generally accepted rule (Indiana) · Go Syfert
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generally accepted rule in Indiana

26 Indiana opinions name it 2 courts 1888–2014 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
Faught v. Stategreen
indctapp · 1974 · cited in 2 Indiana opinions naming this issue, 1985–1990
2 sentences

1990It has been held, however, that a stipulation of facts will not be construed to admit facts which were obviously intended to be controverted." Lewis v. State (1985), Ind.App., 482 N.E.2d 487, 492 (quoting Fought v. State (1974), 162 Ind.App. 436, 441 , 319 N.E.2d 843, 847 (citations omitted)).

1990It has been held, however, that a stipulation of facts will not be construed to admit facts which were obviously intended to be controverted." Lewis v. State (1985), Ind.App., 482 N.E.2d 487, 492 (quoting Fought v. State (1974), 162 Ind.App. 436, 441 , 319 N.E.2d 843, 847 (citations omitted)).

12
N. Ind. Pub. Serv. Co. v. CITIZENS ACT. COAL. OF IND.green
ind · 1989 · cited in 1 Indiana opinions naming this issue, 2007–2007
1 sentence

2007“However, we have also held that in addition to the generally accepted principle that an administrative agency may not exercise power which is not granted to it by statute, ‘it is equally well settled that an administrative agency has such implicit power and authority as is inherent in its broad grant of power from the legislature to regulate [that] which is necessary to effectuate the regulatory scheme outlined by the statute.’” Id. (quoting NIPSCO v. Citizens Action Coalition of Indiana, Inc., 548 N.E.2d 153, 158 (Ind.1989)).

11
Johnson County Plan Commission v. Tinklegreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2003–2003
1 sentence

2003See Tinkle, 748 N.E.2d at 420 .

11
SOUTH END IMP. GROUP, INC. EX REL. BANK OF NY v. Mullikengreen
fladistctapp · 1992 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002See, e.g., South End Improvement Group, Inc. v. Mulliken, 602 So.2d 1327 (Fla.Dist.Ct.App.1992).

11
Stump v. Commercial Uniongreen
ind · 1992 · cited in 1 Indiana opinions naming this issue, 2001–2001
2 sentences

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. [9] See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind. 1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particul

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. 9 See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind.1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particularl

11
Trotter v. Nelsongreen
ind · 1997 · cited in 1 Indiana opinions naming this issue, 2001–2001
2 sentences

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. [9] See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind. 1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particul

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. 9 See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind.1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particularl

11
Creasy v. Ruskgreen
ind · 2000 · cited in 1 Indiana opinions naming this issue, 2001–2001
2 sentences

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. [9] See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind. 1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particul

2001In discerning public policy, we look to federal and state constitutions, the legislature, and the judiciary. 9 See Trotter v. Nelson, 684 N.E.2d 1150, 1152-53 (Ind.1997); Creasy v. Rusk, 730 N.E.2d 659, 664 (Ind.2000) ("To assist in deciding whether Indiana should adopt the generally accepted rule, we turn to an examination of contemporary public policy in Indiana as embodied in enactments of our state legislature."); see also Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992) (stating "public policy considerations further augment the relationship and foreseeability factors, particularl

11
Shornick, Rec. v. Butlergreen
ind · 1933 · cited in 1 Indiana opinions naming this issue, 2000–2000
2 sentences

2000See Schornick, v. Butler, 205 Ind. 304, 304 , 185 N.E. 111, 112 (1933) (stating that the public policy of Indiana is derived from, inter alia, statutory enactments), reh’g denied.

2000See Schornick, v. Butler, 205 Ind. 304, 304 , 185 N.E. 111, 112 (1933) (stating that the public policy of Indiana is derived from, inter alia, statutory enactments), reh’g denied.

11
Indiana Utility Regulatory Commission v. Gary Joint Venturegreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996However, we have also held that in addition to the generally accepted principle that an administrative agency may not exercise power which is not granted to it by statute, "it is equally well settled that an administrative agency has such implicit power and authority as is inherent in its broad grant of power from the legislature to regulate [that] which is necessary to effectuate the regulatory scheme outlined by the statute." NIPSCO v. Citizens Action Coalition, 548 N.E.2d 1583 , 158 (Ind.1989); see also Indiana Util Regulatory Comm'n v. Gary Joint Venture, 609 N.E.2d 7, 10 (Ind.Ct.App.1998)

11
Austin Lakes Joint Venture v. Avon Utilities, Inc.green
ind · 1995 · cited in 1 Indiana opinions naming this issue, 1996–1996
1 sentence

