Case law

Miller, Etc. v. Ortman, Etc.

235 Ind. 641 · Indiana Supreme Court · Jul 12, 1956

Immediately following the adoption of these by-laws the stockholders shall choose five persons to serve as Directors until the next annual meeting of the stockholders, and until their successors are duly elected and qualified … Clearly the law is not as represented by appellee Thorpe, as stated in Finding 16.

Baker v. State

260 Ind. 618 · Indiana Supreme Court · Jul 16, 1973

It is true, as contended by the appellant, that the witness was qualified as a medical pathologist and nothing more. … His qualification as a pathologist clearly revealed that he was an expert in the use of a microscope. He did use a microscope to observe the fibers.

Wallace v. State

553 N.E.2d 456 · Indiana Supreme Court · Apr 17, 1990

It is well established that where counsel is competent the court may deny hybrid representation in its discretion. … He has failed to meet his burden of establishing error on this issue.

Edwards v. Housing Authority of City of Muncie

215 Ind. 330 · Indiana Supreme Court · Mar 13, 1939

It is contended that the act is unconstitutional in that it attempts to grant to a class of citizens privileges or immunities which, upon the same'terms, do not equally belong to all citizens; that, since the properties of … Clearly the act was intended to confer such power, and no reason is seen why the legislature might not do so.

In the Matter of Friedland

275 Ind. 214 · Indiana Supreme Court · Feb 10, 1981

The grievance clearly was filed in good faith. On September 16,1977, Respondent sued Bradford in the Marion Circuit Court asserting malicious abuse of the disciplinary process and libel. … The suit against Judge Buchanan was dismissed on the ground of judicial immunity.

St. Ex Rel. Sch. C. of South Bend v. Thompson, Aud.

211 Ind. 267 · Indiana Supreme Court · Feb 24, 1937

be a duly elected, qualified and acting mayor of a city in such county or a president of the board of trustees of an incorporated town in such county; one (1) shall be a duly elected or appointed, qualified and acting member … Its powers are clearly set forth in the above section.

State ex rel. Shuckman v. Neff

74 Ind. 146 · Indiana Supreme Court · Nov 15, 1880

Neff was duly elected a constable-of Madison township, in Allen county, and had duly qualified as such constable on the 17th day of October, 1872, and as such had executed his bond in the sum of two thousand dollars, with … In the first of these instructions, the court told the jury that to entitle the relator to recover in this action, it was necessary for him to establish by a preponderance of the evidence, among other facts mentioned, “that

Gross Income Tax Division v. Shane Manufacturing Co.

244 Ind. 279 · Indiana Supreme Court · Jun 20, 1963

The factual situation, in the case at bar, is clearly set out in the “Stipulation of Facts” filed in this action, which omitting formal parts thereof and exhibits thereto is as follows: “It is hereby stipulated and agreed … It is a well established principle of constitutional law that a State may not levy a tax on transactions which will result in an “unnecessary” burden upon interstate commerce.

State, Ex Rel. v. Superior Court of Marion County

202 Ind. 589 · Indiana Supreme Court · Jul 24, 1931

bank be converted into cash, and, after paying expenses incident thereto, they be applied, first, to the payment in full of claims of depositors and creditors of the bank in accordance with their respective equities as established … They are the outgrowth of §18, supra, and of such a character to be properly incorporated into the act of which §18 was a part, and clearly responsive to its title.

T.B. v. Indiana Department of Child Services

921 N.E.2d 494 · Indiana Supreme Court · Nov 30, 2009

From the time of her release until March, 2007, Mother had not established suitable housing for her children, had not maintained stable employment, and had not complied with court orders regarding treatment for her drug problem … while the Addendum impermissi-bly interferes with the open adoption statutes' grants of authority to adoption courts and of consent rights to adoptive parents, the colloquy between the trial court, Mother, and her counsel clearly

Clark v. State

562 N.E.2d 11 · Indiana Supreme Court · Oct 30, 1990

Even though fireman Seott Adam was present at this search, the facts clearly show that he did not initiate it. Searches performed by non-governmental actors are not controlled by the fourth amendment. Sizemore v. … There is also sufficient evidence to establish the requisite intent for both arson and felony murder.

