Case law

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.

State ex rel. Davidson v. Allen

71 Ind. App. 160 · Indiana Court of Appeals · Oct 14, 1919

Clinton Davidson, was appointed a commissioner to take charge of and complete thé‘ construction of said ditch; that said commissioner, after having duly qualified, was ordered by the Pulaski Circuit Court to collect the unpaid … This provision clearly fixes the duty of said relator *167 with reference to the collection of the assessments in question.

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.

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

Board of Commissioners v. Kime

66 Ind. App. 620 · Indiana Court of Appeals · Feb 8, 1918

Imel was the duly appointed, qualified and acting health commissioner of said county, and. on said day appellee ascertained that William Arnold and family, of Washington township, said county, were afflicted with smallpox … The fact that the means employed to accomplish the end in view incidentally benefits indigent persons unable to pay for their necessary care and treatment does not change the application of the law, but is clearly within

Wright-Moore Corp. v. Ricoh Corp.

794 F. Supp. 844 · District Court, N.D. Indiana · Dec 10, 1991

Wright-Moore clearly meets this standard. 908 F.2d at 134-35 . … Defendant argues that Moore and Mood-ie do not establish that “recoverability” means a “no-risk” investment, but rather, the cases establish that a “no-risk” investment is clearly recoverable, and that a firm-specific investment

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.

Gray v. State

841 N.E.2d 1210 · Indiana Court of Appeals · Feb 10, 2006

Gray further claims that the severance issue was "clearly stronger" than the issues raised and would likely have led to a reversal. Appellant's Br. at 9. … Defense counsel then stated that Gray was willing to accept "the proposal that he would stipulate that he has a conviction that will qualify as a Serious Violent Felony under the statute." T-Tr. at 12-14.

Int'l Bus. Machs. Corp. v. State

112 N.E.3d 1088 · Indiana Court of Appeals · Sep 28, 2018

forth the various overarching "Policy Objectives" for the modernization effort, which include, in pertinent part: (i) to provide efficient, accurate and timely eligibility determinations for individuals and families who qualify … Accordingly, as the supreme court ultimately and decidedly established the issue of material breach, it remanded for the calculation of the parties' damages.

Hill v. Hill

863 N.E.2d 456 · Indiana Court of Appeals · Apr 2, 2007

In a separate section of the Final Decree, the trial court ordered an equal division of Husband’s pension and ordered Wife to create a Qualified Domestic Relations Order establishing such an arrangement. 3 Husband now appeals … As Husband is currently receiving payments from his pension plan, he clearly has “a present right to withdraw pension or retirement benefits” under subsection (b)(1).

In Re the Appeal of Associated Sign & Post, Inc

485 N.E.2d 917 · Indiana Court of Appeals · Nov 26, 1985

An agency established or designated under this section has no jurisdiction over the state or any of its agencies. … Clearly, this is what the Bloomington Human Rights Commission sought to do when it promulgated Rule 4.

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.

Marriage of Turner v. Turner

785 N.E.2d 259 · Indiana Court of Appeals · Mar 17, 2003

On September 20, 2002, the special judge appeared and qualified. This appeal ensued. … Challengers must establish that the trial court's findings are clearly erroneous. Id. at 701 . Findings are clearly erroneous when a review of the record leaves us firmly convinced a mistake has been made. Id.

Billy Gene Luke v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 3, 2020

The test is not merely whether the evidentiary facts used to establish one of the essential elements of one offense may also have been used to establish one of the essential … Clearly, each offense could be recounted without reference to the other.

Bowman Ex Rel. Bowman v. McNary

853 N.E.2d 984 · Indiana Court of Appeals · Aug 31, 2006

of sporting activities “will avoid judicial review of the kind of risk-laden conduct that is inherent in sports and generally considered to be part of the game, while at the same time imposing liability for acts that are clearly … A mistake or error in judgment alone is insufficient to establish wanton or willful misconduct. Id.

Baker v. Baker

488 N.E.2d 361 · Indiana Court of Appeals · Jan 29, 1986

The trial court found the parties' pension programs did not qualify as property. Because there was no present right to withdraw the funds, the programs were not included in the calculation of marital assets. … The emancipation of a child is never presumed, but must be established by competent evidence. Brokaw, supra; Hayden v. Hite (1982), Ind.App., 437 N.E.2d 133 .

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.

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.

Murray v. State

798 N.E.2d 895 · Indiana Court of Appeals · Nov 19, 2003

Indeed, as to the amount of pseudoephedrine, possession of any amount would qualify as possession of a precursor. … This evidence is clearly sufficient to sustain the conviction for possession of precursors.