1996However, we have also held that in addition to the generally accepted principle that an administrative agency may not exercise power which is not granted to it by statute, "it is equally well settled that an administrative agency has such implicit power and authority as is inherent in its broad grant of power from the legislature to regulate [that] which is necessary to effectuate the regulatory scheme outlined by the statute." NIPSCO v. Citizens Action Coalition, 548 N.E.2d 1583 , 158 (Ind.1989); see also Indiana Util Regulatory Comm'n v. Gary Joint Venture, 609 N.E.2d 7, 10 (Ind.Ct.App.1998)

11
Lewis v. Stategreen
indctapp · 1985 · cited in 1 Indiana opinions naming this issue, 1990–1990
1 sentence

1990It has been held, however, that a stipulation of facts will not be construed to admit facts which were obviously intended to be controverted." Lewis v. State (1985), Ind.App., 482 N.E.2d 487, 492 (quoting Fought v. State (1974), 162 Ind.App. 436, 441 , 319 N.E.2d 843, 847 (citations omitted)).

11
Coonan v. Stategreen
ind · 1978 · cited in 1 Indiana opinions naming this issue, 1985–1985
2 sentences

1985It has been held, however, that a stipulation of facts will not be construed to admit facts which were obviously intended to be controverted." Faught v. State (1974), 162 Ind.App. 436, 441 , 319 N.E.2d 843, 847 ; (citations omitted); see also Coonan v. State (1978), 269 Ind. 578 , 382 N.E.2d 157 , cert. denied, 440 U.S. 984 , 99 S.Ct. 1798 , 60 LEd.2d 246.

1985It has been held, however, that a stipulation of facts will not be construed to admit facts which were obviously intended to be controverted." Faught v. State (1974), 162 Ind.App. 436, 441 , 319 N.E.2d 843, 847 ; (citations omitted); see also Coonan v. State (1978), 269 Ind. 578 , 382 N.E.2d 157 , cert. denied, 440 U.S. 984 , 99 S.Ct. 1798 , 60 LEd.2d 246.

11
Givens v. Marylandgreen
scotus · 1979 · cited in 1 Indiana opinions naming this issue, 1985–1985
1 sentence

1985It has been held, however, that a stipulation of facts will not be construed to admit facts which were obviously intended to be controverted." Faught v. State (1974), 162 Ind.App. 436, 441 , 319 N.E.2d 843, 847 ; (citations omitted); see also Coonan v. State (1978), 269 Ind. 578 , 382 N.E.2d 157 , cert. denied, 440 U.S. 984 , 99 S.Ct. 1798 , 60 LEd.2d 246.

11
Cudjo v. Oklahomagreen
scotus · 1979 · cited in 1 Indiana opinions naming this issue, 1985–1985
1 sentence

1985It has been held, however, that a stipulation of facts will not be construed to admit facts which were obviously intended to be controverted." Faught v. State (1974), 162 Ind.App. 436, 441 , 319 N.E.2d 843, 847 ; (citations omitted); see also Coonan v. State (1978), 269 Ind. 578 , 382 N.E.2d 157 , cert. denied, 440 U.S. 984 , 99 S.Ct. 1798 , 60 LEd.2d 246.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (21)

CaseCitedYears
Lowery v. State Life Insurance green
ind · 1899
2 sentences

1970Co., 1899, 153 Ind. 100, 102 , 54 N. E. 442 .” We must conclude from the facts as they appear in the record and the argument and citation presented by appellant that the Madison Circuit Court was totally lacking in jurisdiction of either the person or the .cause in the pending case and that the judgment of conviction obtained therein is a nullity.

1970Co., 1899, 153 Ind. 100, 102 , 54 N. E. 442 .” We must conclude from the facts as they appear in the record and the argument and citation presented by appellant that the Madison Circuit Court was totally lacking in jurisdiction of either the person or the .cause in the pending case and that the judgment of conviction obtained therein is a nullity.

31954–1970
Davis v. Lennen neutral
ind · 1890
2 sentences

1968Jur. 80 , Quieting Title §95, note 6; Davis v. Lennen (1890), 125 Ind. 185, 188 , 24 N. E. 885 , supra. “To the generally accepted rule there exists an exception born of the justice and necessity of settling the rights of parties in being and the adjudication of property titles with dispatch.

1968Jur. 80 , Quieting Title §95, note 6; Davis v. Lennen (1890), 125 Ind. 185, 188 , 24 N. E. 885 , supra. “To the generally accepted rule there exists an exception born of the justice and necessity of settling the rights of parties in being and the adjudication of property titles with dispatch.

21954–1968
Malley v. Briggs green
scotus · 1986
1 sentence

2014In particular, at common law, “the generally accepted rule was that one who procured the issuance of an arrest warrant by submitting a complaint could be held liable if the complaint was made maliciously and without probable cause.” Id. at 340-41, 106 S.Ct. 1092 .

