Case law

Schrenker v. Clifford

270 Ind. 525 · Indiana Supreme Court · Mar 27, 1979

The earlier statute, Ind.Code § 3-1-22-5 (Burns 1972) is a clearly stated and unambiguous rule that absent voter ballots are only to be mailed to addresses outside of the county of the applicant’s residence. … This is a regulation governing Indiana elections which is within the prerogative of the General Assembly to establish. Other such regulations include residency and age requirements.

DePuy, Inc. v. Farmer

847 N.E.2d 160 · Indiana Supreme Court · May 17, 2006

This was clearly “in the course of” his employment because clocking in and out was part of Farmer’s job. See Global Constr., Inc. v. … This immunity applies only if the injury is “by accident.” The parties do not dispute that Farmer was injured by an intentional tort of a co-worker.

Bayh v. Sonnenburg

573 N.E.2d 398 · Indiana Supreme Court · Jun 12, 1991

Shortly after the Garcia decision, Congress amended FLSA to immunize certain pre-1986 violations. … This section clearly contemplates that those committed might be allowed or required to work.

Burgett v. Burgett

43 Ind. 78 · Indiana Supreme Court · May 15, 1873

The charge in this respect is clearly correct in the abstract, and as applied to the evidence. … Moreover, if the defendant desired an instruction upon this point leaving out the qualifying term “practising,” he should have asked it. We now pass to the next point.

Groves v. State

456 N.E.2d 720 · Indiana Supreme Court · Dec 13, 1983

On the other hand, a photograph sees in more detail, remembers more accurately and transmits its message more clearly than any human witness. Id. … In order for the photograph to qualify for admission as substantive evidence, its probative integrity had to be first established.

City Chapel Evangelical Free Inc. v. City of South Bend Ex Rel. Department of Redevelopment

744 N.E.2d 443 · Indiana Supreme Court · Mar 29, 2001

The Constitution's Preamble expressly declares its purposes to be "that justice be established, public order maintained, and liberty perpetuated." … If City Chapel were thus able to establish that it qualified for the hybrid claim exeeption, South Bend's condemnation proceedings would survive City Chapel's First Amendment challenge only if South Bend satisfied the requirements

Moody v. State

448 N.E.2d 660 · Indiana Supreme Court · May 9, 1983

First appellant objects to Fazio's testimony on grounds he was not sufficiently qualified as an expert witness to testify regarding ballistics test results. … Appellant also claims the proper chain of custody was not established to permit the admission of the spent bullet.

Huffman v. State

205 Ind. 75 · Indiana Supreme Court · Mar 28, 1933

This was clearly stated by Myers, J., speaking for the Court in Zimmerman v . State (1921), 190 Ind. 537 , 130 N. … E. 331 , may be construed as qualifying the rule it was modified by Crum v. State, supra, by necessary implication ; and we now expressly declare that it was so modified.

State ex rel. Yancey v. Hyde

13 L.R.A. 79 · Indiana Supreme Court · Jun 18, 1891

He qualified on the 11th day of the same month, and entered upon the discharge of the duties of the office/and has ever since continued to discharge such duties. … Under this appointment the appellee qualified and entered upon the discharge of the duties of said office.

Henley v. State

519 N.E.2d 525 · Indiana Supreme Court · Feb 23, 1988

Although the victim opened her door in response to appellant's knock, she did not intend to allow him to enter her home which was clearly demonstrated by the fact she handed the telephone to him through the door. … He contends that the circumstances were not otherwise similar enough to qualify as showing a common scheme or plan, or for identification of appellant.

Buffington v. Buffington

151 Ind. 200 · Indiana Supreme Court · Oct 7, 1898

It is the firmly-established rule in this State that antenuptial contracts are not in such disfavor as to require rigid construction. … The clause in which each reserved the right to dispose of his or her property, by will very clearly had in view the adjustment of property rights after the death of either.

Murray v. Gault

179 Ind. 658 · Indiana Supreme Court · Apr 23, 1913

Mundy, supra, this court said: “While it is true that the rational and appropriate office of a proviso is to qualify and restrain the preceding clause in the section of which it is a part, unless it clearly appears that it … On the question of procedure for establishment of drains and sewers, generally, see 60 L. R. A. 161

State ex rel. Mt. Carmel School Corp. v. Shields

56 Ind. 521 · Indiana Supreme Court · May 15, 1877

Shields, trustee of said Springfield township, unlawfully entered upon, and took possession of, said schoolhouse and grounds, and employed and put said house in possession of the appellee Lucy Smith, a qualified and licensed … the same at a cost of four thousand dollars, making said house of sufficient capacity to conveniently accommodate two hundred scholars, and furnished said school-house with suitable furniture; that there was, and had been established

State Ex Rel. Blieden v. Gleason

224 Ind. 142 · Indiana Supreme Court · Mar 2, 1946

Shortly after the death which caused the vacancy, the mayor appointed appellee to the office and he immediately qualified and assumed the duties of the office. … E. (2d) 995, the opinion which denied a rehearing clearly covered our question.

State Ex Rel. Emmert v. Union Trust Co.

227 Ind. 571 · Indiana Supreme Court · Jun 8, 1949

the diaries to be edited by a qualified person and cause them then to be printed, published, dedicated to her father, Stoughton A. … To me it is evident *584 that by the use of these words testatrix clearly expressed her intention to do a public charity.

Kellum v. State

66 Ind. 588 · Indiana Supreme Court · May 15, 1879

Jones, five discreet persons, as such managers; that the said managers, having each qualified and given bond and security as required by said act and to the approval of said Board of Trustees, adopted the scheme alleged in … The constitution of 1816 contained no prohibition against the establishment of lotteries by legislative action, but was entirely silent on that subject.

Church v. Grand Rapids & Indiana R. R.

70 Ind. 161 · Indiana Supreme Court · May 15, 1880

The parties appeared to the action below, and without objection the court appointed three qualified persons as commissioners to appraise the damages alleged to have been sustained by the plaintiff as above. … The complaint clearly did not bring this case within the provisions of sec. 15 of the act of May 11th, 1852, supra.

Citizens Action Coalition of Indiana, Inc. v. Northern Indiana Public Service Co.

485 N.E.2d 610 · Indiana Supreme Court · Nov 19, 1985

service. 2 This is clearly distinguishable from allowing amortization of cancelled plants that never became "used and useful". … Whether or not the Bailly N-1 project qualifies as an accommodation aspect of service as contemplated by 1.C. § 8-1-2-1.

Paternity of K.I. ex rel. J.I. v. J.H.

903 N.E.2d 453 · Indiana Supreme Court · Mar 25, 2009

A judgment is also clearly erroneous when the trial court applies the wrong legal standard to properly found facts. Id. Discussion L. … More specifically, even assuming J.I. qualifies as a de facto custodian 7 that status bears only on the question of custody.

Coon v. Cook

6 Ind. 268 · Indiana Supreme Court · May 31, 1855

.; and the Court having rendered an order to that effect, appointed the said Conrad Coon guardian of her person and estate, who was duly qualified. … The revision of 1843 was then in force, and its provisions relative to insane persons were clearly applicable.