Case law

In Re Petitions to Transfer Appeals From Appellate Court to Supreme Court

202 Ind. 365 · Indiana Supreme Court · Jan 29, 1931

I am not ready to concede that any one of the three departments of government established by our state Constitution will so far forget itself as to intentionally exceed its constitutional authority by doing anything not clearly … There must have been a reason for this qualifying clause, which, to my mind, is clearly apparent.

STATE EX REL. SAVERY ETC. v. Criminal Court of Marion County

234 Ind. 632 · Indiana Supreme Court · Nov 18, 1955

I of our Bill of Rights, by granting a privilege and immunity *648 to one defendant not granted on equal terms to other defendants. Many different crimes may be the result of a criminal sexual psychopathic mind. … “Our construction, therefore, is, that the constitution does not forbid the establishment of Courts of Chancery with power, *649 in addition to the usual jurisdiction of a Court of equity, of taking cognizance of and protecting

Banks v. State

157 Ind. 190 · Indiana Supreme Court · Jun 26, 1901

It was consequently the right of appellant to endeavor to explain or rebut' such intent upon any reasonable theory or claim, and the action of the court in excluding from the jury the evidence in dispute falls clearly within … In the first case last cited the defendant was indicted for larceny and the evidence established that he had borrowed the chattel alleged to have been stolen to take it to a certain place; that he had then gone to a different

Smith v. Kyler

74 Ind. 575 · Indiana Supreme Court · May 15, 1881

In making a qualified vacation of the first judgment, in granting a new trial of the cause. 8. In overruling the appellants’ motion to set aside a part of the order vacating the first judgment. 9. … and properly shown and established elsewhere, in and by the record.

Alpha Psi Chapter of Pi Kappa Phi Fraternity, Inc. v. Auditor of Monroe County

849 N.E.2d 1131 · Indiana Supreme Court · Jun 29, 2006

It is clearly implied . . . and we know it to be true in fact, that in many cases local laws are necessary.” Gentile v. State, 29 Ind. 409, 411-12 (1868) overruled by Heckler v. … Not only does Section 44 exclude all other groups that ordinarily qualify for exemptions, its terms exclude fraternities that are not connected with Indiana University.

Lurie v. City of Indianapolis

245 Ind. 457 · Indiana Supreme Court · Jul 1, 1964

Secondly, because as a municipal body, it does not have exclusive authority or responsibility for the operation of parks within the area for which it is established. … municipal corporations require additional bonding authority for the purpose of carrying out the necessary functions of government, as may be true in this case, they can and should acquire this authority by a direct and clearly

Lake County Property Owners Ass'n v. Holovachka

233 Ind. 509 · Indiana Supreme Court · Jun 16, 1954

It cannot be doubted that, where it is established that the prosecuting attorney is an interested party, or otherwise clearly incapacitated, the court may appoint an attorney to represent the interests of the state. … This court did not decide that a person guilty of crime becomes immune from prosecution upon becoming prosecutor.

Wright-Bachman, Inc. v. HODNETT

235 Ind. 307 · Indiana Supreme Court · Apr 12, 1956

It is the settled law that the question of classification is primarily for the legislature and does not become a judicial question unless it clearly appears that the legislative classification is not based on substantial … Article 4, Section 21, Constitution of Indiana. 12 “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.

Sanchez v. State

749 N.E.2d 509 · Indiana Supreme Court · Jun 26, 2001

The State tersely responds that, “Clearly the [voluntary intoxication] instruction does not violate the Indiana Constitution,” relying on the proposition that due course of law claims are to be examined using the same analysis … Article I, Section 23 — Equal Privileges and Immunities Sanchez finally contends that Indiana Code section 35-41-2-5 violates Indiana’s Privileges and Immunities clause, Article I, Section 23.