12014–2014
Knox County Rural Electric Membership Corp. v. PSI Energy, Inc. green
indctapp · 1996
1 sentence

2007“However, we have also held that in addition to the generally accepted principle that an administrative agency may not exercise power which is not granted to it by statute, ‘it is equally well settled that an administrative agency has such implicit power and authority as is inherent in its broad grant of power from the legislature to regulate [that] which is necessary to effectuate the regulatory scheme outlined by the statute.’” Id. (quoting NIPSCO v. Citizens Action Coalition of Indiana, Inc., 548 N.E.2d 153, 158 (Ind.1989)).

12007–2007
City of Gary v. Pontarelli neutral
ind · 1937
2 sentences

1997City of Gary v. Pontarelli, 212 Ind. 319 , 9 N.E.2d 86 (1937).

1997City of Gary v. Pontarelli, 212 Ind. 319 , 9 N.E.2d 86 (1937).

11997–1997
RL v. State green
indctapp · 1982
1 sentence

1992R.L. v. State (1982), Ind.App., 437 N.E.2d 482, 485 .

11992–1992
Joseph K. Majko v. United States green
ca7 · 1972
1 sentence

1982E.g., Majko v. United States, (7th Cir. 1972) 457 F.2d 790 (failure to comply with Fed.R.Crim.P. 11, the federal counterpart to IC 35-4.1-1-3, is fundamental error.) In view of our disposition on this issue, we need not address the other grounds asserted in Brown’s petition.

11982–1982
Lynch v. State neutral
indctapp · 1975
2 sentences

1980Robinson v. State (1973), 260 Ind. 517 , 297 N.E.2d 409 ; Lynch v. State (1975), 163 Ind. App. 360 , 323 N.E.2d 661 ; Sankey v. State (1973), 157 Ind.App. 627 , 301 N.E.2d 235 . .

1980Robinson v. State (1973), 260 Ind. 517 , 297 N.E.2d 409 ; Lynch v. State (1975), 163 Ind. App. 360 , 323 N.E.2d 661 ; Sankey v. State (1973), 157 Ind.App. 627 , 301 N.E.2d 235 . .

11980–1980
Robinson v. State green
ind · 1973
2 sentences

1980Robinson v. State (1973), 260 Ind. 517 , 297 N.E.2d 409 ; Lynch v. State (1975), 163 Ind. App. 360 , 323 N.E.2d 661 ; Sankey v. State (1973), 157 Ind.App. 627 , 301 N.E.2d 235 . .

1980Robinson v. State (1973), 260 Ind. 517 , 297 N.E.2d 409 ; Lynch v. State (1975), 163 Ind. App. 360 , 323 N.E.2d 661 ; Sankey v. State (1973), 157 Ind.App. 627 , 301 N.E.2d 235 . .

11980–1980
Sankey v. State green
indctapp · 1973
2 sentences

1980Robinson v. State (1973), 260 Ind. 517 , 297 N.E.2d 409 ; Lynch v. State (1975), 163 Ind. App. 360 , 323 N.E.2d 661 ; Sankey v. State (1973), 157 Ind.App. 627 , 301 N.E.2d 235 . .

1980Robinson v. State (1973), 260 Ind. 517 , 297 N.E.2d 409 ; Lynch v. State (1975), 163 Ind. App. 360 , 323 N.E.2d 661 ; Sankey v. State (1973), 157 Ind.App. 627 , 301 N.E.2d 235 . .

11980–1980
BRUGGNER v. Shaffer green
indctapp · 1965
2 sentences

1974Bruggner et al. v. Shaffer (1965), 138 Ind. App. 183 , 210 N.E.2d 439 ; Tahash., Supt., etc. v. Clements (1955), 234 Ind. 197 , 125 N.E.2d 439 ; Bd. of Trustees, etc. et al. v. State ex rel.

1974Bruggner et al. v. Shaffer (1965), 138 Ind. App. 183 , 210 N.E.2d 439 ; Tahash., Supt., etc. v. Clements (1955), 234 Ind. 197 , 125 N.E.2d 439 ; Bd. of Trustees, etc. et al. v. State ex rel.

11974–1974
Tahash v. Clements neutral
ind · 1955
2 sentences

1974Bruggner et al. v. Shaffer (1965), 138 Ind. App. 183 , 210 N.E.2d 439 ; Tahash., Supt., etc. v. Clements (1955), 234 Ind. 197 , 125 N.E.2d 439 ; Bd. of Trustees, etc. et al. v. State ex rel.

