Case law

Greencastle Township v. Black

5 Ind. 557 · Indiana Supreme Court · Dec 12, 1854

The admissions of the township, the party in interest, can not be qualified by the answer of Kercheval, who is only her agent in collecting the taxes. … The words “ uniform and equal rate of assessment and taxation,” and “ all property, both real and personal,” clearly refer to general assessments to be made for the state at large.

State Ex Rel. Evansville City Coach Lines v. Rawlings

229 Ind. 552 · Indiana Supreme Court · Jun 25, 1951

“Public utilities enjoy monopolies and they are privileged to exact rates established by agencies set up by law. … Chapter 101 of the 1941 Acts, which established the Public Service Commission of Indiana clearly provides that the commission is a quasi-judicial body.

Schiro v. State

533 N.E.2d 1201 · Indiana Supreme Court · Feb 8, 1989

“Lane’s allegation of ineffective assistance is clearly an attempt to circumvent Rule PC 1, section 8, in order to present evidence on issues that had been waived.” … However, Schiro never gave the names of the establishments he and the victim allegedly visited, or identified anyone in any of those establishments who could verify his story.

Bailey v. State

260 Ind. 448 · Indiana Supreme Court · May 24, 1973

The record establishes the following: 1. Appellant was charged in the Ohio court by affidavit rather than by indictment. 2. … Since the record before our habeas judge clearly established that no determination of probable cause was made by any judge or any other official who might qualify as a neutral and detached magistrate, prior to the issuance

Bonds v. State

721 N.E.2d 1238 · Indiana Supreme Court · Dec 17, 1999

In the aggregate this is sufficient to establish motive, a concerted action by the group, and implementation of a prearranged agreement to shoot Webster. … It certainly does not qualify as a significant mitigating circumstance that the trial court was required to take into account.

Higert v. City of Greencastle

43 Ind. 574 · Indiana Supreme Court · Nov 15, 1873

*583 >We think not, clearly. This was a judicial act, for the nonperformance of which she can not be held liable. … It is very clearly established by the above authority that the appellee is liable for damages occasioned by the wrongful acts of John F.

Resnover v. State

460 N.E.2d 922 · Indiana Supreme Court · Mar 19, 1984

Appellant specifically argues that the circumstance established by Ind. … The fact that testimony is required by a qualified person to identify those speaking in a recording and to explain the jargon or radio codes used does not make the recording inadmissible per se.

Peterson v. State

674 N.E.2d 528 · Indiana Supreme Court · Dec 13, 1996

The Riverside Court declared that, as a general matter, a jurisdiction which provides judicial determination of probable cause within forty-eight hours of arrest will be immune from systemic challenges unless the arrested … However, we will not employ a standard that requires the facts in the record to so clearly point to the imposition of the death penalty that the jury’s recommendation is unreasonable.

D.M. v. State

949 N.E.2d 327 · Indiana Supreme Court · Jun 22, 2011

But the form could more clearly indicate the parent’s role. … For purposes of this opinion, we use the shorthand "parent” as inclusive of all the qualifying adults identified in Indiana Code section 31-32-5-1(2). .

Ellenwine v. Fairley

846 N.E.2d 657 · Indiana Supreme Court · May 3, 2006

The MMA did not create or establish the medical malpractice claim; it only imposed procedural requirements on the prosecution of them. Chamberlain v. Walpole, 822 N.E.2d 959, 961 (Ind. 2005). … It was Frady, then, that established the principle that the MMA’s two-year occurrence-based statute of limitations applies to wrongful death actions based on medical malpractice.

Gillian v. State

207 Ind. 661 · Indiana Supreme Court · Feb 26, 1935

were not for the provision that the prosecuting attorney is required to approve the affidavit and endorse thereon “approved by me,” we do not think it could be seriously contended that the prosecuting attorney would not be qualified … It is clearly seen that the instruction went far beyond the provision of the statute as above set out.

Davis v. Babb

190 Ind. 173 · Indiana Supreme Court · Dec 12, 1919

In the contest of a will on the ground of undue influence, the evidence required to establish the undue influence need not be of that direct, affirmative and positive character which is required to establish a tangible physical … Bearing in mind the fact that the evidence clearly discloses that said William H.

In Re Wagner

744 N.E.2d 418 · Indiana Supreme Court · Mar 19, 2001

The hearing officer found that the Commission failed to establish misconduct as to either count. … Despite the respondent’s use of the qualifier “apparently,” we find that the facts clearly and convincingly demonstrate a violation.

The Huntingon National Bank v. Car-X Assoc. Corp

39 N.E.3d 652 · Indiana Supreme Court · Aug 21, 2015

Finding that Huntington failed to establish either avenue of relief, the trial court denied its motion. … conclude that “[t]his is neglect, but not excusable neglect as the term appears in Rule 60(B)(1),” for “we [did] not agree that the failure of Smith to read his mail amounts to a breakdown in communication sufficient to qualify

Hall v. Essner

208 Ind. 99 · Indiana Supreme Court · Dec 14, 1934

This clearly indicates that tjie “banking business” is to be transacted by a “partnership, firm or individual” and not by a corporation. (3) Section 3 provides that every partnership, firm or individual desiring to transact … We recognize that the debates of members of a constitutional convention “can not be resorted to for the purpose of qualifying or changing the meaning of constitutional provisions” but “they (the debates of members) may be

Property Owners, Inc. v. City of Anderson

231 Ind. 78 · Indiana Supreme Court · Jul 23, 1952

E. 623 . 2 Findings of fact thirteen through thirty-five, inclusive, indicate clearly that this is not such new construction as requires the vote of the people, and the City of Anderson was not now entering upon the policy … The reasoning of these cases is in substance that the purpose is the single one of establishing municipal ownership of a public utility, and that the method of acquirement, whether by purchase or construction, relates only

James Bogner v. Teresa Bogner

29 N.E.3d 733 · Indiana Supreme Court · Apr 28, 2015

The order will only be set aside if clearly erroneous. … of the Guidelines “had intended for non-overnight visits in which the noncustodial parent provides the children with transportation from school and to and from their activities, feeds them, and does homework with them to qualify

Jenney Electric Co. v. Branham

33 L.R.A. 395 · Indiana Supreme Court · Sep 24, 1895

The appellee’s contention is that the evidence was admissible to prove the knowledge of the witness as to the rate of commission paid for such services, and as qualifying him to testify as to the value of such services. … Congdon, supra, it was held that evidence of an agreement that for the work done the plaintiff should receive a sum stated, was “clearly competent, as tending to show the value of the work and labor done.”

Max Yanoff v. Glenn Muncy etal

Indiana Supreme Court · Dec 18, 1998

These will not be set aside unless clearly erroneous. Ind. Trial Rule 52(A). The findings are clearly erroneous only when a review of the record leaves the appellate court firmly convinced a mistake has been made. … As a general rule, an express condition must be fulfilled or no liability can arise on the promise that the condition qualifies. 5 Williston, Contracts § 675 (3rd ed. 1961); Restatement (Second) of Contracts § 225 (1981)

Board of Trustees v. State ex rel. Eaton

175 Ind. 147 · Indiana Supreme Court · Feb 1, 1911

Every provision indicates an intention to establish a uniform system, and not a provision indicates an intention to put it in the power of any officer to break the uniformity. … Clearly in England it may.