Case law

Board of Commissioners of Clarke Co. v. State, ex rel. Lewis

61 Ind. 75 · Indiana Supreme Court · May 15, 1878

It is claimed that the affidavit should have shown more clearly when the paper containing the notice was published. … But the defendant in this case was the Board of Commissioners of Clarke County, a corporation established by *85 the laws of the State. The paper filed did not purport to be filed by the defendant.

City of Indianapolis v. Kingsbury

101 Ind. 200 · Indiana Supreme Court · Dec 30, 1884

The first conclusion of law is clearly right. … The immunity from taxation is attributable to the fact that the community and the owners regarded it as a public highway, and, for that reason, not taxable.

Northern Indiana Public Service Co. v. United States Steel Corp.

907 N.E.2d 1012 · Indiana Supreme Court · Jun 23, 2009

We therefore apply the established standard of review for judicial review of Commission orders. … Steel counters that though the number is the same for each period, it clearly includes five distinct prices for the Energy Charge, which allows for the plural. (App. at 3838-34, Appellee's Br. at 23.)

Kiplinger v. State

922 N.E.2d 1261 · Indiana Supreme Court · Mar 22, 2010

. § 35-42-1-1(2). 2 out parole based on the qualifying aggravating circumstance that the Defendant intentionally killed Braunecker while committing or attempting to commit … while committing or attempting to commit rape, the aggra- vating circumstances enumerated by the Court in the record at the Sentencing Hearing, and the Court’s finding that the aggravating circumstances clearly

Chicago, Indiana & Eastern Railway Co. v. Wysor Land Co.

163 Ind. 288 · Indiana Supreme Court · Jan 14, 1904

The same was clearly sufficient to withstand the demurrer for want of facts. … Moore (1882), 84 Ind. 496 , a proceeding to establish a public highway, it was held that opinions of witnesses were not admissible to show the values of the land across which the road was to be located, “with, and without

State v. Ensley

177 Ind. 483 · Indiana Supreme Court · Jan 10, 1912

construction, thoroughly settled, is that where a statute has been construed by the courts of a state, and is thereafter substantially reenacted, the legislature thereby adopts such construction, unless the contrary is clearly … Law §417, it is said: “A demand is not necessary to establish a conversion, but is only an evidence of it. ’ ’ To the same effect see 28 Am. and Eng. Ency. Law (2d ed.) 706, and 15 Cyc. 522. 10.

State Ex Rel. Indiana State Bar Ass'n v. Northouse

848 N.E.2d 668 · Indiana Supreme Court · Jun 6, 2006

Drafting and preparing testamentary and trust documents is clearly the practice of law. … Conclusion, Injunction, and Costs The evidence establishes that Northouse and Ramer have engaged in the unauthorized practice of law.

Sherwood v. State

717 N.E.2d 131 · Indiana Supreme Court · Oct 1, 1999

Pursuant to Indiana Rule of Criminal Procedure 24, the court appointed qualified lead counsel and co-counsel to defend Sherwood. … Here, Sherwood’s competence to stand trial was properly established, and the trial court’s holding in that regard is not challenged on appeal.

Matheney v. State

688 N.E.2d 883 · Indiana Supreme Court · Nov 24, 1997

The trial court’s ruling was not clearly erroneous. C. … According to present counsel, studies show death-qualified juries to be more likely to vote for conviction than non-death qualified juries.

Eldridge v. State

498 N.E.2d 12 · Indiana Supreme Court · Oct 7, 1986

The records in this case clearly indicate that appellant still stands properly convicted of burglary and is in the status of an habitual offender. … The added convictions did not qualify under the habitual offender statute.

State v. Monfort

723 N.E.2d 407 · Indiana Supreme Court · Jan 26, 2000

perceiving the obstacles to the success of an iniquitous intention are to be expected from the scruples of the courts, are in a manner compelled by the very motives of the injustice they mediate, to qualify … As already explained, superior courts, as courts of general jurisdiction, enjoy the same immunity as circuit courts from interference that violates the separation of powers.

