Case law

Pugh v. Bussel

2 Blackf. 394 · Indiana Supreme Court · Nov 7, 1831

From this view of the case, it is clearly demonstrated that those laws are not necessarily repugnant to that part of the constitution, vesting- in congress the exclusive power to establish uniform laws on the subject of bankruptcy … The United, Stales appear to have established a different doctrine.

Jacobs v. State

210 Ind. 107 · Indiana Supreme Court · Apr 30, 1936

If a deposit is made which may be set off against an indebtedness there is no loss, and the statute clearly intends in such case that there is no criminal liability. … be arbitrarily *112 excluded in the selection of a jury; that jury commissioners must personally perform the discretionary duties vested in them; that the names selected for jury service must be selected from all of the qualified

Morkoetter v. Sonoco Products Co.

936 F. Supp. 2d 995 · District Court, N.D. Indiana · Mar 29, 2013

noted that it would go against the intent and purpose of the FMLA to allow an employer to “terminate an eleventh month-employee for simply requesting foreseeable leave for which he is eligible, when that employer would be clearly … To obtain relief under ERISA § 510, a plaintiff must establish that “(1) [he] is a member of an ERISA plan; (2) [he] was qualified for the position; and (3) [he] was discharged under circumstances that provide some basis

Dove v. Rose Acre Farms, Inc.

434 N.E.2d 931 · Indiana Court of Appeals · May 11, 1982

Rust told him he could sleep and still qualify for the bonus. Dove left to seek medical treat *933 ment and missed two days in the tenth week of the bonus program. … Furthermore, neither the bonus contract nor any surrounding circumstances clearly indicated that a single day’s absence was intended to work a forfeiture.

DeBoer v. DeBoer

669 N.E.2d 415 · Indiana Court of Appeals · Jul 15, 1996

An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and cireumstances before the court. Id. … Charlene alleges error in the determination that David need not contribute to a college fund established by the parties and by naming David administrator of the fund, because he "is the most qualified of the two parents to

In Re Paternity of MGS

756 N.E.2d 990 · Indiana Court of Appeals · Oct 11, 2001

. § 31-19-9-15 [3] is not jurisdictional, and *997 the trial court should have concluded that his irrevocable implied consent was inequitable because his behavior clearly evinced an intent to establish parental rights. … Specifically, I.C. § 31-19-9-15 clearly states that a putative father forgoes his right to establish paternity of the child if he fails to file his paternity action within thirty days of receiving notice of the potential

Shenmei Yuan v. Wells Fargo Bank, N.A.

Indiana Court of Appeals · Dec 21, 2020

Logan, 728 N.E.2d 855, 858 (Ind. 2000) (“Unsworn statements . . . do not qualify as proper Rule 56 evidence.”). … Used in the Hogueison Affidavit [16] Yuan’s next challenge to the Hogueison Affidavit is that it did not provide a proper foundation for the admission of Exhibits 1-4 as business records because it is “clearly

Pardue v. Perdue Farms, Inc.

925 N.E.2d 482 · Indiana Court of Appeals · Apr 21, 2010

Charles Issel. 32) Plaintiffs' expert, Anthony Havies, was not qualified to render opinions on proximate causation, nor did Mr. … We define the clearly erroneous standard based upon whether the party is appealing a negative judgment or an adverse judgment.

Thomas Roberts v. State of Indiana

Indiana Court of Appeals · Oct 4, 2013

The standard used to review claims that a statute is unconstitutional is well established: “every statute is presumed to comport with the Constitution until clearly overcome by a contrary showing.” Schweitzer v. … Equal Privileges and Immunities Roberts also claims that the sentence modification statute violates Article 1, Section 23 of the Indiana Constitution.

