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6 Indiana opinions name it 2 courts 1878–2016 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 |
|---|---|---|
Smith v. . Tracygreen1 sentence1917See, also, Smith v. Tracy (1867), 36 N. Y. 79 . ‘ ‘ Generally speaking it does not devolve upon the principal to make inquiry as to the facts. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Adam Horton v. State of Indiana
green
2 sentences2016Although the State asked the Court to make an exception “where circumstances nevertheless imply waiver was the defendant’s choice” — such as where “Horton had just experienced a jury trial and thus was probably ‘aware’ of the right his attorney waived on his behalf’ — the Court “decline[d] to carve out an exception.” Id. at 1159 , 2016 WL 1612335 . 2016Although the State asked the Court to make an exception “where circumstances nevertheless imply waiver was the defendant’s choice” — such as where “Horton had just experienced a jury trial and thus was probably ‘aware’ of the right his attorney waived on his behalf’ — the Court “decline[d] to carve out an exception.” Id. at 1159 , 2016 WL 1612335 . | 1 | 2016–2016 |
Farthing v. Farthing
green
2 sentences1988We therefore conclude that the statute merely directs the court to consider these factors, not to make special findings prior to awarding attorney's fees. 3 In reaching this conclusion, we draw upon Farthing v. Farthing (1979) 2d Dist., 178 Ind.App. 336 , 382 N.E.2d 941, 944 , trans. denied, in which we stated: "The statute [LC. 31-1-11.5-9(c) (Burns Code Ed.Supp.1978) ] merely compels the trial court to make inquiry and 'find' whether there exists incapacity and material effect upon the spouse's self-supportive ability before awarding maintenance. 1988We therefore conclude that the statute merely directs the court to consider these factors, not to make special findings prior to awarding attorney's fees. 3 In reaching this conclusion, we draw upon Farthing v. Farthing (1979) 2d Dist., 178 Ind.App. 336 , 382 N.E.2d 941, 944 , trans. denied, in which we stated: "The statute [LC. 31-1-11.5-9(c) (Burns Code Ed.Supp.1978) ] merely compels the trial court to make inquiry and 'find' whether there exists incapacity and material effect upon the spouse's self-supportive ability before awarding maintenance. | 1 | 1988–1988 |
Temple v. Temple
green
1 sentence1978While there is no direct authority with respect to the necessity of express findings pursuant to the requirements of I.C. 31-1-11.5-9(c), we nevertheless conclude that when, as here, the trial court expressly designates the award as maintenance, neither I.C. 31-1-11.5-9(c) nor Temple v. Temple, supra, 328 N.E.2d 227 , require special findings of fact. 2 The statute merely compels the trial court to make inquiry and “find” whether there exists incapacity and material effect upon the spouse’s self-supportive ability before awarding maintenance. | 1 | 1978–1978 |
In re of Appraisal of the Estate of Buchanan
neutral
2 sentences1920In the case of Matter of Buchanan (1918), 184 App. Div. 237 , 171 N. Y. 1920In the case of Matter of Buchanan (1918), 184 App. Div. 237 , 171 N. Y. | 1 | 1920–1920 |
Abbott v. Zeigler
green
1 sentence1878Abbott v. Zeigler, 9 Ind. 511 . | 1 | 1878–1878 |
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.