9 Indiana opinions name it 2 courts 1887–2012 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 |
|---|---|---|
Grantham Realty Corp. v. Bowers, Jr., Tr.green2 sentences1980As stated in Grantham Realty Corporation v. Bowers, (1939) 215 Ind. 672, 685, 686 , 22 N.E.2d 832 , 839: “One having a technical claim on property and who is in possession of all the facts concerning such claim cannot sit idly by and permit another, who believes himself to be the owner of such property, to carry the burden of the property while the owner of the claim by the passage of time makes sure that the property is worth carrying. 1980As stated in Grantham Realty Corporation v. Bowers, (1939) 215 Ind. 672, 685, 686 , 22 N.E.2d 832 , 839: “One having a technical claim on property and who is in possession of all the facts concerning such claim cannot sit idly by and permit another, who believes himself to be the owner of such property, to carry the burden of the property while the owner of the claim by the passage of time makes sure that the property is worth carrying. | 2 | 3 |
E & L Rental Equipment, Inc. v. Giffordgreen1 sentence2012Ind. Trial Rule 17(A) requires that: “Every action shall be prosecuted in the name of the real party in interest.” However, T.R. 17(A) also provides that: “No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time after objection has been allowed for the real party in interest to ratify the action, or to be joined or substituted in the action....” Nonetheless, under T.R. 12(B)(6), when the real party in interest does not ratify, substitute or join the action, the remedy for an action brought by a party other than the | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kroeger v. Kastner
green
2 sentences1980Kroeger v. Kastner, (1937) 212 Ind. 649 , 10 N.E.2d 902 .” It is without question that the Lynches, and their predecessors in interest, Colonial, have paid the expenses incident to property ownership since 1972, and that Colonial made valuable and lasting improvements on the property. 1980Kroeger v. Kastner, (1937) 212 Ind. 649 , 10 N.E.2d 902 .” It is without question that the Lynches, and their predecessors in interest, Colonial, have paid the expenses incident to property ownership since 1972, and that Colonial made valuable and lasting improvements on the property. | 2 | 1939–1980 |
Mathews v. State
green
1 sentence2006Id. at 724 . | 1 | 2006–2006 |
Weatherhogg v. Board of Commissioners
neutral
2 sentences1914Authority is cited to the effect that “everyone has the right to select and determine with whom he will contract, and can not have another person thrust upon him without his consent; and he can not be compelled to accept the liability of any other person or corporation as substitute for the liability of those with whom he had contracted.” It is true that certain contracts involving personal liability or a relation of trust and confidence, or calling for the special skill of one party cannot be assigned by that party, and the other party be bound by the assignment, unless he ratifies it. 2 Elli 1914Authority is cited to the effect that “everyone has the right to select and determine with whom he will contract, and can not have another person thrust upon him without his consent; and he can not be compelled to accept the liability of any other person or corporation as substitute for the liability of those with whom he had contracted.” It is true that certain contracts involving personal liability or a relation of trust and confidence, or calling for the special skill of one party cannot be assigned by that party, and the other party be bound by the assignment, unless he ratifies it. 2 Elli | 1 | 1914–1914 |
Ohio Oil Co. v. Detamore
green
1 sentence1911In such a case the owner has the privilege of declaring the lease forfeited at the end of said time, except as the other party pays the sum stipulated for the delay.” It was further held in the case of Ohio Oil Co. v. Detamore, supra, that the failure of the lessee to make payments provided to extend the time for drilling, similar to the monthly payments of $20 each provided in the contract in suit for that purpose, brought the option to an end. | 1 | 1911–1911 |
Frenzel v. Miller
green
1 sentence1887Ross to cheat and defraud his creditors, was held to be bad upon demurrer in the case of Frenzel v. Miller, 37 Ind. 1 . | 1 | 1887–1887 |
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.