ease bar (Indiana) · Go Syfert
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ease bar in Indiana

58 Indiana opinions name it 3 courts 1866–2012 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.

Followed or applied (10)

CaseFollowedCited
Haskell v. Peterson Pontiac GMC Trucksgreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012Haskell v. Peterson Pontiac GMC Trucks, 609 N.E.2d 1160, 1163 (Ind.Ct.App.1993).

11
Rogers v. Lockardgreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012As a result, the court concluded that the provision operated as punishment for the purchaser’s *593 breach and “not as an estimation of the actual damages.” Id. at 992. [12] Applying these precedents to the ease at bar, we find that the provision before us indicates an intent to penalize the purchaser for a breach rather than an intent to compensate the seller in the event of breach.

11
State v. Waltongreen
ind · 1999 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012Regarding trial counsel’s decision to expose the jury to the California Claim, McCullough recognizes that “[e]videnee of a demonstrably false claim of a prior sexual assault by a complaining witness is admissible for impeachment purposes.” Appellant’s Br. at 19 (citing State v. Walton, 715 N.E.2d 824, 828 (Ind.1999)).

11
Wright v. Stategreen
ind · 1995 · cited in 1 Indiana opinions naming this issue, 1998–1998
1 sentence

1998A. Standard of review When asked to instruct the jury on a lesser included offense, trial courts are to apply the three part test set out in Wright v. State, 658 N.E.2d 563, 566-67 (Ind.1995).

11
Andersen v. La Rinconada Country Clubgreen
calctapp · 1935 · cited in 1 Indiana opinions naming this issue, 1998–1998
1 sentence

1998The Andersen contract provided that the golf course would “purchase water from no other source.” Id. at 572.

11
Hibbits v. Jackgreen
ind · 1884 · cited in 1 Indiana opinions naming this issue, 1915–1915
1 sentence

1915See also, Hibbits v. Jack (1884), 97 Ind. 570 , 49 Am.

11
Noe v. Kerngreen
mo · 1887 · cited in 1 Indiana opinions naming this issue, 1909–1909
11
Galvin v. Meridian National Bankgreen
ind · 1891 · cited in 1 Indiana opinions naming this issue, 1899–1899
11
Miller v. Stategreen
ind · 1846 · cited in 1 Indiana opinions naming this issue, 1892–1892
11
Williams v. Casegreen
ind · 1860 · cited in 1 Indiana opinions naming this issue, 1871–1871
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 (70)

CaseCitedYears
Voit v. Allen County green
indctapp · 1994
1 sentence

1998Voit, 634 N.E.2d at 770 .

11998–1998
Clark v. State green
ind · 1978
2 sentences

1996Clark v. State, 269 Ind. 316 , 380 N.E.2d 550 (1978) also offers guidance.

1996Clark v. State, 269 Ind. 316 , 380 N.E.2d 550 (1978) also offers guidance.

11996–1996
Harris v. State green
indctapp · 1993
1 sentence

1993The State, in its petition for rehearing, contends that our holding that a judge pro tempore appointed for one court session does not retain jurisdiction on a ease is in error, citing Harris v. State (1993), Ind.App., 616 N.E.2d 25 , trans. denied.

11993–1993
Green v. State green
ind · 1984
1 sentence

1989This Court has previously stated that on appeal we will reverse the trial court on a finding of sanity “only where the evidence is without conflict and leads to but one conclusion and the trier of fact has reached an opposite conclusion,.... ” Green v. State (1984), Ind., 469 N.E.2d 1169, 1171 .

11989–1989
Beck v. Beck green
nj · 1981
2 sentences

1989However, in Beck v. Beck (1981), 86 N.J. 480 , 432 A.2d 63 , 17 ALR4th 997, a sua sponte award of joint custody (as in the ease at bar where neither party requested joint custody) was affirmed.

1989However, in Beck v. Beck (1981), 86 N.J. 480 , 432 A.2d 63 , 17 ALR4th 997, a sua sponte award of joint custody (as in the ease at bar where neither party requested joint custody) was affirmed.

11989–1989
Cunningham v. Associates Capital Services Corp. green
indctapp · 1981
1 sentence

1982Finally, in Cunningham v. Associates Capital Services Corp., (1981) Ind.App., 421 N.E.2d 681 this Court held a summary judgment affidavit did not meet the requirements of T.R. 56(E) under facts very similar to those in the ease at bar.

11982–1982
Johnson v. State green
ind · 1977
2 sentences

1982In the case of Johnson v. State, (1977) 267 Ind. 256 , 369 N.E.2d 623 , this Court stated: “In the ease at bar the coroner’s report was fully certified by the deputy coroner who attested that he was the lawful custodian of the records.