Ross v. Lambert

79 Ind. App. 30 · Indiana Court of Appeals · Nov 23, 1922

Ross is the duly appointed, qualified and acting receiver of said railroad, having been first appointed by the U. S. District Court in the State of Ohio, and that an ancillary appointment was made later by the U. S. … The contention as expressly stated is that the city court had no jurisdiction of the subject-matter of the action; but, from the reasons given in support of the contention, it clearly appears that in reality the objection

Antonio L. Vaughn v. State of Indiana

13 N.E.3d 873 · Indiana Court of Appeals · Jul 15, 2014

We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Id. … We will reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Id.

Lockridge v. Citizens Trust Co. of Greencastle

110 Ind. App. 253 · Indiana Court of Appeals · Dec 4, 1941

Lockridge died testate, and on March 5, 1928, the appellee, Citizens Trust Company of Greencastle, Indiana, qualified as executor of his will. … control the same for the best interest of the testator’s estate, and where it is given power to determine what shall be for the best interest of the testator’s estate, notwithstanding any bequests made in the will, then, clearly

Wendell Brown a/k/a Menes Ankh El v. State of Indiana

64 N.E.3d 1219 · Indiana Court of Appeals · Nov 22, 2016

Therefore, by the power and authority vested in me by right of birth and right of soil, retaining all substantive unalienable rights and immunities in the Organic United States of … Following Ankh-El’s arrest, his fingerprints established his identity as Wendell Brown.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.S.M. (Minor Child) and A.M.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Apr 27, 2018

All rights, powers, privileges, immunities, duties, and obligations concerning the Child, including the right to consent to adoption, pertaining to that relationship are permanently … Accordingly, we cannot say that it is clearly erroneous in this regard.

Swain v. State

215 Ind. 259 · Indiana Supreme Court · Feb 9, 1939

The evidence to the contrary clearly showed that there were many negroes of intelligence, including business men, owners of real property, and householders in the community, among them nearly 200 college graduates, who were … It was further established that in 50 years no negro had been drawn for jury service in the county.

School City of Hammond District v. Chad Rueth

71 N.E.3d 33 · Indiana Court of Appeals · Feb 14, 2017

[24] Here, the evidence clearly established that Principal Ondas intended to open up Gavit’s athletic director position to other candidates at the end of Rueth’s contract term. … civil immunity for employers who disclose information about [current and] former employees unless that information was known to be false, and requires prospective employers to provide copies of the disclosures

Knox v. AC & S, INC.

690 F. Supp. 752 · District Court, S.D. Indiana · Jul 8, 1988

The accrual date in a case such as the case at bar has been clearly established as a discovery statute of limitations. *759 See, Barnes, 476 N.E.2d 84 (Ind.1985); Walters, 781 F.2d 570 (7th Cir.1986). … In addition, Dague Corp., has clearly established that the statute of repose places an outside limit on liability of twelve (12) years for a products liability cause of action in Indiana.

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

65 Ind. App. 38 · Indiana Court of Appeals · Nov 9, 1916

Ed. 919 , it was said: “It would seem on general principles that if the party who actually causes the injury is free from all civil and criminal liability therefor, his employer must also be entitled to a like immunity.” … Diehl, 84 Ind. 274 , our Supreme Court very clearly defined the duties and liabilities of sleeping car companies toward occupants of berths upon their coaches.

Pottlitzer v. Wesson

8 Ind. App. 472 · Indiana Court of Appeals · Dec 21, 1893

The evidence tends to establish the fpllowing state of facts: Appellants are partners, doing business in Fort Wayne and Lafayette, Indiana, under the name of Pottlitzer Brothers; and appellees are partners, doing business … It clearly appears in this case that appellants did inspect and know just what the bananas were before accepting them.

Wade v. State

490 N.E.2d 1097 · Indiana Supreme Court · Apr 3, 1986

Appellant further contends that the State failed to establish the proper foundation for admitting these exhibits. … The best evidence of a conversation is a clearly audible tape recording of it. Duncanson v. State (1979), 181 Ind. App. 370 , 391 N.E.2d 1157 , trans. denied.