30 Ill. App. 3d 406 - Sims v. Sims’s Empirical Analysis
1975
Citation profile
17 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2020
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 34 Ill. 2d 84 - People Ex Rel. Drury v. Catholic Home Bureau · Stoltze v. Stoltze · 20 Ill. App. 2d 82 - People Ex Rel. Buell v. Bell · 132 Ill. App. 2d 793 - In Re Petition of Huebert · 113 Ill. App. 2d 249 - People ex rel. Forbrich v. Forbrich
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“« < # # #, “Duress has been universally defined as a condition which exists where one is induced by the unlawful act of another to make a contract or perform or forego an act under circumstances which wiU deprive him of the exercise of his free will. There must be such compulsion affecting the mind as shows that the execution of the contract or other instrument was not the voluntary act of the maker. Such compulsion must be present and operate at the time the instrument was executed. The burden of proving such duress is on the person asserting it. [Citations.] Mere annoyance or vexation will not constitute duress, but there must be such compulsion affecting the mind as shows that the execution of the contract or other instrument is not the voluntary act of the maker. [Citations.]” ‘Mere advice, argument or persuasion does not constitute duress or undue influence if the individual acts freely when he executed the questioned documents though the same would not have been executed except for the advice, argument or persuasion. [Citation.]’ ” 30 Ill. App. 3d 406, 410-411 , 332 N.E.2d 36, 39-40 .”
1 later decision quote this exact passage · from the majority“The [trial] court's determination [of the children's best interest] lies within its sound discretion, especially when it considers the credibility of testimony presented at the best interests hearing; that determination will not be reversed unless it is against the manifest weight of the evidence or the trial court has abused its discretion.”
1 later decision quote this exact passage · from the dissent“cannot serve in lieu of one parent and not in lieu of the other,”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.