1982In the case of Johnson v. State, (1977) 267 Ind. 256 , 369 N.E.2d 623 , this Court stated: “In the ease at bar the coroner’s report was fully certified by the deputy coroner who attested that he was the lawful custodian of the records.

11982–1982
Bowen v. Ratcliff green
ind · 1895
2 sentences

1982While such “dragnet” clauses are not favored by the law because of the possibility that they could work a fraud on creditors, Bowen v. Ratcliff, (1895) 140 Ind. 393, 397 , 39 N.E. 860, 682 , such danger does not exist between the parties.

1982While such “dragnet” clauses are not favored by the law because of the possibility that they could work a fraud on creditors, Bowen v. Ratcliff, (1895) 140 Ind. 393, 397 , 39 N.E. 860, 682 , such danger does not exist between the parties.

11982–1982
Shinn v. State neutral
ind · 1877
1 sentence

1980We find Shinn, supra, and Yount, supra, to be distinguishable from the ease at bar.

11980–1980
City of Phoenix v. Kolodziejski green
scotus · 1970
2 sentences

1979While we recognize the proposition in City of Phoenix v. Kolodziejski (1970) 399 U.S. 204 , 90 S.Ct. 1990 , 26 L.Ed.2d 523 , that a renter may effectively pay a share of local property taxes through his rental payments, we think this interest is too far removed from the actual levying of the tax to justify striking down the particular statute in the ease at bar.

1979While we recognize the proposition in City of Phoenix v. Kolodziejski (1970) 399 U.S. 204 , 90 S.Ct. 1990 , 26 L.Ed.2d 523 , that a renter may effectively pay a share of local property taxes through his rental payments, we think this interest is too far removed from the actual levying of the tax to justify striking down the particular statute in the ease at bar.

11979–1979
Thomas v. State green
ind · 1973
1 sentence

1975Thomas v. State (1973), [260] Ind. [1], *690 291 N.E.2d 557 ; Feltes et al. v. People of Colorado (Colo. 1972), 498 P.2d 1128 .” In the ease at bar, appellant’s possession of the disputed evidence was adequately established.

11975–1975
Feltes v. People green
colo · 1972
1 sentence

1975Thomas v. State (1973), [260] Ind. [1], *690 291 N.E.2d 557 ; Feltes et al. v. People of Colorado (Colo. 1972), 498 P.2d 1128 .” In the ease at bar, appellant’s possession of the disputed evidence was adequately established.

11975–1975
Jackson v. Beard green
indctapp · 1970
2 sentences

1973Ashton, supra, is different from the ease at bar in that the question was asked concerning prior convictions for the purpose of impeaching the witness’s credibility and was determined by our Supreme Court as a “. . . ‘fishing expedition’ which if answered would not necessarily reveal any admissible evidence. . . .” Ashton is further distinguishable from the case at bar in that in Ashton no questions had been asked the witness which opened up the examination so that cross examination could be gone into. *491 In the case of Jackson v. Beard (1970), 146 Ind. App. 382 , 255 N.E.2d 837 , the case o

1973Ashton, supra, is different from the ease at bar in that the question was asked concerning prior convictions for the purpose of impeaching the witness’s credibility and was determined by our Supreme Court as a “. . . ‘fishing expedition’ which if answered would not necessarily reveal any admissible evidence. . . .” Ashton is further distinguishable from the case at bar in that in Ashton no questions had been asked the witness which opened up the examination so that cross examination could be gone into. *491 In the case of Jackson v. Beard (1970), 146 Ind. App. 382 , 255 N.E.2d 837 , the case o

11973–1973
Brindle v. Harter neutral
indctapp · 1965
2 sentences

1973Ashton, supra, is different from the ease at bar in that the question was asked concerning prior convictions for the purpose of impeaching the witness’s credibility and was determined by our Supreme Court as a “. . . ‘fishing expedition’ which if answered would not necessarily reveal any admissible evidence. . . .” Ashton is further distinguishable from the case at bar in that in Ashton no questions had been asked the witness which opened up the examination so that cross examination could be gone into. *491 In the case of Jackson v. Beard (1970), 146 Ind. App. 382 , 255 N.E.2d 837 , the case o

1973Ashton, supra, is different from the ease at bar in that the question was asked concerning prior convictions for the purpose of impeaching the witness’s credibility and was determined by our Supreme Court as a “. . . ‘fishing expedition’ which if answered would not necessarily reveal any admissible evidence. . . .” Ashton is further distinguishable from the case at bar in that in Ashton no questions had been asked the witness which opened up the examination so that cross examination could be gone into. *491 In the case of Jackson v. Beard (1970), 146 Ind. App. 382 , 255 N.E.2d 837 , the case o

