Case law

Southern Indiana Railway Co. v. Railroad Commission

172 Ind. 113 · Indiana Supreme Court · Apr 2, 1909

The prevailing rule is tersely and clearly stated by Mr. Justice White, in Atlantic Coast Line R. Co. v. North Carolina Corp. … and of §§21 and 23 of the Bill of Rights (art. 1) of the Constitution of Indiana, which prohibit the demanding of services without just compensation, and the granting to one citizen, or class of citizens, privileges and immunities

Young v. Magnequench International, Inc.

188 F.R.D. 504 · District Court, S.D. Indiana · Aug 23, 1999

City of Burbank, 101 F.R.D. 59, 61-62 (N.D.Ill.1984) (stating that numerosity is met because “joinder of over 250 members is clearly impracticable”); Swanson v. … It is Youngs burden to prove that numerosity has been met, but he has clearly failed to sustain that burden. 2.

Rene Ex Rel. Rene v. Reed

751 N.E.2d 736 · Indiana Court of Appeals · Jun 20, 2001

Meghan Rene and certain other students with disabilities ("the Students") who were or are required to pass the Indiana graduation qualifying examination ("the GQE") 1 brought a class action *738 against Dr. … We may not reverse the trial court's findings unless they are clearly erroneous. Id. The general judgment will be affirmed if it can be sustained upon any legal theory by the evidence introduced at trial, Id.

Jones v. State

260 Ind. 463 · Indiana Supreme Court · May 25, 1973

It is only when the location of the exhibit is clearly established that we need concern ourselves with "probabilities" as the majority states. … The testimony leaves us without any information as to where it was and the failure to clearly establish the location at all times is a per se failure to establish a sufficient chain of custody.

Moses v. State

269 Ind. 698 · Indiana Supreme Court · Dec 5, 1978

After qualifying as an expert, Judge Anderson testified generally as to the purposes and procedures of the juvenile justice system. … The cases cited *701 by appellant in support of this theory are clearly inappropriate.

Horlander v. Horlander

579 N.E.2d 91 · Indiana Court of Appeals · Sep 30, 1991

Clearly, the Indiana court has jurisdiction over the actual dissolution of the Horlanders' marriage. … It has already been established that Indiana and not France is the children's "home state" within the meaning of 1.C. § 81-1-11.6-2(5).

Vandalia Railroad v. LaFayette & Logansport Traction Co.

175 Ind. 391 · Indiana Supreme Court · Mar 28, 1911

Appellee’s demurrer to the sixth ground of exception was sustained, and final judgment was rendered confirming and establishing appellee’s right to construct, maintain and operate its railroad across the tracks and right … The substantial right is the right to take private property by compulsory proceedings, and the manner of acquiring the property is clearly under legislative control. 1 Lewis, Emi *396 nent Domain. (3d ed.) §378.

Cheney v. Unroe

166 Ind. 550 · Indiana Supreme Court · May 29, 1906

of a public macadam road in White county, Indiana, during the year 1900,' under contract with the board of commissioners of said county, and that the plaintiff was appointed by said board superintendent of said road, and qualified … a public officer by which he binds himself to violate his duty to the public, or which places him in a position which is inconsistent with his duty to the public and has a tendency to induce him to violate such duty, is clearly

United States v. Williams

792 F. Supp. 1120 · District Court, S.D. Indiana · Apr 9, 1992

Rule 404(b) clearly requires that the Government provide notice to the defendant in “advance of trial.” Id. … Maryland exposes clearly that Brady is not a rule of discovery.

Comer v. State

839 N.E.2d 721 · Indiana Court of Appeals · Dec 19, 2005

Comer has failed to establish that the mitigating evidence is both significant and clearly supported by the record. … Comer has failed to establish that the mitigating evidence is both significant and clearly supported by the record.

Summers v. State

248 Ind. 534 · Indiana Supreme Court · Jun 23, 1967

Juvenile Act and case law precedents establishing rights of juveniles. … Under the rule in the Kent case it clearly is pregnant with the same defects as the order considered there and is only pro forma.

Franklin Electric Co. v. Lutheran Hospital of Indiana

926 N.E.2d 1036 · Indiana Court of Appeals · Mar 31, 2010

Even if the Wells Cireuit Court orders were appropriate vehicles for establishing primary coverage (i.e. … If those were the only two choices, there would be a better argument that Lori and Robert should be considered "separated," since clearly they have never been married to each other.

Town of Brownsburg, Indiana v. Fight Against Brownsburg Annexation

124 N.E.3d 597 · Indiana Supreme Court · Jun 5, 2019

(b) The requirements of this subsection are met if the evidence establishes the following: (1) That the territory sought to be annexed is contiguous to the municipality. … The record before us is not clear on what qualifies as a minor residential plat.

Schott v. Hepler

101 F.R.D. 99 · District Court, N.D. Indiana · Mar 20, 1984

As the facts clearly show, plaintiff brought a suit in state court against the Board which suit was dismissed with prejudice by stipulation of the parties. … This court also notes, without deciding, that the Sheriff may enjoy immunity from damages under § 1983 for actions taken in his official capacity by virtue of the Eleventh Amendment. Buxton v.

Johnson v. Rush County Division of Family & Children

690 N.E.2d 716 · Indiana Court of Appeals · Dec 22, 1997

These allegations must be established by clear and convincing evidence. Ind.Code 31-6-7-13(a). … Clearly, the children were removed from Harold for at least six months under a dispositional decree.

In Re Estate of Grimm

705 N.E.2d 483 · Indiana Court of Appeals · Jan 20, 1999

As noted above, Kruse never filed a written instrument with the trial court “renouncing all claims for the compensation provided by the will before qualifying as personal representative” pursuant to IND. … Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them.” Id.

Brown v. Union Trust Co.

229 Ind. 404 · Indiana Supreme Court · May 24, 1951

The appellee, The Union Trust Company of Greens-burg, Indiana, was appointed and duly qualified as executor of the will which was regularly probated on November 9, 1944. … There are certain broad canons of law on the subject of the interpretation of wills so well established as to be considered ruling law, among which we note the following: The law does not favor and will avoid, whenever the

Mid-Continent Paper Converters, Inc. v. Brady, Ware & Schoenfeld, Inc.

715 N.E.2d 906 · Indiana Court of Appeals · Aug 26, 1999

Indiana Agency Laxo It is well established that the actions of employees and agents of a corporation are attributable to the corporation, when the actions are done within the scope of employment. Bud Wolf Chevrolet v. … Although Mid-Continent suggests that it would have been able to find qualified financing from other resources absent Gleeson’s fraud, and that Gleeson’s fraud did not produce benefits but caused underpricing and resulted

Stuller v. Daniels

869 N.E.2d 1199 · Indiana Court of Appeals · Jul 16, 2007

We will only reverse the trial court’s judgment if it is clearly erroneous. Id. Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. … Therefore, we find that the trial court clearly abused its discretion. See Avemco, 812 N.E.2d at 117 . D.

Marriage of Nill v. Nill

584 N.E.2d 602 · Indiana Court of Appeals · Jan 21, 1992

The court clearly intended to equally divide the marital property in accordance with the statutory presumption; therefore, its failure to consider the value of personal property was clearly erroneous, and an abuse of discretion … The parties had maintained joint accounts established for the keeping and disbursement of their funds.