lawful claim (Indiana) · Go Syfert
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lawful claim in Indiana

8 Indiana opinions name it 2 courts 1982–2019 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.

Followed or applied (3)

CaseFollowedCited
Home Owners' Loan Corporation v. Hensongreen
ind · 1940 · cited in 4 Indiana opinions naming this issue, 1997–2002
2 sentences

2002See also State v. Cowdell, 421 N.E.2d 667, 671 (Ind.Ct.App.1981) ("The right of sub-rogation has consistently been defined as follows: 'The right of subrogation is not founded upon contract, expressed or implied, but upon principles of equity and justice, and includes every instance in which one party, not a mere volunteer, pays a debt for another, primarily liable, and which, in good conscience, should have been paid by the latter.'" (Quoting Home Owners' Loan Corp. v. Henson, 217 Ind. 554, 561 , 29 N.E.2d 873, 875 (1940).

2002See also State v. Cowdell, 421 N.E.2d 667, 671 (Ind.Ct.App.1981) ("The right of sub-rogation has consistently been defined as follows: 'The right of subrogation is not founded upon contract, expressed or implied, but upon principles of equity and justice, and includes every instance in which one party, not a mere volunteer, pays a debt for another, primarily liable, and which, in good conscience, should have been paid by the latter.'" (Quoting Home Owners' Loan Corp. v. Henson, 217 Ind. 554, 561 , 29 N.E.2d 873, 875 (1940).

44
Outcalt v. Wardlawgreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2008–2008
1 sentence

2008See id. at 868-64 (a lawful claim for which the grantor is liable is a successful claim asserted by a third party).

11
State v. Cowdellgreen
indctapp · 1981 · cited in 1 Indiana opinions naming this issue, 2002–2002
1 sentence

2002See also State v. Cowdell, 421 N.E.2d 667, 671 (Ind.Ct.App.1981) ("The right of sub-rogation has consistently been defined as follows: 'The right of subrogation is not founded upon contract, expressed or implied, but upon principles of equity and justice, and includes every instance in which one party, not a mere volunteer, pays a debt for another, primarily liable, and which, in good conscience, should have been paid by the latter.'" (Quoting Home Owners' Loan Corp. v. Henson, 217 Ind. 554, 561 , 29 N.E.2d 873, 875 (1940).

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 (3)

CaseCitedYears
Thomas Pinner v. State of Indiana green
ind · 2017
1 sentence

2019Freeman also alleged that Magistrate Thompson's report was in retaliation for Freeman having "openly discussed" the Indiana Supreme Court's recent opinion in Pinner v. State , 74 N.E.3d 226 (Ind. 2017). [3] Thereafter, the State, on behalf of Magistrate Thompson, moved to dismiss Freeman's complaint under Indiana Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted.

12019–2019
Capps v. Klebs green
indctapp · 1978
1 sentence

1992Similarly, we have stated that subrogation is “a legal fiction through which a person, who not as a volunteer or in his own wrong, and in the absence of outstanding and superior equities, pays the debts of another, is substituted to all rights and remedies of the other.” Capps, 382 N.E.2d at 950 ; See also Norris v. United States Fidelity and Guar.

11992–1992
Goodloe v. State green
ind · 1967
2 sentences

1982Defendant claims that he was denied the lawful presumption of innocence because there was substantial doubt as to his guilt, citing Goodloe v. State, (1961) 248 Ind. 411 , 229 N.E.2d 626 , a case in which we held that there was a complete failure of evidence.

1982Defendant claims that he was denied the lawful presumption of innocence because there was substantial doubt as to his guilt, citing Goodloe v. State, (1961) 248 Ind. 411 , 229 N.E.2d 626 , a case in which we held that there was a complete failure of evidence.

11982–1982

Where else courts name it

CA 63 (1910–2026) FL 36 (1899–2021) WA 31 (1939–2026) TX 31 (1874–2026) MS 21 (1948–2024) OH 18 (1923–2023) NY 17 (1886–2019) MD 17 (1947–2013) MO 16 (1878–2019) MI 12 (1880–2025) NE 11 (1950–2026) IL 10 (1901–2026) OK 10 (1914–1987) WI 9 (1897–2023) IN 8 (1982–2019) DC 8 (1958–2022) VA 7 (1999–2022) CT 7 (1919–2016) NC 6 (1910–1992) CO 6 (1970–2014) KY 6 (1986–2024) AZ 5 (1966–2016) GA 5 (1925–2021) ID 5 (1945–2019) WY 5 (1980–2023) AL 5 (1968–2000) PA 5 (1946–2001) NJ 5 (1953–2003) MN 5 (1885–1993) SD 5 (1973–2026) MA 5 (1982–2025) OR 4 (1908–2024) NM 4 (1972–2006) TN 2 (1992–2011) LA 2 (1942–1959) NV 2 (1918–2014) WV 2 (1946–1955) SC 2 (1911–2000) ME 2 (2015–2017) UT 2 (1934–1944) DE 2 (1981–2015)

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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