Case law

Huffman v. Newlee

189 Ind. 14 · Indiana Supreme Court · Oct 28, 1919

the drain was originally established. … The remonstrance was properly overruled because the evidence failed to show that it was signed by the required number of qualified landowners. 12.

Matter of Kuzman

335 N.E.2d 210 · Indiana Supreme Court · Oct 16, 1975

Respondent was admitted to the Indiana bar in 1959, and has established a reputation as a competent and ethical attorney. … "The practice of the law is not a business but a profession — a form of public trust, the performance of which is entrusted only to those who can qualify by *212 fitness, not the least of which is good moral character.

Termination: VG v. Indiana Department of Child Services

69 N.E.3d 464 · Indiana Supreme Court · Feb 17, 2017

Indiana law has accordingly established a “high bar” for the termination of parental rights. In re R.S., 56 N.E.3d 625, 628 (Ind. 2016). … Like “must,” “shall” is mandatory, and we cannot engraft qualifying language onto that directive. See Jackson v. State, 50 N.E.3d 767, 769 (Ind. 2016).

Maize v. State

4 Ind. 342 · Indiana Supreme Court · Nov 29, 1853

For very obvious reasons the principle which may have been partially established by previous assemblies, is not regarded as binding. … Yet most of these acts had in principle been decided by the previous assembly, almost nem. con., as clearly unconstitutional.

Southern Indiana Railway Co. v. Railroad Commission

172 Ind. 113 · Indiana Supreme Court · Apr 2, 1909

The prevailing rule is tersely and clearly stated by Mr. Justice White, in Atlantic Coast Line R. Co. v. North Carolina Corp. … and of §§21 and 23 of the Bill of Rights (art. 1) of the Constitution of Indiana, which prohibit the demanding of services without just compensation, and the granting to one citizen, or class of citizens, privileges and immunities

Jones v. State

260 Ind. 463 · Indiana Supreme Court · May 25, 1973

It is only when the location of the exhibit is clearly established that we need concern ourselves with "probabilities" as the majority states. … The testimony leaves us without any information as to where it was and the failure to clearly establish the location at all times is a per se failure to establish a sufficient chain of custody.

Moses v. State

269 Ind. 698 · Indiana Supreme Court · Dec 5, 1978

After qualifying as an expert, Judge Anderson testified generally as to the purposes and procedures of the juvenile justice system. … The cases cited *701 by appellant in support of this theory are clearly inappropriate.

Vandalia Railroad v. LaFayette & Logansport Traction Co.

175 Ind. 391 · Indiana Supreme Court · Mar 28, 1911

Appellee’s demurrer to the sixth ground of exception was sustained, and final judgment was rendered confirming and establishing appellee’s right to construct, maintain and operate its railroad across the tracks and right … The substantial right is the right to take private property by compulsory proceedings, and the manner of acquiring the property is clearly under legislative control. 1 Lewis, Emi *396 nent Domain. (3d ed.) §378.

State ex rel. Simpson v. Meeker

182 Ind. 240 · Indiana Supreme Court · Jul 2, 1914

rule of statutory interpretation the presumption is that the word “shall”, as used in any given law, is to be construed in an imperative sense, rather than directory, and this presumption will control unless it appears clearly … Appellants, on the other hand, contend (1) that it is for the legislature to determine how and by what instrumentalities the common-school system shall be administered and carried into effect; (2) that it is only in a qualified

Cheney v. Unroe

166 Ind. 550 · Indiana Supreme Court · May 29, 1906

of a public macadam road in White county, Indiana, during the year 1900,' under contract with the board of commissioners of said county, and that the plaintiff was appointed by said board superintendent of said road, and qualified … a public officer by which he binds himself to violate his duty to the public, or which places him in a position which is inconsistent with his duty to the public and has a tendency to induce him to violate such duty, is clearly

Summers v. State

248 Ind. 534 · Indiana Supreme Court · Jun 23, 1967

Juvenile Act and case law precedents establishing rights of juveniles. … Under the rule in the Kent case it clearly is pregnant with the same defects as the order considered there and is only pro forma.

Town of Brownsburg, Indiana v. Fight Against Brownsburg Annexation

124 N.E.3d 597 · Indiana Supreme Court · Jun 5, 2019

(b) The requirements of this subsection are met if the evidence establishes the following: (1) That the territory sought to be annexed is contiguous to the municipality. … The record before us is not clear on what qualifies as a minor residential plat.

Brown v. Union Trust Co.

229 Ind. 404 · Indiana Supreme Court · May 24, 1951

The appellee, The Union Trust Company of Greens-burg, Indiana, was appointed and duly qualified as executor of the will which was regularly probated on November 9, 1944. … There are certain broad canons of law on the subject of the interpretation of wills so well established as to be considered ruling law, among which we note the following: The law does not favor and will avoid, whenever the

State v. Dye

784 N.E.2d 469 · Indiana Supreme Court · Mar 6, 2003

The State's appeal is determined using the "clearly erroneous" standard. … The post-conviction court's findings on this issue are not clearly erroneous.

Wolfe v. Pugh

101 Ind. 293 · Indiana Supreme Court · Apr 22, 1885

In the first place, an agency at least had been clearly established. In the second place, as we have said, the jury might well have found from the evidence that there was a conspiracy to cheat and defraud Pugh. … And, in the third place, the motion included all of the conversations of Osborn with Pugh, some of which was clearly competent.

Holtz v. Bd. of Com'rs of Elkhart County

560 N.E.2d 645 · Indiana Supreme Court · Oct 10, 1990

Affidavits filed by the Board established that Holtz was an employee at will and that he did not file a notice of tort claim. The affidavits were not controverted. … The immunity provided by the Tort Claims Act applies only to a "loss" which is defined by Ind. Code § 34-4-16.5 -2(e): "Loss" means injury to or death of a person, or damage to property.

State ex rel. Hovey v. Noble

4 L.R.A. 101 · Indiana Supreme Court · Apr 20, 1889

Another clause declares that the “ commissioners shall respectively hold their offices for the term of four years, arid until their successors are elected and qualified.” … This principle has been established for ages.

Corbett v. State

764 N.E.2d 622 · Indiana Supreme Court · Mar 19, 2002

review of this claim despite the defendant's failure to establish that he properly raised the issue at trial. … When a defendant alleges that the trial court failed to identify or find a mitigating cireumstance, the defendant must establish that the mitigating evidence is both significant and clearly supported by the record.

Andre Gonzalez v. State of Indiana

980 N.E.2d 312 · Indiana Supreme Court · Jan 10, 2013

Under the first prong of this test, we determine what type of scheme the legislature in- tended the statute to establish. Id. (citing Smith v. Doe, 538 U.S. 84, 92, 123 S. Ct. 1140, 1146– 47, 155 L. … Under Indiana law, there are two avenues by which a sex offender may qualify as an SVP.

Pearson v. Pearson

125 Ind. 341 · Indiana Supreme Court · Oct 9, 1890

Pearson, deceased, claim all of said land remaining unsold, which is of the value of six thousand dollars; that the appellee Eli Stansbury is the duly appointed and qualified administrator of the estate of the said John G … In our opinion the trust which the appellant is seeking to establish falls clearly within the statute above quoted, and is within the authorities cited above.