Case law

State Ex Rel. Pollard v. Criminal Ct. of Marion Cty.

263 Ind. 236 · Indiana Supreme Court · Jun 11, 1975

The first criminal grand jury was established by the crown in 1164, to provide the centralized government with the benefit of local knowledge in the apprehension of criminals. … Unless the court finds that the issuance of the order would be clearly contrary to public interest, the witness shall comply with the order of the court.

Bolton v. State

223 Ind. 308 · Indiana Supreme Court · May 2, 1945

He is, therefore, best qualified to determine what credence or consideration should be given to the retraction, and his opinion is accordingly entitled to great weight. … It is too firmly established to_ require the citation of any authorities that the trial court is vested with a wide discretion in passing upon motions for a new trial and that only when it is clearly made to appear that the

Indiana Office of Utility Consumer Counselor v. Duke Energy Indiana, LLC

Indiana Supreme Court · Dec 19, 2024

accountable branches of government or a judicial branch largely immune from answering to the public? … After all, it’s “frequently in the consideration of mixed questions that the scope of statutory terms is established and their meaning defined.” Loper Bright, 144 S.

Mayberry v. State

670 N.E.2d 1262 · Indiana Supreme Court · Jul 19, 1996

As such, each level of hearsay must qualify under an exception to the hearsay rule. Ind.Evidenee Rule 805. … Similarly, communications which are intended to be made public are not privileged, as there is clearly no expectation of confidentiality. Corll, 646 N.E.2d at 725 (some citations omitted). .

Matter of Estate of Garwood

272 Ind. 519 · Indiana Supreme Court · Feb 5, 1980

Garwood, son of the deceased, and Lawrence Sommers, son-in-law of the deceased, qualified as co-executors of the estate. … settlement or family agreement had been reached pursuant to the 1958 probate code, which specifically sets forth the elements necessary to establish such agreement or settlement.

Indiana Department of State Revenue v. Bethlehem Steel Corp.

639 N.E.2d 264 · Indiana Supreme Court · Aug 19, 1994

Indiana Dep't of State Revenue (1989), Ind., 534 N.E.2d 715 (applying clearly erroneous standard to case tried on merits). III. … Under § however, even companies without taxable income could benefit from qualifying investments because they could sell the tax benefits to companies having taxable income. .

Cassidy v. Indiana State Board of Registration & Examination in Optometry

244 Ind. 137 · Indiana Supreme Court · Jun 26, 1963

“That by the use of signs and a newspaper advertisement in the November 31, 1960 issue of the Chesterton Tribune and the October 31, 1960 issue of the Portage News, Plaintiff held himself out as qualified for the practice … But can it be said that a lawyer, whose office space adjoins the offices of a bank or loan association which advertises its business, with most of his busi *149 ness being related to that establishment, is thereby guilty

Wood v. State ex rel. Seiler

155 Ind. 1 · Indiana Supreme Court · May 11, 1900

It will not do to say, as seems to be contended, that the right must be held in abeyance until the facts essential to its support have been first established before some proper officer or tribunal. … Before he will be entitled to a peremptory writ he will be required to prove clearly the existence of both these facts.

Ensley ex rel. Brown v. State

172 Ind. 198 · Indiana Supreme Court · Apr 22, 1909

This ordinance is claimed by relator to be void, on the ground that it is repugnant to §23 of the Bill of Rights (Art. 1), as granting privileges or immunities to one citizen or class of citizens not equally open to all on … City of Indianapolis (1880), 71 Ind. 189 , an ordinance prohibiting the maintenance of private hospitals without a license was held invalid as not being a proper exercise of the authority of cities “to erect and establish

Spright v. State

254 Ind. 420 · Indiana Supreme Court · Jul 29, 1970

In most cases it is not possible to establish the identity of an exhibit in question by a single witness. … (I)t is necessary to establish a complete chain of evidence tracing the possession of the exact and original exhibit to the final custodian.

Indiana Department of Highways v. Dixon

541 N.E.2d 877 · Indiana Supreme Court · Jul 25, 1989

Applicability of the AAA The Administrative Adjudication Act (AAA) (repealed effective July 1, 1987) established “a uniform method of administrative adjudication by all agencies of the state of Indiana ... … To the contrary, the petition only omitted one of the grounds for review under subsection 14(a): that the agency action was “[c]on-trary to constitutional right, power, privilege, or immunity.”

Ford Motor Co. v. Ammerman

Indiana Supreme Court · Feb 12, 1998

An abuse of discretion occurs when the trial court's judgment is clearly against the logic and effect of the facts and inferences supporting the judgment for relief. Id. … Clearly, the jury gave more weight to the Ammermans' evidence.

Matter of Public Law No. 305 and Public Law No. 309

263 Ind. 506 · Indiana Supreme Court · Sep 19, 1975

Public Law No. 305 provides for the establishment of “small claims docket” in certain circuit and superior courts and provides for the establishment of a “county court” in certain counties. … As above discussed, the legislature clearly created these new judgeships as additions to the “unified systems.”

Cameron v. Parish

155 Ind. 329 · Indiana Supreme Court · Jun 8, 1900

McAdams, the executor therein named, duly qualified as such, and continued to administer his trust until he was regularly discharged as such executor on the 13th day of. March, 1893. … The doctrine of election, as between inconsistent rights and its application to wills, has long been established and is firmly settled by the authorities.

O'Connor v. O'Connor

253 Ind. 295 · Indiana Supreme Court · Dec 10, 1969

Remarriage is without doubt an acceptance of the benefits which clearly falls within the rule. … Clearly, this is not to say that an award must be made to the successful wife and this court has so held: “. . .

Ohio & Mississippi Railway Co. v. Stein

140 Ind. 61 · Indiana Supreme Court · Dec 21, 1894

No harm, therefore, could have been caused by the exclusion of the fireman’s testimony as to the engineer’s practice, even if he were shown qualified to give such testimony, which we think he was not. … The instruction as to expenses for medical services is clearly erroneous. But it is conceded that there was no evidence as to the value of such services, or as to any amount paid by appellee therefor.

State v. Valley Development Company

256 Ind. 278 · Indiana Supreme Court · Apr 6, 1971

On appeal it must clearly appear that substantial justice has not been done or the judgment should be affirmed.” … It is being plied with widely divergent expert opinions and evidence of comparison sales, neither of which it feels qualified to evaluate.

State ex rel. City of Columbus v. Hauser

63 Ind. 155 · Indiana Supreme Court · Nov 15, 1878

In this clause 26 of section 53 of such general law, it is provided that the common council of an}*- such city shall have the power to enfoi’ce ordinances, “To construct aud establish works for furnishing the city with wholesome … We are clearly of the opinion, that the fourth paragraph of the appellant’s complaint did not state facts sufficient to constitute a cause of action against the appellees or either of them. 2.

Sims v. United States Fidelity & Guaranty Co.

782 N.E.2d 345 · Indiana Supreme Court · Jan 28, 2003

This Court should "nullify a statute on constitutional grounds only where such result is clearly rational and necessary." Bd. of Comm'rs of the County of Howard v. … By enacting the Worker's Compensation Act, the General Assembly has changed the common law by establishing a statutory scheme that approaches strict liability: if the accidental injury arises out of and in the course of employment

STATE, PRR CO. v. Iroq. Cons. Dist. Ct.

235 Ind. 353 · Indiana Supreme Court · Apr 20, 1956

"The court thus established shall have power and authority to establish conservancy districts when the conditions stated in section 4 of this act are found to exist. … This language is clearly applicable to the provisions of Section 6 of the Act.