Goecker v. McOsker

177 Ind. 607 · Indiana Supreme Court · May 28, 1912

Appellant’s amended complaint, under five specifications, attempted to state facts establishing grounds for contest under the first, second and fourth causes. … Clearly that case has no force against this complaint, for it alleges that by reason of the irregularity, illegality, mistakes and malconduct of the election officers in each and all of the thirty-four election precincts

Marriage of Pond v. Pond

700 N.E.2d 1130 · Indiana Supreme Court · Oct 26, 1998

Further, in closing argument filed in writing to the court, the husband stated: The facts most clearly provided in this case establish that the marriage of the parties was deteriorating. … To the contrary, the agreement clearly falls within the ambit of section 10 of the Dissolution of Marriage Act.

Gears v. State

203 Ind. 400 · Indiana Supreme Court · Mar 30, 1932

McDonald accepted the appointment and qualified. No objection was made to the appointment of Mr. McDonald and no request that three persons be nominated by the regular judge. Mr. … Neither tendered instruction No. 2 nor tendered instruction No. 12 contained any material matter that was not clearly and adequately presented to the jury by instructions given by the court.

School City of Peru v. State Ex Rel. Youngblood

212 Ind. 255 · Indiana Supreme Court · Apr 1, 1937

It is alleged that the appellee had served continuously for eleven years last past as superintendent of such schools and was fully qualified as a tenure teacher with an indefinite contract pursuant to Chapter 97 of the Acts … When all of these facts are considered in connection with the appellee’s refusal to accept the position assigned to him by the board, it clearly appears that the board was justified in holding that the appellee was guilty

Ratcliff v. Dick Johnson School Township

204 Ind. 525 · Indiana Supreme Court · Apr 5, 1933

trustee notified her that while her work as a teacher in said township had been and was highly satisfactory to himself and to the school patrons of said school district, and while he recognized the fact that she was well qualified … p. 259, and that said statute is unconstitutional in that it violates §23, Art. 1, of our State Constitution, which provides that: “The General Assembly shall not grant to any citizen or class of citizens, privileges or immunities

State ex rel. Benham v. Bradt

170 Ind. 480 · Indiana Supreme Court · May 26, 1908

Clearly the word “license,” as employed in §6378, supra, means the written document by which permission or authority has been granted to the holder thereof to teach in the common schools for the period of time required by … As the complaint does not show that the relator at the time of his alleged election held some one of the licenses required by §6378, supra, but held only the diploma therein set out, he must be held to have failed to establish

Gradison v. State

260 Ind. 688 · Indiana Supreme Court · Aug 14, 1973

In qualifying, Mr. Davidson related a number of sales in the area that he had investigated and considered in forming his opinions. … It is incumbent on the party offering proof of other sales to show the facts which establish similarity.”

Brumfield v. Drook

101 Ind. 190 · Indiana Supreme Court · Apr 4, 1885

Had such change of disposition been intended, the testator would probably have employed language that would have clearly indicated such purpose, in view of the fact that a contrary intention had already been twice explicitly … All the parts of a will are to be construed in relation to each other so as, if possible, to form one consistent whole, and so as to uphold all of its provisions, if this can be done consistently with established rules of

Beebe v. State

6 Ind. 501 · Indiana Supreme Court · Dec 20, 1855

The same qualified prohibitory policy, by means of the township vote, was attempted under the new constitution, in the liquor act of 1853. … But this is clearly impossible. It will continue to agitate the public until it is definitely settled at the ballot-box.

Wade v. State

490 N.E.2d 1097 · Indiana Supreme Court · Apr 3, 1986

Appellant further contends that the State failed to establish the proper foundation for admitting these exhibits. … The best evidence of a conversation is a clearly audible tape recording of it. Duncanson v. State (1979), 181 Ind. App. 370 , 391 N.E.2d 1157 , trans. denied.

Underwood v. State

535 N.E.2d 118 · Indiana Supreme Court · Mar 6, 1989

Low mental capacity is not sufficient to establish that a defendant lacked the requisite capacity to form intent. Hester v. State (1987), Ind., 512 N.E.2d 1110 . … The exhibit clearly speaks for itself; notwithstanding any testimony that might have been garnered concerning the dimensions of the entryway, the fact clearly demonstrated by State's Exhibit No. 4 could not have been contradicted