Claypool v. Jaqua

135 Ind. 499 · Indiana Supreme Court · Nov 22, 1893

The pleadings and exhibits, as shown by the record, establish the following facts, beyond controversy, and faithfully tell the story of the case: That the appellee Eliza, prior to January 1, 1887, was . a widow, and one Setli … We think, clearly not. The widow’s statutory claim to $500 is not an interest in the estate of the decedent, but is a preferred claim payable out of the personal estate, if sufficient for the purpose.

Harrison School Township v. McGregor

96 Ind. 185 · Indiana Supreme Court · Jun 17, 1884

The paragraph of answer was clearly insufficient, and the demurrer thereto was correctly sustained. Harmony School Tp. v. Moore, 80 Ind. 276 . … The allegation in question was an. immaterial and unnecessary one, and it was not requisite to appellee’s recovery in the action that its truth should be established by evidence. In Harmony School Tp. v.

Indiana Department of State Revenue v. Bulkmatic Transport Co.

648 N.E.2d 1156 · Indiana Supreme Court · Apr 13, 1995

Second, the Tax Court concluded that the 1991 Regulation clearly defining tank truck as a single unit truck, as opposed to a double unit pneumatic truck, was a change to the rule rather than simply a clarification of the … The affidavit established that the department's 1991 modification of the 1986 Regulation specifying the exemption percentage for vehicle types that had historically been categorized as "other motor vehicles" merely reflected

Kelley v. State

210 Ind. 380 · Indiana Supreme Court · Jul 3, 1936

But it was essential to the protection of appellant for the jury to clearly understand that proof of appellant’s combining or uniting with others to commit an unlawful act, or even a felony other than the one charged in the … Moreover, so far as the answer (I never heard his character discussed) implies that the witness has not had opportunities for learning what the reputation was, he is not a qualified witness to reputation.”

Chrysler Group, LLC v. Review Board of the Indiana Department of Workforce Development

960 N.E.2d 118 · Indiana Supreme Court · Jan 19, 2012

The “key points of the Trelleborg analysis” that Chrysler would have us apply to Section 22-4-14-1(c) are that “the employer clearly must have first made and announced a decision to lay off certain employees or to close a … An employee who qualified for the optional lay-off requested it and, after her employer granted the request, applied for unemployment benefits. Id. at 486.

Sherman v. Hogland

73 Ind. 472 · Indiana Supreme Court · May 15, 1881

The third instruction given by the court is as follows: “Fraud is never presumed, but must be clearly proven. … If it had qualified the general proposition asserted, by adding words limiting the rule to cases where some consideration had been paid, then its refusal would have given appellants just ground of complaint.

Johns v. State

159 Ind. 413 · Indiana Supreme Court · Nov 18, 1902

In a later case the same court said: “A rule of criminal plead *416 ing, which at one time obtained in some of the circuits, and perhaps received a qualified sanction from this court in United Stales v. … Darlington, 153 Ind. 1 , 2: “It is generally true, as a rule of criminal pleading, that, where the principal act or acts constituting the offense are clearly defined by the statute, it is sufficient to charge the offense

State Ex Rel. Coffin v. Superior Court

196 Ind. 614 · Indiana Supreme Court · Oct 27, 1925

Civil rights are those which have no relation to the establishment, support, or management of the government. … The facts of that case are clearly distinguishable from those of the case at bar in many respects, but more especially with relation to the facts relied on as creating a special emergency that called for extraordinary relief

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Montgomery

152 Ind. 1 · Indiana Supreme Court · Feb 19, 1898

place and performing the duty of the corporation in that behalf, while the writer hereof is of the opinion that the whole of the fourth subdivision must stand together, and that the words quoted from the concluding clause qualify … It is next contended that the act violates section 23 of article 1 of the Constitution, providing that “the General Assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same