Case law

Laporte Carriage Co. v. Sullender

165 Ind. 290 · Indiana Supreme Court · Oct 6, 1905

Section 7087b, supra, declares that “Uo child under fourteen years of age shall be employed in any manufacturing or mercantile establishment,” etc. … question is of such a character that it can not be properly guarded, can not be said to be a matter of defense to be proved by appellant; for, as previously said, a party who relies upon a statute must bring himself fully and clearly

Kokenes v. State

213 Ind. 476 · Indiana Supreme Court · Mar 10, 1938

If the robbery be established, but it is not proven that he was armed, there should be a conviction for robbery. … , or partial immunity, or reward, it cannot be doubted that confessions procured after physical violence, and torture, and a threat of further mistreatment, are more unreliable.

Clifft v. Indiana Department of State Revenue

660 N.E.2d 310 · Indiana Supreme Court · Dec 27, 1995

In such a case, the findings of the Tax Court are clearly erroneous and are thus reversible. Indiana Dept of State Rev. v. Bethlehem Steel Corp. (1994), 639 N.E.2d 264 . III. … Because our conclusion is identical to that of the Tax Court, we summarily affirm its opinion on the immunity issue. Ind.Appellate Rules 11(B)B) & 18(H)(@2). V.

State Board of Tax Commissioners v. Montgomery

730 N.E.2d 680 · Indiana Supreme Court · Jun 27, 2000

The Act provides for the establishment of an HCI fund in each county. Each county fund’s balance is transferred monthly to a state fund. … The reasons for requiring a party to seek administrative remedies are well established.

Bass v. Elliott

105 Ind. 517 · Indiana Supreme Court · Mar 5, 1886

Woollen, who had been duly appointed and qualified as judge pro tempore of the court below for the trial of this cause, appellees’ motion to strike from the files the amendment to the original report of the commissioners … Whatever else may be said of those facts, we are clearly of the opinion that, upon the facts found, there can be no other or different conclusion of law than the one stated by the trial court, namely, a finding for the appellees

Bacher v. State

686 N.E.2d 791 · Indiana Supreme Court · Oct 9, 1997

And it would appear to me that maybe it is something that is clearly not admissible.” … Defendant argues that Box was not qualified to give an expert opinion as to the time of death.

Walb v. Eshelman

176 Ind. 253 · Indiana Supreme Court · Mar 29, 1911

Davis, who made and entered the judgment against him was not, and had not been legally appointed, selected and qualified to act as such judge, and was without jurisdiction in the matter. … This was clearly within his rights, and was the proper practice, for as the method of appointment of special judges is provided by a mandatory statute, it must, upon the objection of a party in interest, be followed.

Hill v. State

252 Ind. 601 · Indiana Supreme Court · Oct 9, 1969

However, it appears that any such deficiency would have to be severe to qualify. Here, the defendant’s I.Q. was 75 or bordering on retardation. … The test, which recognizes cognitive and volitional capacity, would change present Indiana law in that a mental defect is therein clearly established as being a condition which will, where proper, relieve a defendant of criminal

Hill v. State

212 Ind. 692 · Indiana Supreme Court · Nov 23, 1937

Baldwin, the duly appointed, qualified, and acting deputy prosecuting attorney of Howard County, due to the fact that the prosecuting attorney, Paul v. … This instruction is clearly erroneous. The appellant was charged in the affidavit with voluntary manslaughter and one so charged can not be found guilty of involuntary manslaughter.

Northern Indiana Bank & Trust Co. v. State Board of Finance

457 N.E.2d 527 · Indiana Supreme Court · Dec 20, 1983

The act must be clearly subversive to the constitution before it will be declared invalid. Short v. Texaco, Inc., (1980) Ind., 406 N.E.2d 625 ; Noel v. Ewing, (1857) 9 Ind. 37 . … This Act established the Board of Internal Improvement and authorized the Board to borrow up to ten million dollars to finance internal improvements.

Blake Layman & Levi Sparks v. State of Indiana

Indiana Supreme Court · Sep 18, 2015

This felonious conduct was clearly ‘the mediate or immediate cause’ of [his accomplice’s] death.” Id. (emphasis added). … But we clarified, “the Indiana Double Jeopardy Clause is not violated when the evidentiary facts establishing the essential elements of one offense also establish only one or even several, but not all, of the essential elements

Webb v. Jarvis

575 N.E.2d 992 · Indiana Supreme Court · Jun 28, 1991

Having established the ground rules, our analysis follows. I. … Clearly, therefore, there was an absence of privity between them. Jarvis, however, argues that privity is not required here because Dr.

GKN Co. v. Magness

744 N.E.2d 397 · Indiana Supreme Court · Mar 13, 2001

And in reviewing the trial court’s factual findings and judgment, we will reverse only if they are clearly erroneous. Id. … Factual findings are clearly erroneous if the evidence does not support them, and a judgment is clearly erroneous if it is unsupported by the factual findings or conclusions of law. Id.

Gauvin v. State

883 N.E.2d 99 · Indiana Supreme Court · Apr 1, 2008

Parental supervision is crucial to rearing children, but the duration and severity of the pain and suffering Michelle’s stepdaughter endured adequately established torture as an aggravating circumstance. … Clearly, the statutory language makes no exception based on the relationship between the offender and victim. Any person who tortures and subsequently murders another person appears to qualify for the aggravator.

Department of Treasury v. South Bend Tribune

216 Ind. 285 · Indiana Supreme Court · Dec 22, 1939

“Appellants insist here, as they did in the state courts, that the sums earned under the advertising contracts are immune from the tax because the contracts are entered into by transactions across state lines and result in … But the court very clearly distinguishes the Fisher’s Blend Station case and other similar cases, and holds that they are not applicable to the facts presented.

Superior Trailer Mfg. Corp. v. J. W. Scatterday, Inc.

243 Ind. 473 · Indiana Supreme Court · Oct 4, 1962

Scatterday, was a registered professional engineer and qualified builder and that said defendant was, through its president and employees, qualified to complete the building and do all of the construction work contemplated … Several findings of fact stated by the court demonstrate that its decision was based upon a clearly erroneous conception of both the law and the facts as they related to the important issue as to whether or not appellee Scatterday

Vandalia Coal Co. v. Yemm

175 Ind. 524 · Indiana Supreme Court · Jun 10, 1910

In this contention counsel are clearly in error. … This action is clearly not an extension of the term, but is the conferring of a new right out of term.

McCollum v. State

582 N.E.2d 804 · Indiana Supreme Court · Dec 12, 1991

Appellant’s objection to Exhibit 1A, fingerprint cards, is that sufficient chain of custody was not established. This claim is without merit. … Although appellant claims that the court failed to consider mitigating factors which clearly existed, he fails to identify those factors.

Andert v. Fuchs

271 Ind. 627 · Indiana Supreme Court · Sep 25, 1979

properly directed a verdict in favor of the host-driver defendant, upon evidence that he operated his automobile at a speed of from 50 to 60 miles per hour on a “blacktop” surfaced street in a “drizzling rain” and entered a clearly … Saucerman and other cases, was qualified in Clouse, etc. v.

Vail v. Jones

31 Ind. 467 · Indiana Supreme Court · Nov 15, 1869

Y. 191 , under a similar statute to our own, that “a counter-claim, when established, must in some way qualify or must defeat the judgment to which the plaintiff is otherwise entitled.” … This provision (if needed for that purpose) clearly saves to defendants in equitable actions the right to set up any matter in the. answer in the nature of a cross-complaint which under the former practice could have been