Case law

Armstrong v. Board of Commissioners

4 Blackf. 208 · Indiana Supreme Court · Dec 31, 1836

The admission is qualified by the suggestion, that if a change be made, the act authorising it must provide an indemnity to the appellants, who, it is contended, have vested rights based upon contract. … These authorities likewise establish, that where a law creates a contract, and absolute rights are vested under it, such rights cannot be divested by a repeal of that law.

Allgire v. State

575 N.E.2d 600 · Indiana Supreme Court · May 21, 1991

Phipps was not sufficiently qualified to give expert testimony on that subject. Appellant then made a lengthy offer to prove and moved that the court qualify Dr. … Defense counsel also established that Dr.

Perdue v. Gargano

964 N.E.2d 825 · Indiana Supreme Court · Mar 22, 2012

As such, Section 273.2(d)(1) clearly contemplates at least two bases for the denial of benefits: refusal and failure to cooperate. … Lastly, there is no issue of material fact as to whether Perdue is a "qualified individual with a disability."

Reginald N. Person, Jr. v. Carol A. Shipley

962 N.E.2d 1192 · Indiana Supreme Court · Jan 31, 2012

Turner was not qualified to offer an opinion on either accident reconstruction or the medical cause of injury, and even if he were qualified, that his opinions were unreliable because he did not have sufficient information … The facts in this case clearly support Dr.

Martin v. Roberts

464 N.E.2d 896 · Indiana Supreme Court · Jun 22, 1984

Officer Brown therefore had to show to the trial judge his knowledge and experience in the field to qualify as an expert. … On appeal, Martin's burden is to establish that the evidence most favorable to Roberts, together with all reasonable inferences, conclusively established that she knew of, and understood, a given danger and that she voluntarily

Cahoon v. Cummings

734 N.E.2d 535 · Indiana Supreme Court · Sep 1, 2000

Thus, we hold that the evidence of the addition of “Cline scope” to Cummings’ x-ray report qualifies under the spoliation rule in Indiana. … Feferman, 717 N.E.2d 578, 582 (Ind. 1999), there is no comparable provision immunizing health care providers generally from prejudgment interest. In Emergency Physicians v.

State Ex Rel. Anderson v. Brand, Trustee

214 Ind. 347 · Indiana Supreme Court · Jan 14, 1937

"No rule of construction is more firmly established than this: that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards matters of procedure … But the court clearly recognized the legal soundness of the rule that tenure rights are vested and are immune from legislative impairment. The opinion of the Wisconsin Supreme Court in State ex rel. O'Neil v.

Cotton v. State

658 N.E.2d 898 · Indiana Supreme Court · Dec 14, 1995

Thus, this Court has required that a written memorial must form the basis for establishing the error or omission to be corrected by the nune pro tune order. Blum's Lumber & Crating, Inc. v. … The truth is that Judge Barnet did qualify and assume jurisdiction as special judge in this case before sitting in judgment.

Morris v. Powell

9 L.R.A. 326 · Indiana Supreme Court · Oct 8, 1890

he is a qualified elector.” … A voter who moves from one county to another sixty days before an election, is entitled to vote in the township in which he establishes his residence.

Lyle v. State ex rel. Smith

172 Ind. 502 · Indiana Supreme Court · Jun 22, 1909

The statute is clearly remedial and administrative in character, and should receive a liberal and reasonable construction. State, ex rel., v. Schmetzer (1901), 156 Ind. 528 . … It shows two things: (1) That the lawmakers did not intend to bestow special priv *508 ileges and immunities upon the patrons and children of abandoned districts; (2) that, in the legislative judgment, two miles in the one

State Ex Rel. Youngblood v. Warrick Circuit Court

208 Ind. 594 · Indiana Supreme Court · Jun 11, 1935

Gray established himself in a room in the courthouse, and announced that he was assuming jurisdiction of the cause as special judge. … To clearly state the position is to demonstrate that it is untenable.

Epps v. State

267 Ind. 177 · Indiana Supreme Court · Nov 8, 1977

Caine was not qualified to give expert testimony. … This testimony clearly established Sgt. Caine’s professional qualifications. *182 V.

State Ex Rel. McGovern v. Gilkison, Judge

208 Ind. 416 · Indiana Supreme Court · Jun 11, 1935

Applying the reasoning to the case at bar, it will be seen that the right of Kays and his associates to hold the offices was only established by their own assertion. … In reversing the case, this court said (p. 218) : “The authorities clearly establish that courts of equity will not interfere to determine questions concerning the appointment or election of public officers or their title

King v. State

531 N.E.2d 1154 · Indiana Supreme Court · Dec 20, 1988

He asserts that the jury was as qualified as Herrara to make that determination and that it was error to permit Herrera’s “lay” opinion. … State’s witness Podolak was qualified as a hair and fiber expert.

State v. Richcreek

167 Ind. 217 · Indiana Supreme Court · May 29, 1906

The quasi-public nature of the banking business, and the intimate relation which it bears to the fiscal affairs of the people and the revenues of the State, clearly bring it within the domain of the internal police power, … The insistence that the act grants special privileges and immunities is equally untenable.

Brown v. State

468 N.E.2d 841 · Indiana Supreme Court · Oct 1, 1984

In sum the support marshalled for the appellate claim of insufficiency of evidence merely asks this court to substitute a different complex of factual inferences for those inferences qualifying as reasonable inferences supporting … The evidence of identity was clearly sufficient. *843 2.

Minnick v. State

154 Ind. 379 · Indiana Supreme Court · Mar 28, 1900

These provisions of our fundamental and statutory law clearly show that a public official is not authorized to enter upon the discharge of the duties of the office to which he may have been elected or appointed until he has … steps to qualify.

Spice Valley Sch. Twp., Lawrence County v. Rizer

214 Ind. 528 · Indiana Supreme Court · Jun 7, 1938

a permanent tenure teacher; that the township trustee refused to furnish appellee employment as a teacher during the school year beginning in September, 1931, although appellee was at all times ready, willing, able and qualified … It follows, therefore, that the introduction in evidence of appellant’s exhibits 2, 5, and 7 would not be calculated to establish any fact to defeat the appellee’s right to teach for the school term of 1931-1932.

State ex rel. Harrison v. Menaugh

43 L.R.A. 408 · Indiana Supreme Court · Jul 1, 1898

clearly his charge to the exclusion of all such doubts. … If we can add to the reserved rights of the people, we can take them away; if we can mend, we can mar; if we can remove the landmarks which we find established, we can obliterate them; if we can change the constitution in

Cincinnati, Indianapolis & Western Railroad v. Board of Commissioners

192 Ind. 1 · Indiana Supreme Court · Mar 29, 1922

to be graded, drained and paved” any such new highway, or “to .cause to be straightened, graded, drained and improved” any such highway already established, if such action was properly asked by fifty or more qualified petitioners … And that neither the viewers nor the board of commissioners has any power to lay nut, establish or construct any improvement except as petitioned for by a sufficient number of properly qualified freeholders who are voters