enjoyment privilege (Indiana) · Go Syfert
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enjoyment privilege in Indiana

10 Indiana opinions name it 3 courts 1904–2008 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 (2)

CaseFollowedCited
BOARD OF MEDICAL REGISTRATION, ETC. v. Turnergreen
ind · 1960 · cited in 5 Indiana opinions naming this issue, 1977–2008
2 sentences

2008See also State Election Bd. v. Bayh, 521 N.E.2d 1313, 1317 (Ind.1988) (Construing the state Constitutional requirement that a gubernatorial candidate be a “resident of the State,” the Court repeated that “for purposes of ‘the enjoyment of a privilege, or the exercise of a franchise, ... domicile and residence are deemed to be equivalent or synonymous, i.e. that the word residence is deemed to mean domicile.’ ”) (quoting Turner, 168 N.E.2d at 196 ); Matter of Evrard, 263 Ind. 435 , 333 N.E .2d 765, 768 (1975) (In regard to voting residence, “[t]he law requires that the person definitely intend

2000Registration & Examination v. Turner, 241 Ind. 73, 79 , 168 N.E.2d 193, 196 (1960) (“It is the general rule in construing a statute which prescribes residence as a qualification for the enjoyment of a privilege ... that domicile and residence are deemed to be equivalent or synonymous, i.e., that the word residence is deemed to mean domicile.”).

45
State Election Board v. Bayhgreen
ind · 1988 · cited in 1 Indiana opinions naming this issue, 2008–2008
2 sentences

2008See also State Election Bd. v. Bayh, 521 N.E.2d 1313, 1317 (Ind.1988) (Construing the state Constitutional requirement that a gubernatorial candidate be a “resident of the State,” the Court repeated that “for purposes of ‘the enjoyment of a privilege, or the exercise of a franchise, ... domicile and residence are deemed to be equivalent or synonymous, i.e. that the word residence is deemed to mean domicile.’ ”) (quoting Turner, 168 N.E.2d at 196 ); Matter of Evrard, 263 Ind. 435 , 333 N.E .2d 765, 768 (1975) (In regard to voting residence, “[t]he law requires that the person definitely intend

2008Bayh, 521 N.E.2d at 1317 ; Turner, 168 N.E.2d at 196 .

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 (7)

CaseCitedYears
Lutz, Atty.-Gen. v. Arnold, Atty. Tr. green
ind · 1935
2 sentences

2004Indeed, "(ain excise tax [is] . imposed upon the performance of an act, the engaging in an occupation, or the enjoyment of a privilege, and that every form of tax not imposed directly upon property must constitute an excise if it is a valid tax of any description." Id. at $48-44 (citation omitted).

1995The holding in Lutz hinged on the distinguishing characteristic of an excise tax, Le., that it is "a tax imposed upon the performance of an act, the engaging in an occupation, or the enjoyment of a privilege. ..." Lutz, 208 Ind. at 489 , 193 N.E. at 844 (emphasis added).

21995–2004
Matter of Evrard green
ind · 1975
1 sentence

2008See also State Election Bd. v. Bayh, 521 N.E.2d 1313, 1317 (Ind.1988) (Construing the state Constitutional requirement that a gubernatorial candidate be a “resident of the State,” the Court repeated that “for purposes of ‘the enjoyment of a privilege, or the exercise of a franchise, ... domicile and residence are deemed to be equivalent or synonymous, i.e. that the word residence is deemed to mean domicile.’ ”) (quoting Turner, 168 N.E.2d at 196 ); Matter of Evrard, 263 Ind. 435 , 333 N.E .2d 765, 768 (1975) (In regard to voting residence, “[t]he law requires that the person definitely intend

12008–2008
Bryant v. State green
ind · 1996
2 sentences

2002Finally, Bryant noted that an excise tax is imposed upon the performance of an act or the enjoyment of a privilege, but the CSET is imposed only after a taxpayer's drugs have been confiscated, and the taxpayer neither enjoys a privilege nor performs an act at the time of taxation. 660 N.E.2d at 297 .