Harrison v. State

644 N.E.2d 1243 · Indiana Supreme Court · Jan 4, 1995

But we also clearly Said that before any such testimony is to be presented to the jury, the trial court must rule "the witness qualified as a matter of law to give expert testimony regarding DNA analysis." Id. … The purpose of the omnibus date is to establish a point in time from which various deadlines under this article are established. Id.

Rowe v. Bateman

153 Ind. 633 · Indiana Supreme Court · Oct 24, 1899

terminated December 3, 1897, and that of Bateman on December 2, 1898; and we may assume, therefore, that these appellees as former officials, at the close of their respective terms, surrendered their offices to duly chosen and qualified … thereof to be served upon the defendant, and that the latter be given a notice in writing' of not less than ten days to appear in the circuit court of the county, or in the criminal court, in case the latter court has been established

Tucker v. State

218 Ind. 614 · Indiana Supreme Court · Jun 26, 1941

The concluding clause, that the appointment shall expire when a successor shall have been elected and qualified, clearly indicates that the provision was designed to cover interim appointments to offices which were not filled … His appointment to fill the office would fill it, and there would be no vacancy nor serving until a successor had been elected and qualified.

Golden v. State

485 N.E.2d 51 · Indiana Supreme Court · Nov 19, 1985

Although it appears that Exhibits 8, 10, and 11 were properly qualified pursuant to Ind.R.Tr.P. 44(A)(1), Appellant elaims that said exhibits are not complete records since docket sheets were not included. … Our standards used in testing this contention have been very clearly stated. Appellant must establish counsel's performance was deficient and that such deficiency prejudiced his case. Elliott v.

Chicago & Eastern Illinois Railway Co. v. Hedges

118 Ind. 5 · Indiana Supreme Court · Mar 13, 1889

There were other answers, but none which in any way qualified or mitigated the force of those above set out. … Two propositions, one affirmative, and the other in a sense negative, must be established by him.

State Ex Rel. Harris v. Superior Court

245 Ind. 339 · Indiana Supreme Court · Apr 17, 1964

. *350 It is further well and firmly established that the jurisdiction and power of courts of equity to issue restraining orders and injunctions is limited to the protection of civil and property rights. State ex rel. … An administrative agency of the state can grant special privileges and immunities under the police power of the state, whether for the protection of morals, health or safety, with absolute impunity from judicial review, only

Indian Refining Co. v. Taylor

195 Ind. 223 · Indiana Supreme Court · May 2, 1924

plaintiff and those acting under his authority in the discharge of the duties of the office of State Supervisor of Oil Inspection, or the duties devolved upon the deputy inspectors, until such time as it shall be first established … Co. (1907), 154 Fed. 519 , it is held that interest is recoverable by the United States on unpaid duties where the amount due is liquidated and clearly ascertained and demand has been duly made on the importer.

Blythe v. Gibbons

141 Ind. 332 · Indiana Supreme Court · Nov 28, 1893

Blythe, was appointed in accordance with the prayer of their complaint, who was qualified, gave bond and filed an inventory. … The evidence discloses pretty clearly that such an order as that would have found no one ready to invest money and would have prevented the receiver from borrowing any more money.

Conrad v. Hansen

171 Ind. 43 · Indiana Supreme Court · Oct 9, 1908

whether there was a conspiracy on the part of the petitioners, or some of them, to make fifteen of their number freeholders by procuring the conveyance to them of a certain lot' in Lakeville, in said township, and thereby qualifying … The rule that this court cannot weigh the evidence is clearly applicable here. American Varnish Co. v. Reed (1900), 154 Ind. 88, 91 ; Chicago, etc., R. Co. v. State, ex rel. (1902), 158 Ind. 189, 195 ; Lee v.