11973–1973
Walker v. State neutral
ind · 1924
2 sentences

1973Ashton, supra, is different from the ease at bar in that the question was asked concerning prior convictions for the purpose of impeaching the witness’s credibility and was determined by our Supreme Court as a “. . . ‘fishing expedition’ which if answered would not necessarily reveal any admissible evidence. . . .” Ashton is further distinguishable from the case at bar in that in Ashton no questions had been asked the witness which opened up the examination so that cross examination could be gone into. *491 In the case of Jackson v. Beard (1970), 146 Ind. App. 382 , 255 N.E.2d 837 , the case o

1973Ashton, supra, is different from the ease at bar in that the question was asked concerning prior convictions for the purpose of impeaching the witness’s credibility and was determined by our Supreme Court as a “. . . ‘fishing expedition’ which if answered would not necessarily reveal any admissible evidence. . . .” Ashton is further distinguishable from the case at bar in that in Ashton no questions had been asked the witness which opened up the examination so that cross examination could be gone into. *491 In the case of Jackson v. Beard (1970), 146 Ind. App. 382 , 255 N.E.2d 837 , the case o

11973–1973
Dooley v. Richard's Standard Service neutral
indctapp · 1969
2 sentences

1969In Dooley v. Richard’s Standard Service (Ind. App. 10/16/69) 145 Ind. App. 470 , 18 Ind. Dec. 754 , 251 N. E. 2d 449 , Division One affirmed a Full Industrial Board’s negative award where the evidence was nearly identical in essence to that in the ease at bar.

1969In Dooley v. Richard’s Standard Service (Ind. App. 10/16/69) 145 Ind. App. 470 , 18 Ind. Dec. 754 , 251 N. E. 2d 449 , Division One affirmed a Full Industrial Board’s negative award where the evidence was nearly identical in essence to that in the ease at bar.

11969–1969
City of Anderson v. Borton green
indctapp · 1961
1 sentence

1969The opinion’s conclusion merely holds that “appellee did not suffer injury as a result of and in the course of his employment.” ( 132 Ind. App. at 695 .) This is almost the same negative pregnant which is employed as a “finding” in the ease at bar.

11969–1969
Buchanan v. Morris neutral
ind · 1926
2 sentences

1968Even before Rule 2-6 was presented, our Supreme Court stated that errors in mis-naming parties as appellants or appellees were not jurisdictional In Buchanan v. Morris (1926), 198 Ind. 79 , 151 N. E. 385 , the court denied a motion to dismiss on these grounds and continued to decide .the case on its merits.

1968Even before Rule 2-6 was presented, our Supreme Court stated that errors in mis-naming parties as appellants or appellees were not jurisdictional In Buchanan v. Morris (1926), 198 Ind. 79 , 151 N. E. 385 , the court denied a motion to dismiss on these grounds and continued to decide .the case on its merits.

11968–1968
Shoultz v. McPheeters green
ind · 1881
1 sentence

1919Art. 7, §1, Constitution of Indiana, §161 Burns 1914; Shoultz v. McPheeters (1881), 79 Ind. 373 ; Little v. State (1883), 90 Ind. 338 , 46 Am.

11919–1919
Little v. State green
ind · 1883
1 sentence

1919Art. 7, §1, Constitution of Indiana, §161 Burns 1914; Shoultz v. McPheeters (1881), 79 Ind. 373 ; Little v. State (1883), 90 Ind. 338 , 46 Am.

11919–1919
City of Gary v. Much neutral
ind · 1913
2 sentences

1916In the City of Gary v. Much (1913), 180 Ind. 26 , 101 N. E. 4 , cited by appellants, the city vacated a certain street, which was upon the boundary line of the corporation, and shut out the ingress and egress of an abutting property owner.

1916In the City of Gary v. Much (1913), 180 Ind. 26 , 101 N. E. 4 , cited by appellants, the city vacated a certain street, which was upon the boundary line of the corporation, and shut out the ingress and egress of an abutting property owner.

11916–1916
Tripp v. Northwestern Live Stock Insurance neutral
iowa · 1894
2 sentences

1915Co. (1894), 91 Iowa 278 , 59 N. W. 1 , is likewise distinguishable, because the horse in that ease was killed by the veterinary surgeon two hours before the policy expired, not because the animal was suffering pain, but- because it was believed to be impossible for the animal to recover, so that the humane doctrine which we think is rightly invoked in the ease at bar had no application to that ease.

1915Co. (1894), 91 Iowa 278 , 59 N. W. 1 , is likewise distinguishable, because the horse in that ease was killed by the veterinary surgeon two hours before the policy expired, not because the animal was suffering pain, but- because it was believed to be impossible for the animal to recover, so that the humane doctrine which we think is rightly invoked in the ease at bar had no application to that ease.

