obvious error (Indiana) · Go Syfert
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obvious error in Indiana

12 Indiana opinions name it 2 courts 1842–2017 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 (5)

CaseFollowedCited
Larry C. Perry, Jr. v. State of Indianagreen
indctapp · 2017 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017See Perry, 78 N.E.3d at 8 . 5 We note that, in a footnote in her reply brief, Wife states that “the reason for [Wife’s] testimony on that issue was to afford the Trial Court the opportunity to correct the obvious error.” Reply Br. at 15 n.6.

11
Rice v. Strunkgreen
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2009–2009
1 sentence

2009(Appellant’s Br. 20-21, quoting Rice v. Strunk, 632 N.E.2d 1151, 1153 (Ind.Ct.App.1994), affd, 670 N.E.2d 1280 (Ind.1996). also citing King v. Terry, 805 N.E.2d 397 (Ind.Ct.App.2004).) For instance, Cooper cites both Shideler v. Dwyer and Rice, in which the plaintiffs had malpractice claims but crafted their complaints in a way to describe claims carrying a longer statute of limitation than the more obvious claim of malpractice.

11
Nehring v. Raikosgreen
indctapp · 1980 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999See also Horsley, 448 N.E.2d at 43 ; Nehring v. Raikos, 413 N.E.2d 328, 330 (Ind.Ct.App.1980); Protective Ins.

11
Pinkston v. Livingstongreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999In Pinkston v. Livingston, 554 N.E.2d 1173, 1176 (Ind.Ct.App.1990), we found “an obvious error” when a default judgment was entered by a trial court on the same day the defendant failed to appear when no notice of an application for *1278 default was sent.

11
Horsley v. Lewisgreen
indctapp · 1983 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999See also Horsley, 448 N.E.2d at 43 ; Nehring v. Raikos, 413 N.E.2d 328, 330 (Ind.Ct.App.1980); Protective Ins.

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 (9)

CaseCitedYears
Hampton v. Douglass green
indctapp · 1983
2 sentences

1991In addition, in Hampton v. Douglass (1983), Ind. App., 457 N.E.2d 618 , we held that when the defendant has filed a responsive pleading, a default judgment is improper, even if the defendant fails to appear for trial.

1991In addition, in Hompton v. Douglass (1983), Ind.App., 457 N.E.2d 618 , we held that when the defendant has filed a responsive pleading, a default judgment is improper, even if the defendant fails to appear for trial.

21990–1991
In Re the Marriage of Osborne green
indctapp · 1977
2 sentences

1982In re Marriage of Osborne, (1977) Ind.App., 369 N.E.2d 653 , tr. denied.

1980In re Marriage of Osborne, (1977) Ind.App., 369 N.E.2d 653 , tr. denied.

21980–1982
King v. Terry green
indctapp · 2004
1 sentence

2009(Appellant’s Br. 20-21, quoting Rice v. Strunk, 632 N.E.2d 1151, 1153 (Ind.Ct.App.1994), affd, 670 N.E.2d 1280 (Ind.1996). also citing King v. Terry, 805 N.E.2d 397 (Ind.Ct.App.2004).) For instance, Cooper cites both Shideler v. Dwyer and Rice, in which the plaintiffs had malpractice claims but crafted their complaints in a way to describe claims carrying a longer statute of limitation than the more obvious claim of malpractice.

12009–2009
Rice v. Strunk green
ind · 1996
1 sentence

2009(Appellant’s Br. 20-21, quoting Rice v. Strunk, 632 N.E.2d 1151, 1153 (Ind.Ct.App.1994), affd, 670 N.E.2d 1280 (Ind.1996). also citing King v. Terry, 805 N.E.2d 397 (Ind.Ct.App.2004).) For instance, Cooper cites both Shideler v. Dwyer and Rice, in which the plaintiffs had malpractice claims but crafted their complaints in a way to describe claims carrying a longer statute of limitation than the more obvious claim of malpractice.