2002Finally, Bryant noted that an excise tax is imposed upon the performance of an act or the enjoyment of a privilege, but the CSET is imposed only after a taxpayer's drugs have been confiscated, and the taxpayer neither enjoys a privilege nor performs an act at the time of taxation. 660 N.E.2d at 297 .

12002–2002
Tomasello Cocoa Bank & Trust Co. v. Nisbet green
fla · 1933
1 sentence

1960It is the general rule in construing a statute which prescribes residence as a qualification for the enjoyment of a privilege, or the exercise of a franchise, that domicile and residence are deemed to be equivalent or synonymous, i.e., that the word residence is deemed to mean domicile. 28 C.J.S., "Domicile," *80 § 2(b), pp. 5 and 7, notes 14 and 26; 19 C.J., "Domicile," §§ 2 and 3, pp. 395-397; Evans v. Evans (1940), 141 Fla. 860 , 194 So. 215 ; Minick v. Minick (1933), 111 Fla. 469 , 149 So. 483 .

11960–1960
Evans v. Evans green
fla · 1940
2 sentences

1960It is the general rule in construing a statute which prescribes residence as a qualification for the enjoyment of a privilege, or the exercise of a franchise, that domicile and residence are deemed to be equivalent or synonymous, i.e., that the word residence is deemed to mean domicile. 28 C.J.S., "Domicile," *80 § 2(b), pp. 5 and 7, notes 14 and 26; 19 C.J., "Domicile," §§ 2 and 3, pp. 395-397; Evans v. Evans (1940), 141 Fla. 860 , 194 So. 215 ; Minick v. Minick (1933), 111 Fla. 469 , 149 So. 483 .

1960It is the general rule in construing a statute which prescribes residence as a qualification for the enjoyment of a privilege, or the exercise of a franchise, that domicile and residence are deemed to be equivalent or synonymous, i.e., that the word residence is deemed to mean domicile. 28 C.J.S., "Domicile," *80 § 2(b), pp. 5 and 7, notes 14 and 26; 19 C.J., "Domicile," §§ 2 and 3, pp. 395-397; Evans v. Evans (1940), 141 Fla. 860 , 194 So. 215 ; Minick v. Minick (1933), 111 Fla. 469 , 149 So. 483 .

11960–1960
Minick v. Minick green
fla · 1933
1 sentence

1960It is the general rule in construing a statute which prescribes residence as a qualification for the enjoyment of a privilege, or the exercise of a franchise, that domicile and residence are deemed to be equivalent or synonymous, i.e., that the word residence is deemed to mean domicile. 28 C.J.S., "Domicile," *80 § 2(b), pp. 5 and 7, notes 14 and 26; 19 C.J., "Domicile," §§ 2 and 3, pp. 395-397; Evans v. Evans (1940), 141 Fla. 860 , 194 So. 215 ; Minick v. Minick (1933), 111 Fla. 469 , 149 So. 483 .

11960–1960
Yick Wo v. Hopkins green
scotus · 1886
2 sentences

1904Every republican government is in duty bound to protect all its citizens in the enjoyment of this principle, if within its power.” It was said in Yick Wo. v. Hopkins (1885), 118 U. S. 356 , 6 Sup. Ct. 1064, 30 L.

1904Every republican government is in duty bound to protect all its citizens in the enjoyment of this principle, if within its power.” It was said in Yick Wo. v. Hopkins (1885), 118 U. S. 356 , 6 Sup. Ct. 1064, 30 L.

11904–1904

Where else courts name it

MD 14 (1925–2024) IN 10 (1904–2008) MI 10 (1921–2014) GA 8 (1910–2025) OH 8 (1904–2025) NY 6 (1857–1958) WA 6 (1976–2015) NM 5 (1938–2015) MA 4 (1932–1995) CO 4 (1983–1998) PA 4 (1936–1977) KS 4 (1973–2017) OK 4 (1945–2003) MO 3 (1933–2018) CA 3 (1902–1953) LA 3 (1938–2018) ME 2 (1957–1985) MN 2 (2013–2014) IA 2 (1942–2002) SD 2 (1944–1959) OR 2 (1901–1992) AR 2 (1915–1956) MT 2 (1964–1979) TN 2 (1923–2020) NC 2 (1915–1939) VA 2 (1880–1881) KY 2 (1927–1971)

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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