equity doctrine (Indiana) · Go Syfert
← Indiana issues

equity doctrine in Indiana

10 Indiana opinions name it 2 courts 1873–1994 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
Oles v. Plummergreen
indctapp · 1983 · cited in 1 Indiana opinions naming this issue, 1990–1990
1 sentence

1990See Morris v. Weigle (1978), 270 Ind. 121 , 383 N.E.3d 341 (29.7% was found to be substantial and not within the minimal equity exception of Skendgel), Oles v. Plummer (1983), Ind.App., 444 N.E.2d 879, 882 (payments equal to 80.55% of the contract price and 18.6% of the principal was considered substantial, and the remedy permitted upon the buyer's default was foreclosure); See also, Looney, 794 F.2d at 312.

11
Morris v. Weiglegreen
ind · 1978 · cited in 1 Indiana opinions naming this issue, 1990–1990
1 sentence

1990See Morris v. Weigle (1978), 270 Ind. 121 , 383 N.E.3d 341 (29.7% was found to be substantial and not within the minimal equity exception of Skendgel), Oles v. Plummer (1983), Ind.App., 444 N.E.2d 879, 882 (payments equal to 80.55% of the contract price and 18.6% of the principal was considered substantial, and the remedy permitted upon the buyer's default was foreclosure); See also, Looney, 794 F.2d at 312.

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 (12)

CaseCitedYears
Middelkamp v. Hanewich green
indctapp · 1977
2 sentences

1994In MiddelKamp v. Hanewich (1977), 173 Ind.App. 571 , 364 N.E.2d 1024 , this court wrote: "The first test for a compulsory counterclaim is whether it '[arose] out of the transaction or occurrence that is the subject-matter of the opposing party's claim. ...' The test for compulsoriness is a logical relationship test, as stated by the United States Supreme Court in a case under the former equity rule from which federal rule 18(a) was derived: '"Transaction" is a word of flexible meaning.

1994In MiddelKamp v. Hanewich (1977), 173 Ind.App. 571 , 364 N.E.2d 1024 , this court wrote: "The first test for a compulsory counterclaim is whether it '[arose] out of the transaction or occurrence that is the subject-matter of the opposing party's claim. ...' The test for compulsoriness is a logical relationship test, as stated by the United States Supreme Court in a case under the former equity rule from which federal rule 18(a) was derived: '"Transaction" is a word of flexible meaning.

11994–1994
Attebery v. Attebery green
moctapp · 1974
1 sentence

1987Similarly, in Attebery v. Attebery (1974), Mo.App., 507 S.W.2d 87 , a wife sought indemnity from her husband for sums she had expended for her necessaries.

11987–1987
Curtis v. Sutter green
· 1860
1 sentence

1895Curtis v. Suteer, 15 Cal. 259 ; Green v. Glynn, 71 Ind. 336 .

11895–1895
Green v. Glynn neutral
ind · 1880
1 sentence

1895Curtis v. Suteer, 15 Cal. 259 ; Green v. Glynn, 71 Ind. 336 .

11895–1895
Ragsdale v. Mitchell neutral
ind · 1884
1 sentence

1895In Ragsdale v. Mitchell, 97 Ind. 458 (461), it was said: “The action to quiet title, provided by the statute, is an ■extension of the equity doctrine, which settled titles under a proceeding called a bill of peace.

11895–1895
Pendleton v. Perkins green
mo · 1872
1 sentence

1892Pendleton v. Perkins, 49 Mo. 565 ; Johnson v. Waters, 111 U. S. 640 ; Hartshorn v. Eames, 91 Me. 93 .

11892–1892
Johnson v. Waters green
scotus · 1884
1 sentence

1892Pendleton v. Perkins, 49 Mo. 565 ; Johnson v. Waters, 111 U. S. 640 ; Hartshorn v. Eames, 91 Me. 93 .

11892–1892
Bane v. Travelers' Insurance neutral
· 1887
1 sentence

1890Co., 85 Ky. 677 , is opposed to the case last mentioned, but we think counsel are in error, for the Kentucky court puts its decision upon the ground that the assured had not earned the wages which he assumed to assign, and declares that in this respect the case differs from Lyon v. Travellers’ Ins.

11890–1890
Hastings v. Dickinson green
mass · 1810
1 sentence

1888Gibson v. Gibson, 15 Mass. 110 , and Hastings v. Dickinson, 7 Mass. 153 , are placed solely on the statute of Henry VIII, and were decided as strictly common law cases, without reference to the equity rule, which, both in England and America, has long been different from the rigid rule of the common law.

11888–1888
Erwin v. Fulk neutral
ind · 1884
1 sentence

1885Erwin v. Fulk, 94 Ind. 235 .

11885–1885
Reynolds v. Quaely neutral
kan · 1877
1 sentence

1882In Reynolds v. Quaeley, 18 Kan. 361 , the doctrine is carried so far as to hold that although the assignment is after action, brought, the assignee must prosecute the action, and that the: assignor’s administrator can not continue the prosecution.

11882–1882
Bird v. Lanius neutral
ind · 1856
1 sentence

1873In the subsequent case of Bird v. Lanius, 7 Ind. 615 , the equity rule was recognized as being in force in the State, and it was held that a promise by one to another, for the benefit of a third party, could be enforced by the latter.

11873–1873

Where else courts name it

NY 42 (1843–2021) TX 26 (1902–2025) PA 24 (1888–2021) CA 24 (1887–2016) MO 23 (1879–1975) MI 20 (1868–2022) AL 18 (1883–2016) FL 18 (1901–2017) GA 17 (1854–2023) IL 16 (1882–2009) OK 16 (1913–2021) NE 14 (1888–2024) WA 14 (1891–2014) MA 12 (1936–2014) KY 12 (1899–2009) KS 11 (1893–2017) MN 11 (1895–1951) IN 10 (1873–1994) WV 9 (1879–2025) WI 7 (1912–1985) NJ 7 (1880–2021) AR 6 (1897–1922) MD 6 (1882–1992) SD 6 (1911–2010) CT 5 (1860–2010) TN 5 (1873–1961) LA 5 (1843–1985) HI 5 (1921–2011) OH 5 (1895–2005) ID 4 (1909–1955) DE 4 (1958–2022) AZ 4 (1889–2026) MS 4 (1985–2025) NM 4 (1922–2016) MT 4 (1905–2018) OR 3 (1959–1973) NC 3 (1908–2006) VA 3 (1889–1939) ND 3 (1903–1951) CO 3 (1889–1914) IA 3 (1939–1978) DC 3 (1914–1993) NH 2 (1860–1868) SC 2 (1906–2006) UT 2 (1995–2019)

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.

← Caselaw search · G Cite Topics · Brief Check