11915–1915
Oolitic Stone Co. v. Ridge green
ind · 1908
2 sentences

1914It appears to us that the ease at bar is not governed by the one definite theory line of cases, such as Oölitic Stone Co. v. Ridge (1908), 169 Ind. 639 , 83 N. E. 246 , for in that, and other like cases, while there was but one law in effect, it could not be determined whether the recovery had not been had on the theory most favorable to the successful party, that is, upon the theory of least legal resistance.

1914It appears to us that the ease at bar is not governed by the one definite theory line of cases, such as Oölitic Stone Co. v. Ridge (1908), 169 Ind. 639 , 83 N. E. 246 , for in that, and other like cases, while there was but one law in effect, it could not be determined whether the recovery had not been had on the theory most favorable to the successful party, that is, upon the theory of least legal resistance.

11914–1914
Davis v. Mercer Lumber Co. neutral
ind · 1905
11914–1914
Bessler v. Laughlin green
ind · 1907
11914–1914
Cook v. Ormsby green
indctapp · 1909
2 sentences

1914The case of Evansville Hoop, etc., Co. v. Bailey (1909), 43 Ind. App. 153 , 84 N. E. 549 , cited by appellee is likewise readily distinguishable in its facts from the ease at bar, as are also the cases of Bessler v. Laughlin (1907), 168 Ind. 38 , 79 N. E. 1033 ; Davis v. Mercer Lumber Co. (1905), 164 Ind. 413 , 73 N. E. 899 ; Cook v. Ormsby (1910), 45 Ind. App. 352 , 89 N. E. 525 . 8. 9.

1914The case of Evansville Hoop, etc., Co. v. Bailey (1909), 43 Ind. App. 153 , 84 N. E. 549 , cited by appellee is likewise readily distinguishable in its facts from the ease at bar, as are also the cases of Bessler v. Laughlin (1907), 168 Ind. 38 , 79 N. E. 1033 ; Davis v. Mercer Lumber Co. (1905), 164 Ind. 413 , 73 N. E. 899 ; Cook v. Ormsby (1910), 45 Ind. App. 352 , 89 N. E. 525 . 8. 9.

11914–1914
Evansville Hoop & Stave Co. v. Bailey green
· 1908
11914–1914
Carey v. Gundlefinger neutral
indctapp · 1895
11913–1913
Strong v. Doty green
wis · 1873
11912–1912
Tewksbury v. Howard green
ind · 1894
11912–1912
Storer v. Markley neutral
ind · 1905
11912–1912
Warner v. Marshall green
ind · 1905
11912–1912
Indiana Union Traction Co. v. Jacobs neutral
ind · 1906
11912–1912
Howard v. Adkins neutral
ind · 1906
11912–1912
Harrold v. Fuenfstueck neutral
indctapp · 1903
11912–1912
Maris v. Masters green
indctapp · 1903
11912–1912
Fickle v. Snepp neutral
· 1884
11911–1911
Liggett v. Firestone neutral
ind · 1884
11911–1911
McGee v. State ex rel. Axtell neutral
ind · 1885
11911–1911
Coulter v. Bradley neutral
· 1904
11911–1911

Where else courts name it

CA 478 (1874–2021) MO 144 (1860–2015) NY 132 (1843–1980) OK 122 (1901–2010) IA 115 (1879–2006) GA 82 (1900–1963) TX 79 (1868–2014) OR 71 (1894–2025) PA 66 (1882–2017) IN 58 (1866–2012) ID 57 (1886–2013) OH 47 (1884–2011) LA 37 (1899–2015) NM 35 (1896–2010) WY 34 (1894–2017) KY 33 (1899–2007) UT 32 (1901–2016) IL 31 (1865–2001) MI 31 (1915–1973) NJ 30 (1902–2017) WV 29 (1900–2014) AL 24 (1906–2009) AR 23 (1898–1970) MA 23 (1877–1973) MT 23 (1896–1969) CO 22 (1892–2016) TN 22 (1928–2005) FL 21 (1922–2016) MD 19 (1910–2014) MN 19 (1914–2006) HI 17 (1895–2016) NC 16 (1900–1951) RI 15 (1885–2003) AZ 15 (1907–2013) WA 13 (1890–1935) CT 13 (1887–1982) ND 12 (1910–2016) VA 12 (1877–2013) PR 11 (1934–1972) MS 10 (1908–2014) NE 10 (1880–1946) DE 8 (1977–1998) ME 7 (1889–1998) VT 7 (1914–2015) WI 6 (1878–1977) AK 5 (1967–1995) DC 4 (1980–2005) KS 3 (1902–1995) SD 3 (1997–2006) SC 2 (1923–2008)

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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