1974Bruggner et al. v. Shaffer (1965), 138 Ind. App. 183 , 210 N.E.2d 439 ; Tahash., Supt., etc. v. Clements (1955), 234 Ind. 197 , 125 N.E.2d 439 ; Bd. of Trustees, etc. et al. v. State ex rel.

11974–1974
Pokraka v. Lummus Co. green
ind · 1952
1 sentence

1972The generally accepted standard for such a specification is found in Pokraka v. Lummus Co. (1952), 230 Ind. 530, 532 , 104 N. E. 2d 669 , where the Supreme Court stated: *476 “It is only where the evidence is without conflict and can lead to only one conclusion, and the trial court has reached an opposite conclusion, that the decision of the trial court will be set aside on the ground that it is contrary to law.” Appellants, however, in their brief, are not arguing that the decision of the trial court is contrary to law as not being supported by the unconflicting evidence, rather, they are att

11972–1972
GILKISON v. Darlington green
indctapp · 1952
2 sentences

1972Appellant argues that there was prima facie error committed when the trial court adopted as binding upon the parties and the court, certain findings of fact of the Porter Circuit Court in Gilkison, et al. v. Darlington (1952), 123 Ind. App. 28 , 106 N. E. 2d 473 .

1972Appellant argues that there was prima facie error committed when the trial court adopted as binding upon the parties and the court, certain findings of fact of the Porter Circuit Court in Gilkison, et al. v. Darlington (1952), 123 Ind. App. 28 , 106 N. E. 2d 473 .

11972–1972
State ex rel. Blake v. Madison Circuit Court green
ind · 1963
2 sentences

1964Dist. (1963), 244 Ind. 612 , 193 N. E. 2d 251 , 195 N. E. 2d 354 .

1964Dist. (1963), 244 Ind. 612 , 193 N. E. 2d 251 , 195 N. E. 2d 354 .

11964–1964
Stone v. Stone green
ind · 1902
2 sentences

1949“The court granting the divorce must be deemed to have full and continuing jurisdiction, during the minority of such children, to make from time to time such orders and modifications thereof, with respect to their care, custody, and control, as are deemed expedient; the interests of society and welfare of the children, in all ■ such in *545 quiries, being the paramount and controlling consideration.” Stone v. Stone (1902), 158 Ind. 628 , 64 N. E. 86 .

1949“The court granting the divorce must be deemed to have full and continuing jurisdiction, during the minority of such children, to make from time to time such orders and modifications thereof, with respect to their care, custody, and control, as are deemed expedient; the interests of society and welfare of the children, in all ■ such in *545 quiries, being the paramount and controlling consideration.” Stone v. Stone (1902), 158 Ind. 628 , 64 N. E. 86 .

11949–1949
Stockley v. School District No. 1 of Portage Township. green
mich · 1925
11937–1937
Bigbee Fertilizer Co. v. Scott green
alactapp · 1911
11936–1936
United States v. Borkowski green
ohsd · 1920
11927–1927
Barton v. Anderson green
ind · 1886
11888–1888
McFadden v. Ross green
ind · 1886
11888–1888

Where else courts name it

CA 142 (1909–2026) NY 113 (1889–2022) TX 88 (1907–2025) IL 83 (1897–2026) FL 83 (1905–2026) MO 77 (1882–2024) MD 68 (1915–2021) AL 59 (1896–2009) OH 58 (1905–2026) NJ 54 (1934–2026) LA 53 (1904–2018) MI 50 (1904–2025) NC 49 (1906–2024) KY 45 (1907–2018) CT 38 (1910–2019) OK 36 (1916–2017) PA 34 (1891–2024) CO 33 (1913–2025) VA 32 (1907–2009) OR 32 (1897–2018) TN 31 (1895–2024) WA 31 (1897–2016) WI 30 (1898–2026) KS 28 (1871–2022) IN 26 (1888–2014) AZ 26 (1903–2024) NE 25 (1899–2026) MA 24 (1891–2025) MS 24 (1954–2014) IA 22 (1932–2026) WY 22 (1903–2026) AR 22 (1900–2026) HI 20 (1920–2020) ID 19 (1934–2023) GA 17 (1897–2015) MN 17 (1890–2013) VT 17 (1905–2024) WV 16 (1909–2009) NM 16 (1925–2021) ME 15 (1927–2017) RI 15 (1904–2021) SD 14 (1916–2017) MT 14 (1914–2017) DC 14 (1952–2016) ND 11 (1914–1985) UT 11 (1880–2020) NV 10 (1919–2020) SC 9 (1895–2022) DE 9 (1960–1996) AK 7 (1970–2000) PR 6 (1937–1969) VI 5 (1982–2025) NH 3 (1975–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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