Case law

Adams v. Betz

167 Ind. 161 · Indiana Supreme Court · Oct 4, 1906

The facts established thereby clearly disclose that appellee is the legal owner of the land in dispute, and is entitled to have his title thereto quieted and set at rest as against the claims made by appellant. … line was so established.

Louisville & Nashville Railroad v. Kemper

153 Ind. 618 · Indiana Supreme Court · May 23, 1899

There is evidence strongly tending to sustain the verdict and, under the well established rule in such cases, we cannot disturb the judgment. … Proof of immunity of other persons from injury would have afforded no sufficient basis for a presumption that the track was sound and safe. 16 Am. & Eng. Ency. of Law p. 457, and cases cited.

State Ex Rel. O'Donnell v. Flickinger

211 Ind. 361 · Indiana Supreme Court · Mar 31, 1937

O’Donnell seeks to establish his right to the office of trustee as a member of the board of trustees of the department of water works of the city of East Chicago, Indiana. … The inspectors are not city employees or officers and clearly do not come within the provision of Sec. 10 of the Act of 1933.

Hatfield v. Cummings

152 Ind. 280 · Indiana Supreme Court · Jun 10, 1898

The allegation in the amended complaint as to the authority of the receiver to sue is “that said Luther Cummings was duly appointed and qualified as receiver of said association, and, among other things, was then and there … It is well established that a ruling not available as to all parties complaining of it, cannot be successfully assigned as error jointly by them. Earhart v. Farmers Creamery, 148 Ind. 79 , and cases there cited.

Atkinson v. Disher

177 Ind. 665 · Indiana Supreme Court · May 28, 1912

The question was not' presented before the board of commissioners and presented a new issue for the first time in the circuit court, which, under well-established rules of practice, may not be done. Sanasack v. … to change the result if maintained, was to present a question which clearly was not before the board in any form, and was the same in effect as presenting a new issue; but that situation would not ordinarily be available

Tim Berry, Auditor of State M. Caroline Spotts, Principal Clerk of the House of Representatives and The State of Indiana/ Brian C. Bosma, Speaker v. William Crawford

Indiana Supreme Court · Jun 18, 2013

the power to determine the rules of its own proceedings, whether a "ma- jority of each house" has voted in favor of a bill must be decided by the rules established by the legislature. … To the extent the independent contractor-employee analysis applies in this case, legislators are clearly employees of the State.

Inland Steel Co. v. Yedinak

172 Ind. 423 · Indiana Supreme Court · Feb 23, 1909

It is contended that these statutes unlawfully abridge the privileges and immunities of appellant as a citizen of the United States, in violation of the 14th amendment to the federal Constitution. … The denial of the motion for judgment was clearly right, in view of what has already been said and what follows. 7.

J.D. v. State

859 N.E.2d 341 · Indiana Supreme Court · Jan 5, 2007

s alleged political speech clearly amounted to an abuse of the right to free speech and thus subjected her to accountability under Section 9. Because we find that J.D.' … s shouting was not relevant to establish the charged act of delinquency. Furthermore, she voluntarily engaged in the conduct that included these statements.

Porter v. State

246 Ind. 701 · Indiana Supreme Court · Oct 13, 1965

verily believes that on the 80th day of January, 1962, at and in the County of Daviess, State of Indiana, before Marshall Jett, then and there Justice of Peace in and for Washington Township in said County, duly elected and qualified … It is claimed that the affidavit is defective because the proper statutory words regarding materiality were not used, and that the materiality of the false statement was not clearly shown.

Love v. Rehfus

946 N.E.2d 1 · Indiana Supreme Court · Apr 21, 2011

I ask you [to] support Bob Boyer because he is more qualified for the job and ad- dresses current issues and not made up rumors. Appellant‟s App. 59-60. … We find that Love clearly satisfies the two threshold requirements of Garcetti and Con- nick.

Grimes v. State

450 N.E.2d 512 · Indiana Supreme Court · Jul 6, 1983

Fos-sum's testimony clearly related his autopsy observations, as illustrated by Exhibits E-1 through E-12, to the State's theory of the chain of events in this case. … Appellant specifically contends that Joy was qualified only in general psychology and was not qualified to testify about matters of human sexuality.

