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.
| Case | Followed | Cited |
|---|---|---|
Haskell v. Peterson Pontiac GMC Trucksgreen1 sentence2012Haskell v. Peterson Pontiac GMC Trucks, 609 N.E.2d 1160, 1163 (Ind.Ct.App.1993). | 1 | 1 |
Rogers v. Lockardgreen1 sentence2012As 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. | 1 | 1 |
State v. Waltongreen1 sentence2012Regarding 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)). | 1 | 1 |
Wright v. Stategreen1 sentence1998A. 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). | 1 | 1 |
Andersen v. La Rinconada Country Clubgreen1 sentence1998The Andersen contract provided that the golf course would “purchase water from no other source.” Id. at 572. | 1 | 1 |
Hibbits v. Jackgreen1 sentence1915See also, Hibbits v. Jack (1884), 97 Ind. 570 , 49 Am. | 1 | 1 |
| Noe v. Kerngreen | 1 | 1 |
| Galvin v. Meridian National Bankgreen | 1 | 1 |
| Miller v. Stategreen | 1 | 1 |
| Williams v. Casegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Voit v. Allen County
green
1 sentence1998Voit, 634 N.E.2d at 770 . | 1 | 1998–1998 |
Clark v. State
green
2 sentences1996Clark 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. | 1 | 1996–1996 |
Harris v. State
green
1 sentence1993The 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. | 1 | 1993–1993 |
Green v. State
green
1 sentence1989This 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 . | 1 | 1989–1989 |
Beck v. Beck
green
2 sentences1989However, 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. | 1 | 1989–1989 |
Cunningham v. Associates Capital Services Corp.
green
1 sentence1982Finally, 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. | 1 | 1982–1982 |
Johnson v. State
green
2 sentences1982In 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. | 1 | 1982–1982 |
Bowen v. Ratcliff
green
2 sentences1982While 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. | 1 | 1982–1982 |
Shinn v. State
neutral
1 sentence1980We find Shinn, supra, and Yount, supra, to be distinguishable from the ease at bar. | 1 | 1980–1980 |
City of Phoenix v. Kolodziejski
green
2 sentences1979While 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. | 1 | 1979–1979 |
Thomas v. State
green
1 sentence1975Thomas 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. | 1 | 1975–1975 |
Feltes v. People
green
1 sentence1975Thomas 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. | 1 | 1975–1975 |
Jackson v. Beard
green
2 sentences1973Ashton, 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 | 1 | 1973–1973 |
Brindle v. Harter
neutral
2 sentences1973Ashton, 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 | 1 | 1973–1973 |
Walker v. State
neutral
2 sentences1973Ashton, 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 | 1 | 1973–1973 |
Dooley v. Richard's Standard Service
neutral
2 sentences1969In 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. | 1 | 1969–1969 |
City of Anderson v. Borton
green
1 sentence1969The 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. | 1 | 1969–1969 |
Buchanan v. Morris
neutral
2 sentences1968Even 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. | 1 | 1968–1968 |
Shoultz v. McPheeters
green
1 sentence1919Art. 7, §1, Constitution of Indiana, §161 Burns 1914; Shoultz v. McPheeters (1881), 79 Ind. 373 ; Little v. State (1883), 90 Ind. 338 , 46 Am. | 1 | 1919–1919 |
Little v. State
green
1 sentence1919Art. 7, §1, Constitution of Indiana, §161 Burns 1914; Shoultz v. McPheeters (1881), 79 Ind. 373 ; Little v. State (1883), 90 Ind. 338 , 46 Am. | 1 | 1919–1919 |
City of Gary v. Much
neutral
2 sentences1916In 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. | 1 | 1916–1916 |
Tripp v. Northwestern Live Stock Insurance
neutral
2 sentences1915Co. (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. | 1 | 1915–1915 |
Oolitic Stone Co. v. Ridge
green
2 sentences1914It 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. | 1 | 1914–1914 |
| Davis v. Mercer Lumber Co. neutral | 1 | 1914–1914 |
| Bessler v. Laughlin green | 1 | 1914–1914 |
Cook v. Ormsby
green
2 sentences1914The 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. | 1 | 1914–1914 |
| Evansville Hoop & Stave Co. v. Bailey green | 1 | 1914–1914 |
| Carey v. Gundlefinger neutral | 1 | 1913–1913 |
| Strong v. Doty green | 1 | 1912–1912 |
| Tewksbury v. Howard green | 1 | 1912–1912 |
| Storer v. Markley neutral | 1 | 1912–1912 |
| Warner v. Marshall green | 1 | 1912–1912 |
| Indiana Union Traction Co. v. Jacobs neutral | 1 | 1912–1912 |
| Howard v. Adkins neutral | 1 | 1912–1912 |
| Harrold v. Fuenfstueck neutral | 1 | 1912–1912 |
| Maris v. Masters green | 1 | 1912–1912 |
| Fickle v. Snepp neutral | 1 | 1911–1911 |
| Liggett v. Firestone neutral | 1 | 1911–1911 |
| McGee v. State ex rel. Axtell neutral | 1 | 1911–1911 |
| Coulter v. Bradley neutral | 1 | 1911–1911 |
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.