12009–2009
People v. Gaglione green
calctapp · 1994
2 sentences

1997It appears from the professional literature, however, that other factors bearing on eyewitness identification may be known only to some jurors, or may be imperfectly understood by many, or may be contrary to the intuitive beliefs of most.'" 32 Cal. Rptr.2d at 174 .

1997It appears from the professional literature, however, that other factors bearing on eyewitness identification may be known only to some jurors, or may be imperfectly understood by many, or may be contrary to the intuitive beliefs of most.’” 32 Cal.Rptr.2d at 174 .

11997–1997
School City of East Chicago v. East Chicago Federation of Teachers, Local Number 511 neutral
indctapp · 1993
2 sentences

1993The Court of Appeals opinion reported at 607 N.E.2d 400 clearly and correctly sets out the mathematical calculation which shows an obvious error in the arbiter’s figures.

1993The Court of Appeals opinion reported at 607 N.E.2d 400 clearly and correctly sets out the mathematical calculation which shows an obvious error in the arbiter's figures.

11993–1993
Smith v. State neutral
indctapp · 1974
2 sentences

1979Smith v. State (1974) 160 Ind.App. 622 , 312 N.E.2d 896 .

1979Smith v. State (1974) 160 Ind.App. 622 , 312 N.E.2d 896 .

11979–1979
Fetter v. Powers neutral
indctapp · 1948
2 sentences

1965Wilson, Admx. v. Rollings, supra. It is an obvious rule of evidence that: “If a fact in issue is established by competent and relevant evidence, it matters not which party introduces the evidence or for what other purpose the evidence was offered.” Fetter v. Powers (1948), 118 Ind. App. 367, 381 , 78 N. E. 2d 555 . (citing cases) In the instant case, plaintiff-appellant proved the defendant’s case in that the former showed by parol and written evidence (especially by the contract), that the defendant was entitled to an award of damages for the brick which were recovered by appellant before the

1965Wilson, Admx. v. Rollings, supra. It is an obvious rule of evidence that: “If a fact in issue is established by competent and relevant evidence, it matters not which party introduces the evidence or for what other purpose the evidence was offered.” Fetter v. Powers (1948), 118 Ind. App. 367, 381 , 78 N. E. 2d 555 . (citing cases) In the instant case, plaintiff-appellant proved the defendant’s case in that the former showed by parol and written evidence (especially by the contract), that the defendant was entitled to an award of damages for the brick which were recovered by appellant before the

11965–1965
Muchmore v. Bates neutral
ind · 1823
1 sentence

1842This obvious principle is adverted to and recognized in the case of Muchmore v. Bates, 1 Blackf., 248 .

11842–1842

Where else courts name it

OH 593 (1987–2026) ME 241 (1966–2026) ND 206 (1974–2026) CA 95 (1896–2026) MI 54 (1871–2026) UT 53 (1993–2026) TX 52 (1912–2025) WA 50 (1918–2026) GA 40 (1850–2024) PA 40 (1908–2025) IL 39 (1907–2025) NY 39 (1838–2024) CT 33 (1951–2025) MD 31 (1906–2026) AL 29 (1847–2026) MA 26 (1928–2025) MO 24 (1886–2022) OK 22 (1915–2024) FL 20 (1961–2014) CO 19 (1978–2026) NC 16 (1862–2021) NJ 15 (1884–2022) MS 14 (1844–2026) LA 14 (1871–2014) DC 14 (1957–2017) IN 12 (1842–2017) IA 11 (1880–2023) OR 11 (1904–2026) NM 11 (1914–2023) NE 11 (1902–2016) TN 9 (1829–2026) KY 9 (1959–2026) WY 7 (1983–2020) AR 7 (1910–2017) KS 7 (1891–2001) AK 7 (1982–2025) VT 6 (1988–2026) WI 5 (1971–2023) HI 5 (1951–2019) VA 5 (1884–2014) NH 4 (1847–1995) WV 4 (1947–1995) MN 4 (1964–2010) RI 4 (1902–2019) DE 3 (1972–2025) AZ 3 (1900–2006) NV 3 (1929–2000) MT 2 (1886–2015) SD 2 (1990–2003)

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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