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

10 Indiana opinions name it 2 courts 1876–2018 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
Barrett v. Stategreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018We will not become an “a party’s advocate, nor will we address arguments that are Court of Appeals of Indiana | Memorandum Decision 71A04-1711-PC-2748 | July 30, 2018 Page 6 of 7 inappropriate, improperly expressed, or too poorly developed to be understood.” Barrett v. State, 837 N.E.2d 1022, 1030 (Ind. Ct. App. 2005), trans. denied. [13] Moreover, Knight does not suggest that the supposed error prejudiced him or argue that the sentence he received was excessive.

11
Memorial Hospital of South Bend, Inc. v. Scottgreen
ind · 1973 · cited in 1 Indiana opinions naming this issue, 1976–1976
1 sentence

1976We have discovered no case in which this court or our Supreme Court followed the “thirteenth juror” rule, thus according to the trial court’s action “a strong presumption of correctness”, Memorial Hospital of South Bend, Inc. v. Scott, supra, 300 N.E.2d at 53 (original emphasis), when the relief given by the trial court contrary to the verdict, consisted of correcting the supposed error without permitting a new trial.

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 (11)

CaseCitedYears
Risher v. Gilpin neutral
ind · 1867
2 sentences

1881If the supposed error of law, of which the appellant and his couusel complain, had been properly saved in the record, so that it could be correctly said to be an “error of law appearing in the proceedings and judgment,” then, it would seem to us, that the case cited of Risher v. Gilpin, supra, was directly in point, and, if approved, it would fully sustain the position and argument of the appellant’s counsel.

1880If the supposed error of law, of which the appellant and his counsel complain, had been properly saved in the record, so that it could be correctly said to be an “error of law appearing in the proceedings and judgment,” then it would seem to us that the case cited of Risher v. Gilpin, supra, was directly in point, and, if approved, it would fully sustain the position and argument of the appellant’s counsel.

21880–1881
Richardson v. Howk green
ind · 1874
2 sentences

1881In Richardson v. Howk, 45 Ind. 451 , Osborn J., speaking for the court, said : “A bill of review cannot be used as a means of creating an exception, in the first instance.

1880In Richardson v. Howk, 45 Ind. 451 , Osborn, J., speaking for the court,, said : “A bill of review can not be used as a means of creating an exception in the first instance.

21880–1881
Fugate v. State green
miss · 1904
1 sentence

1935Fugate v. State (1904), 85 Miss. 94 , 37 So. 554 , 3 Ann.

11935–1935
Hansher v. Hanshew neutral
ind · 1883
1 sentence

1885Hansher v. Hanshew, 94 Ind. 208 .

11885–1885
Mitchell v. Chambers neutral
ind · 1876
1 sentence

1882This much is due as well to the trial court as to this court, and, unless the record shows that such a statement of the offered evidence was made at the time, the supposed error of law, if it exist, can not be made available in this court; Mitahell v. Chambers, 55 Ind. 289 ; Graeter v. Williams, 55 Ind. 461 ; Bake v. Smiley, 84 Ind. 212 .

11882–1882
Graeter v. Williams neutral
ind · 1876
1 sentence

1882This much is due as well to the trial court as to this court, and, unless the record shows that such a statement of the offered evidence was made at the time, the supposed error of law, if it exist, can not be made available in this court; Mitahell v. Chambers, 55 Ind. 289 ; Graeter v. Williams, 55 Ind. 461 ; Bake v. Smiley, 84 Ind. 212 .

11882–1882
Bake v. Smiley neutral
ind · 1882
1 sentence

1882This much is due as well to the trial court as to this court, and, unless the record shows that such a statement of the offered evidence was made at the time, the supposed error of law, if it exist, can not be made available in this court; Mitahell v. Chambers, 55 Ind. 289 ; Graeter v. Williams, 55 Ind. 461 ; Bake v. Smiley, 84 Ind. 212 .

11882–1882
Leary v. Ebert neutral
ind · 1880
1 sentence

1881Leary v. Ebert, 72 Ind. 418 .

11881–1881
Hay v. State ex rel. McClanrahan neutral
ind · 1877
1 sentence

1879Hay v. The State, ex rel., 58 Ind. 337 ; Myers v. Murphy, 60 Ind. 282 .

11879–1879
Myers v. Murphy green
ind · 1878
1 sentence

1879Hay v. The State, ex rel., 58 Ind. 337 ; Myers v. Murphy, 60 Ind. 282 .

11879–1879
Yancy v. Smith green
kyctapp · 1859
1 sentence

1876Hopkins v. Commonwealth, 3 Met. 460 ; Wilde v. Commonwealth, 2 Met. 408 .

11876–1876

Where else courts name it

TX 41 (1879–2023) CA 41 (1887–2024) NY 22 (1864–2017) IL 22 (1896–2026) MA 21 (1919–2026) LA 16 (1904–2008) MO 14 (1856–2013) MI 13 (1955–2025) PA 12 (1839–2020) NJ 11 (1932–2021) FL 11 (1925–2018) MD 11 (1932–2018) IN 10 (1876–2018) TN 9 (1933–2025) IA 9 (1895–2021) KS 8 (1876–1993) CO 8 (1893–1954) OH 8 (1982–2022) WI 7 (1898–2024) AR 6 (1894–2003) WA 5 (1911–2016) VA 5 (1855–2011) NC 5 (1904–2010) GA 5 (1911–2017) HI 5 (1913–1966) KY 4 (1877–1963) AL 4 (1851–1975) DE 4 (2015–2016) WV 4 (1873–1908) SC 4 (1909–1950) VT 3 (1983–2017) WY 3 (1902–2018) UT 3 (2014–2021) NM 2 (1925–1983) NE 2 (1931–1938) NH 2 (1966–1994) MN 2 (1895–2016) SD 2 (1892–1998) AK 2 (2010–2014)

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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