Miller v. State

174 Ind. 255 · Indiana Supreme Court · May 24, 1910

It clearly falls within the condemnation of the principle announced in the cases of Porter v. State, supra, and Dunn v. State (1904), 162 Ind. 174 . … He further stated in his affidavit that he made it without hope of reward and without any promise of immunity, and that he made it solely that he might, so far as was in his power, right the wrong which he had done to Stout

Teresa Meredith, Dr. Edward E. Eiler, Richard E. Hamilton, Sheila Kennedy, Rev. Michael Jones, Dr. Robert M. Stwalley, III v. Mike Pence, as Governor of Indiana, and Glenda Ritz

Indiana Supreme Court · Mar 26, 2013

Moreover, in reviewing the constitutionality of a statute, "every statute stands before us clothed with the presumption of constitutionality unless clearly overcome by a contrary showing." Id. at 338; see also State v. … directive: The General Assembly shall from, [sic] time to time, pass such laws as shall be calculat- ed to encourage intellectual, Scientifical, and agricultural improvement, by allowing re- wards and immunities

STATE EX REL. McCLURE ETC. v. MARION SUP. CT. ETC.

239 Ind. 472 · Indiana Supreme Court · May 1, 1959

He was duly commissioned by the governor and qualified according to law. Gosman, claiming the right to hold over until his successor was elected and qualified, refused to surrender the office. … Acts 1907, ch. 207, § 1, p. 360, being § 4-1401, Burns' 1946 Replacement, establishes the Marion Superior Court.

State Ex Rel. Indianapolis Bar Ass'n v. Fletcher Trust Co.

211 Ind. 27 · Indiana Supreme Court · Jan 13, 1937

A power, therefore, in the supreme courts of justice to suppress such contempts, by an immediate attachment of the offender, results from the first principles of judicial establishments, and must be an inseparable attendant … If the board finds that the applicant is of good moral character and otherwise qualified, and, if the applicant seeking admission by an examination has successfully passed the examination, then a report is made to this court

Turner v. Cook

36 Ind. 129 · Indiana Supreme Court · May 15, 1871

It does not appear whether the executrix, who was the widow, named in the will, had qualified or not. Two of the defendants, Elizabeth Turner, the widow, and Robert A. … As to his communications or declarations to her, they were clearly inadmissible, 3 Ind. Stat. 560, sec. 2.

In Re: Indiana State Fair Litigation, Mid-America Sound Corporation v. Indiana State Fair Commission, Jill Polet

49 N.E.3d 545 · Indiana Supreme Court · Jan 28, 2016

Though none of the indemnity language in this invoice expressly extends to losses prior to the invoice date, Mid-America argues that its course of dealing with the Commission established such an agreement—or at least raises … In view of that conclusion, we express no opinion on whether the Commission is a govern- mental entity with immunity under the Indiana Tort Claims Act (ITCA), Ind.

Daniel Ray Wilkes v. State of Indiana

984 N.E.2d 1236 · Indiana Supreme Court · Apr 4, 2013

And he has clearly failed to establish in this appeal that the evidence conclusively points to a conclusion con- trary to that reached by the post-conviction court. … Both Williams and Schnepper were qualified capital case attorneys in accordance with Criminal Rule 24. See Ind. Crim. Rule 24(B).

Lowrey v. City of Delphi

55 Ind. 250 · Indiana Supreme Court · Nov 15, 1876

And appellant averred, that she had been duly appointed and qualified as administratrix of the estate of said William A. … Where, as in this case, it is alleged that the death was caused by the wrongful omission of another, it must appear, clearly, from the averments of the complaint or paragraph, that the thing omitted caused the death, that

Gallagher v. State

925 N.E.2d 350 · Indiana Supreme Court · Feb 23, 2010

During that period of time, however, the defendant was principally engaged in conduct related to unlawful drug activities clearly visible to anyone present, and thus his thirteen and one half minutes in the proscribed zone … does not qualify as "briefly."