10 Indiana opinions name it 2 courts 1963–2019 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.
| Case | Followed | Cited |
|---|---|---|
Indiana Education Employment Relations Board v. Benton Community School Corp.green2 sentences2019In Benton Community , this Court recognized that, with a presumption of nonseverability in the absence of a severability clause, "the burden is upon the supporter of the legislation to show the separability of the provisions involved." 266 Ind. at 510 -11 , 365 N.E.2d at 762 (quoting Carter v. Carter Coal Co. , 298 U.S. 238 , 312, 56 S.Ct. 855 , 80 L.Ed. 1160 (1936) ). 2019In Benton Community , this Court recognized that, with a presumption of nonseverability in the absence of a severability clause, "the burden is upon the supporter of the legislation to show the separability of the provisions involved." 266 Ind. at 510 -11 , 365 N.E.2d at 762 (quoting Carter v. Carter Coal Co. , 298 U.S. 238 , 312, 56 S.Ct. 855 , 80 L.Ed. 1160 (1936) ). | 2 | 4 |
ARGENT EX REL. VINCENT v. Bradygreen2 sentences2007The purpose is not to negate bargained-for exclusions which are plainly worded." Argent v. Brady, 386 N.J.Super. 343 , 901 A.2d 419, 426-27 (App.Div.2006) (citation omitted). 2007The purpose is not to negate bargained-for exclusions which are plainly worded." Argent v. Brady, 386 N.J.Super. 343 , 901 A.2d 419, 426-27 (App.Div.2006) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carter v. Carter Coal Co.
green
2 sentences2019In Benton Community , this Court recognized that, with a presumption of nonseverability in the absence of a severability clause, "the burden is upon the supporter of the legislation to show the separability of the provisions involved." 266 Ind. at 510 -11 , 365 N.E.2d at 762 (quoting Carter v. Carter Coal Co. , 298 U.S. 238 , 312, 56 S.Ct. 855 , 80 L.Ed. 1160 (1936) ). 2019In Benton Community , this Court recognized that, with a presumption of nonseverability in the absence of a severability clause, "the burden is upon the supporter of the legislation to show the separability of the provisions involved." 266 Ind. at 510 -11 , 365 N.E.2d at 762 (quoting Carter v. Carter Coal Co. , 298 U.S. 238 , 312, 56 S.Ct. 855 , 80 L.Ed. 1160 (1936) ). | 2 | 1977–2019 |
Selke v. Selke
green
1 sentence2019Id. at 156 . | 1 | 2019–2019 |
City of Hammond v. Herman & Kittle Properties, Inc.
green
1 sentence2019Notably, 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. | 1 | 2019–2019 |
Sharp v. City of Mishawaka
green
2 sentences1975In re City of Mishawaka, (1972) 259 Ind. 530 , 289 N.E.2d 510 , 33 Ind. Dec. 671 . 1975In re City of Mishawaka, (1972) 259 Ind. 530 , 289 N.E.2d 510 , 33 Ind. Dec. 671 . | 1 | 1975–1975 |
McCormick v. VIGO CTY., ETC., BLDG. CORP.
green
2 sentences1968In the recent case of McCormick v. Vigo County High School Building Corp. (1967), 248 Ind. 263 , 10 Ind. Dec. 477 , 226 N. E. 2d 328 , Judge Arterburn found Chapter 357 of the Acts of 1967 to be severable by pointing out on page 332 that “Chapter 3 of the Acts of 1967 has a severability clause.” In substance, Chapter 357 is a reasonable attempt to give citizens and taxpayers a fair hearing in questioning the actions of their elected and appointed officials without completely frustrating the processes of municipal government. 1968In the recent case of McCormick v. Vigo County High School Building Corp. (1967), 248 Ind. 263 , 10 Ind. Dec. 477 , 226 N. E. 2d 328 , Judge Arterburn found Chapter 357 of the Acts of 1967 to be severable by pointing out on page 332 that “Chapter 3 of the Acts of 1967 has a severability clause.” In substance, Chapter 357 is a reasonable attempt to give citizens and taxpayers a fair hearing in questioning the actions of their elected and appointed officials without completely frustrating the processes of municipal government. | 1 | 1968–1968 |
Ettinger v. Studevent Hole v. Dice
green
2 sentences1963Ettinger v. Studevent; Hale v. Dice (1942), 219 Ind. 406 , 38 N. E. 2d 1000 . 1963Ettinger v. Studevent; Hale v. Dice (1942), 219 Ind. 406 , 38 N. E. 2d 1000 . | 1 | 1963–1963 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.