Case law

State Ex Rel. Milligan v. Ritter's Estate

221 Ind. 456 · Indiana Supreme Court · May 20, 1943

By well established rules we are required to give all words of a statute some meaning if possible. McQuaid et al. v. State ex rel. Sigler (1937), 211 Ind. 595 , 6 N. … If the intention to preserve and continue such right is. clearly apparent, it will be carried into effect.”

Miller v. Wild Cat Gravel Road Co.

52 Ind. 51 · Indiana Supreme Court · Nov 15, 1875

It is objected, in the third place, that it is not alleged that a board of directors was elected and qualified, to order the payment of subscriptions. … It all rested on the mere supposition and presumption of the juror, which are not sufficient to establish any disputed fact.

H. C. Smith Coal Co. v. Finley

190 Ind. 481 · Indiana Supreme Court · Apr 27, 1921

A hearing was had which resulted in the appointment of a receiver who qualified and took charge of appellee’s business. … But liberal construction does not mean a construction which will enlarge express statutory provisions- so as to include a right not clearly given and inconsistent with other well-established and fundamental principles of

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Foland

174 Ind. 411 · Indiana Supreme Court · Apr 20, 1910

This rule is well established. … A superior servant cannot be said to be a vice-principal in giving a negligent order in the progress of a changing work any more than it can be said that a master is liable where a qualified servant chooses a negligent manner

Van Cleave v. State

517 N.E.2d 356 · Indiana Supreme Court · Dec 30, 1987

Reversal is proper where the impact is prejudicial, as it *366 clearly was in Long. … It has already been established that counsel's ignorance about the clean-up statement did not substantially affect the proceedings.

Gallagher v. Indiana State Election Board

598 N.E.2d 510 · Indiana Supreme Court · Aug 28, 1992

Consequently, a resident of a precinet who is otherwise qualified cannot vote in the new precinet if he became a precinet resident within thirty days of an election. … Const. art. 2, § 2 is unambiguous and clearly does not provide a "day of record" for purposes of voting and to that extent we agree with the trial court. Gallagher, 579 N.E.2d at 652 .

Booher v. State

773 N.E.2d 814 · Indiana Supreme Court · Aug 20, 2002

Marrs qualified his time estimates, noting that "I really didn't pay much attention because I don't wear a watch generally," Record at 1654, and "I usually don't keep track of the time." Record at 1656. … We hold that an appellate claim of prosecutorial misconduct presented on appeal in the absence of contemporaneous trial objection will not succeed unless the defendant establishes not only the grounds for prosecutorial misconduct

Grimes' Executors v. Harmon

35 Ind. 198 · Indiana Supreme Court · May 15, 1871

In this case *218 the distinctions between English and American law on this subject are clearly drawn. … The court say: “ It is an admitted general principle, that a vague bequest, the object of which is indefinite, cannot be established in a court of equity. Is this a bequest of that description ? We think it clearly is.

Kevin Charles Isom v. State of Indiana

31 N.E.3d 469 · Indiana Supreme Court · May 20, 2015

Br. of Appellant at 63. 11 Even assuming for the sake of argument that the family’s forgiveness qualifies as a mitigating factor Isom’s argument still fails. … “The error claimed must either make a fair trial impossible or constitute clearly blatant violations of basic and elementary principles of due process.” Brown v.

Jeffrey A. Weisheit v. State of Indiana

26 N.E.3d 3 · Indiana Supreme Court · Feb 18, 2015

State, 122 So.3d 614, 642 (Miss. 2013), cert. denied (“speculative opinion testimony of how a defendant may adapt to prison life in the future is not admissible unless the expert is qualified and accepted in the field of … Clearly, the circumstances in Mincey were exponentially more egregious than those present before us.

Harmon v. Bolley

187 Ind. 511 · Indiana Supreme Court · Jun 28, 1918

The government extends to the citizen the protection of its laws and he enjoys the rights, privileges and immunities of citizenship. … City of Shelbyville, supra, and the distinction was clearly pointed out by Justice Baker in the dissenting opinion wherein it is said: “The federal Constitution is not what" the citizen may read it to be, but is what the

Weaver v. American Oil Company

257 Ind. 458 · Indiana Supreme Court · Dec 3, 1971

But we have neither the duty nor the right to abandon established principles whenever, in our judgment, it is necessary to avert a hardship. … Presumably he has had the benefits contracted for, and the majority decision is a grant of retrospective unilateral contractual immunity to the careless and speculative and places a premium upon ignorance.

Monteith v. Kokomo Wood Enameling Co.

58 L.R.A. 944 · Indiana Supreme Court · Jun 25, 1902

But he must not only be a volunteer in the sense that he went there when he might have stopped away, but it must clearly appear that he went voluntarily, with a full knowledge and understanding of the risk. … A. 367, is directly in conflict with the rules established by the English cases, and adopted by the courts of this *161 country in Illinois, Missouri, Ohio, and Indiana.

Shonfeld v. State

219 Ind. 654 · Indiana Supreme Court · Apr 6, 1942

An examination of the evidence indicates very clearly that at the time this affidavit was made, none of the parties involved understood the legal meaning of the jurat or how an oath should be administered. … Conspiracy cannot be established by mere suspicion. Johnson v. State (1935), 208 Ind. 89 , 194 N. E. 619 . Also, as said by this court in Kelley v. State (1936), 210 Ind. 380, 385, 3 . N.

Department of Local Government Finance v. Griffin

784 N.E.2d 448 · Indiana Supreme Court · Mar 5, 2003

The general purpose was to provide cost-free emergency medical care to indigent patients who did not qualify for Medicaid. Id. … The act establishes an HCI fund in each county. Montgomery, 730 N.E.2d at 681. The balance of each county’s HCI fund is transferred to the state HCI fund. Id.

Storen v. J. D. Adams Manufacturing Co.

212 Ind. 343 · Indiana Supreme Court · Apr 30, 1937

Courts will not prevent the carrying out of a legislative intention unless the Constitution clearly forbids. … It is clearly not such, but a tax on transportation only.”

Pea v. Pea

35 Ind. 387 · Indiana Supreme Court · May 15, 1871

of the land, and the legal effect of the deed was, prima facie, to pass to the grantee all that constituted a component part of the realty, unless it was competent for the parties by a contemporaneous verbal agreement to qualify … I *401 cannot yield my assent to such doctrine, which I regard as an innovation upon, and a departure from, long and thoroughly established principles of law.

Heaston v. Krieg

167 Ind. 101 · Indiana Supreme Court · Apr 27, 1906

The action resulted in a judgment revoking the probate of said former instrument and establishing as the last will and testament of said decedent the writing brought forward by appellee. … The statute which makes physicians incompetent to testify to matters concerning their patients which they learn by reason of their professional relation contains no qualifying terms.

Andrew S. Satterfield v. State of Indiana

33 N.E.3d 344 · Indiana Supreme Court · Jun 26, 2015

Helfenbein gave no opinion because he was not qualified to comment on Satterfield’s sanity. … R. 702(a), and both ordinary lay and skilled witnesses testify from their perceptions alone, not necessarily established scientific princi- ples, id.

Wilson v. Wilson

145 Ind. 659 · Indiana Supreme Court · Sep 29, 1896

Appellant’s principal contentions are that the facts as alleged in the complaint, and as they appear from the evidence in the record, do not establish the ultimate issuable fact that Mrs. … It is sufficient to say that under the issues in this case these were clearly incompetent. Finding no error in the record, the judgment is affirmed.