opposite doctrine in Indiana

1881In the recent case of Moore v. The City of Burlington, 49 Iowa, 136 , the court adopted in effect, although not expressly, the rule declared in the New Hampshire case.

1881In the recent case of Moore v. City of Burlington, 49 Iowa, 136 , the court adopted in effect, although not expressly, the rule declared in the New Hampshire case.

2019Notably, in its analysis, the Court of Appeals pointed out that Chapter 36-1-20 does not contain a severability clause and relied on this Court's decision in Benton Community in stating that "[t]he inclusion of a severability clause creates a presumption that the remainder of the Act may continue in effect" but that "[t]he absence of a severability clause creates the opposite presumption: the Legislature intends the Act to be effective as an entirety or not at all." City of Hammond , 95 N.E.3d at 143 (quoting Ind. Educ.

2018Basic v. Amouri, 58 N.E.3d 980 , 983–84 (Ind. Ct. App. 2016) (citations omitted), reh’g denied.

2001Id., but see id. at 82 n. 3, 90, 120 S.Ct. 2054 (Stevens, J., dissenting).

2001Id., but see id. at 82 n. 3, 90, 120 S.Ct. 2054 (Stevens, J., dissenting).

1990Cochran, supra, 175 Ind.App. at 553 , 372 N.E.2d at 1217 .

1990Cochran, supra, 175 Ind.App. at 553 , 372 N.E.2d at 1217 .

1977In the absence of a severability clause, “the burden is upon the supporter of the legislation to show the separability of the provisions involved.” Carter v. Carter Coal Co., (1935) 298 U.S. 238, 312 , 80 L.

1977In the absence of a severability clause, “the burden is upon the supporter of the legislation to show the separability of the provisions involved.” Carter v. Carter Coal Co., (1935) 298 U.S. 238, 312 , 80 L.

1951Simons v. Bollinger (1900), 154 Ind. 83, 96 , 56 N. E. 23 .

1951Simons v. Bollinger (1900), 154 Ind. 83, 96 , 56 N. E. 23 .

1920Coppenhaver v. State (1903), 160 Ind. 540, 551 , 67 N. E. 453 . 5.

1920Coppenhaver v. State (1903), 160 Ind. 540, 551 , 67 N. E. 453 . 5.

1896The principal case supposed to have committed this court to the opposite doctrine is the Pennsylvania Go. v. Sinclair, 62 Ind. 301 , 30 Am.

1896The principal case supposed to have committed this court to the opposite doctrine is the Pennsylvania Go. v. Sinclair, 62 Ind. 301 , 30 Am.

1894Whatever there may be in the case of McGirr v. Sell, 60 Ind. 249 , asserting an opposite doctrine, is in our judgment contrary to the principles of the law and to the later authorities, both within and without our State.

1893Co. v. Harrington, supra. None of the cases to which we have been .cited by counsel support the proposition that it is negligence per se to board a moving street car, while the opposite doctrine is asserted by numerous authorities.

1892In Giberson v. Jolley, 120 Ind. 301 , cited in the original opinion, the authorities are fully reviewed, and, after a very full and elaborate discussion by Elliott, C.

1885R. 788), see auth. cited, p. 284; Swails v. Swails, 98 Ind. 511 , see p. 512; Krug v. Davis, 87 Ind. 590 , see auth. cited p. 596; Bell v. Davis, 75 Ind. 314 .

1885R. 788), see auth. cited, p. 284; Swails v. Swails, 98 Ind. 511 , see p. 512; Krug v. Davis, 87 Ind. 590 , see auth. cited p. 596; Bell v. Davis, 75 Ind. 314 .

1885R. 788), see auth. cited, p. 284; Swails v. Swails, 98 Ind. 511 , see p. 512; Krug v. Davis, 87 Ind. 590 , see auth. cited p. 596; Bell v. Davis, 75 Ind. 314 .

1885Ve have a great number of cases in our own reports illustrating and enforcing rules of construction exactly the opposite of the doctrine which counsel tacitly assume to be the correct one, among them the following: Humphries v. Davis, 100 Ind. 274 (50 Am.

1881The cases of Aldrich v. Pelham, 1 Gray, 510 ; Kidder v. Dunstable, 11 Gray, 342 ; Blair v. Pelham, 118 Mass. 420 , assert substantially the same doctrine as Collins v. Dorchester, supra. In Darling v. Westmoreland, 52 N. H. 401, the doctrine of Collins v. Dorchester is vigorously assailed in an unusually able and elaborate opinion, and the opposite doctrine declared to be correct, both upon reason and authority.

1879As to the sixth cause for a new trial, viz., permitting Clark to testify, see Cravens v. Kitts, 64 Ind. 581 .

1875If we adhere to the’ ruling in Falkner v. Colshear, supra, we would have to overrule the seven cases above cited' holding the opposite doctrine.

1875We have concluded that we had better overrule the case of Falkner v. Colshear, supra, so far as it holds that there can be no lien unless the notice of intention is recorded.

1874Cole v. Goodwin, 19 Wend. 251 ; Gould v. Hill, 2 Hill N. Y. 623; Dorr w.

