allowed a petition for leave to appeal by Cities Service Oil Company from a judgment of the First District Appellate Court, which reversed in part a judgment of the circuit court of Cook County, dismissed the appeal as to certain parties, and remanded the cause. (Martino v. Barra, 67 Ill. App. 2d 328). We restate here that court’s history of the litigation...
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delivered the opinion of the court: Mildred Calvetti brought action in the circuit court of St. Clair County against Mary Seipp to recover damages for personal injuries sustained in an automobile collision. Trial was before a jury. At the close of all the evidence plaintiff moved for a directed verdict. The motion was denied and the jury returned a verdict for defendant. Plaintiff thereupon mad...
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dissenting: Mr. Justice Underwood, Mr. Justice Ward and I are of the opinion that jurisdiction of this case should be declined under the doctrine of forum non conveniens. Of the four plaintiffs, the two who have owned stock in Crucible for any appreciable length of time reside in Arizona. Of the two plaintiffs who reside in Illinois, one, Morris J. Rubin, acquired the 10,000 shares of stock that h...
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delivered the opinion of the court: This .appeal is from the denial of a post-conviction petition in the circuit court of Cook County. The defendant, George Wilson, was indicted jointly with Allen Golson and William Perkins for the murder of two postal inspectors in Chicago. After his motion for a severance was denied, he entered pleas of guilty and was sentenced to death. This judgment wa...
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delivered the opinion of the court: Petitioner, Curtis Smith, filed a pro se petition in the circuit court of Cook County for a hearing under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1965, chap. 38, art. 122) to review his conviction upon pleas of guilty to indictments charging him with rape, robbery, and assault with intent to commit rape. The trial court sustained the State’s motion t...
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