1872We refer to the following cases that maintain the rule of decision adopted in this State: Welsh v. Foster, 12 Mass. 93 ; Gale v. Coburn, 18 Pick. 397 ; Brewer v. Hardy, 22 Pick. 376 ; Townsend v. Ward, 27 Conn. 610 ; Thompson v. Thompson, 13 Ohio St. 356 ; Schermerhorn v. Vanderheyden, 1 Johns. 139 ; Maigley v. Hauer, 7 Johns. 341 ; M'Crea v. Purmort, 16 Wend. 460 ; Bingham v. Weiderwax, 1 Comst. 509; Murray v. Smith, 1 Duer, 412 ; Watts v. Welman, 2 N. H. 458.

1872We refer to the following cases that maintain the rule of decision adopted in this State: Welsh v. Foster, 12 Mass. 93 ; Gale v. Coburn, 18 Pick. 397 ; Brewer v. Hardy, 22 Pick. 376 ; Townsend v. Ward, 27 Conn. 610 ; Thompson v. Thompson, 13 Ohio St. 356 ; Schermerhorn v. Vanderheyden, 1 Johns. 139 ; Maigley v. Hauer, 7 Johns. 341 ; M'Crea v. Purmort, 16 Wend. 460 ; Bingham v. Weiderwax, 1 Comst. 509; Murray v. Smith, 1 Duer, 412 ; Watts v. Welman, 2 N. H. 458.

1872We refer to the following cases that maintain the rule of decision adopted in this State: Welsh v. Foster, 12 Mass. 93 ; Gale v. Coburn, 18 Pick. 397 ; Brewer v. Hardy, 22 Pick. 376 ; Townsend v. Ward, 27 Conn. 610 ; Thompson v. Thompson, 13 Ohio St. 356 ; Schermerhorn v. Vanderheyden, 1 Johns. 139 ; Maigley v. Hauer, 7 Johns. 341 ; M'Crea v. Purmort, 16 Wend. 460 ; Bingham v. Weiderwax, 1 Comst. 509; Murray v. Smith, 1 Duer, 412 ; Watts v. Welman, 2 N. H. 458.

1872We refer to the following cases that maintain the rule of decision adopted in this State: Welsh v. Foster, 12 Mass. 93 ; Gale v. Coburn, 18 Pick. 397 ; Brewer v. Hardy, 22 Pick. 376 ; Townsend v. Ward, 27 Conn. 610 ; Thompson v. Thompson, 13 Ohio St. 356 ; Schermerhorn v. Vanderheyden, 1 Johns. 139 ; Maigley v. Hauer, 7 Johns. 341 ; M'Crea v. Purmort, 16 Wend. 460 ; Bingham v. Weiderwax, 1 Comst. 509; Murray v. Smith, 1 Duer, 412 ; Watts v. Welman, 2 N. H. 458.

1872We refer to the following cases that maintain the rule of decision adopted in this State: Welsh v. Foster, 12 Mass. 93 ; Gale v. Coburn, 18 Pick. 397 ; Brewer v. Hardy, 22 Pick. 376 ; Townsend v. Ward, 27 Conn. 610 ; Thompson v. Thompson, 13 Ohio St. 356 ; Schermerhorn v. Vanderheyden, 1 Johns. 139 ; Maigley v. Hauer, 7 Johns. 341 ; M'Crea v. Purmort, 16 Wend. 460 ; Bingham v. Weiderwax, 1 Comst. 509; Murray v. Smith, 1 Duer, 412 ; Watts v. Welman, 2 N. H. 458.

1872We refer to the following cases that maintain the rule of decision adopted in this State: Welsh v. Foster, 12 Mass. 93 ; Gale v. Coburn, 18 Pick. 397 ; Brewer v. Hardy, 22 Pick. 376 ; Townsend v. Ward, 27 Conn. 610 ; Thompson v. Thompson, 13 Ohio St. 356 ; Schermerhorn v. Vanderheyden, 1 Johns. 139 ; Maigley v. Hauer, 7 Johns. 341 ; M'Crea v. Purmort, 16 Wend. 460 ; Bingham v. Weiderwax, 1 Comst. 509; Murray v. Smith, 1 Duer, 412 ; Watts v. Welman, 2 N. H. 458.

1872The opposite principle was enunciated in the cases of Kirk v. The Fort Wayne Gaslight Co., 13 Ind. 56 , and Merritt v. Wells, 18 Ind. 171 .

1872The opposite principle was enunciated in the cases of Kirk v. The Fort Wayne Gaslight Co., 13 Ind. 56 , and Merritt v. Wells, 18 Ind. 171 .

1872In Johnson v. Britton, 23 Ind. 105 , the two cases last cited were reviewed and adhered to.

1872We refer to the following cases that maintain the rule of decision adopted in this State: Welsh v. Foster, 12 Mass. 93 ; Gale v. Coburn, 18 Pick. 397 ; Brewer v. Hardy, 22 Pick. 376 ; Townsend v. Ward, 27 Conn. 610 ; Thompson v. Thompson, 13 Ohio St. 356 ; Schermerhorn v. Vanderheyden, 1 Johns. 139 ; Maigley v. Hauer, 7 Johns. 341 ; M'Crea v. Purmort, 16 Wend. 460 ; Bingham v. Weiderwax, 1 Comst. 509; Murray v. Smith, 1 Duer, 412 ; Watts v. Welman, 2 N. H. 458.