party complaining instruction (Indiana) · Go Syfert
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party complaining instruction in Indiana

6 Indiana opinions name it 3 courts 1855–1994 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 (2)

CaseFollowedCited
Vanderburgh County Board of Commissioners v. Rittenhousegreen
indctapp · 1991 · cited in 1 Indiana opinions naming this issue, 1994–1994
1 sentence

1994See Vanderburgh County Bd. of Comm'rs v. Rittenhouse (1991), Ind.App., 575 N.E.2d 663, 666 (citing Hills 416 N.E.2d at 462 ).

11
Hills v. AREA PLAN COM'N OF VERMILLION CTY.green
indctapp · 1981 · cited in 1 Indiana opinions naming this issue, 1994–1994
1 sentence

1994See Vanderburgh County Bd. of Comm'rs v. Rittenhouse (1991), Ind.App., 575 N.E.2d 663, 666 (citing Hills 416 N.E.2d at 462 ).

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 (11)

CaseCitedYears
Lang v. Scott neutral
ind · 1825
2 sentences

1930The provisions in the statute here invqlved, pertain to a new right — that of the construction, etc., of any public work, with an adequate remedy for its violation, and the Lang case expressly holds that: “If a statute is introductory of new rights which did not before exist in the country, and prescribes a penalty for their violation, the persons claiming under the act must depend, for the security of the rights thus claimed, upon the provisions therein specified.” In Butler v. State (1855), 6 Ind. 165, 168 , the court, approving Lang v. Scott, supra, thus states the rule: “When a new right i

1855Lang v. Scott, 1 Blackf. 405.—Almy v. Harris, 5 J.

21855–1930
Evansville & Terre Haute Railroad v. Hoffman neutral
indctapp · 1914
2 sentences

1983If the party complaining of the instruction produced evidence supporting his position, but the jury misunderstanding the law because of their reliance on the erroneous instruction rendered a verdict adverse to the complaining party, then it cannot be said the error in the giving of the instruction was rendered harmless because the verdict was "right" or "clearly right." See, Louisville and Southern Indiana Traction Company v. Cotner, (1919) 71 Ind.App. 377 , 125 N.E. 78 ; Diffenderfer v. City of Jeffersonville, (1917) 67 Ind.App. 10 , 118 N.E. 836 ; Evansville and Terre Haute Rail road Company

1983If the party complaining of the instruction produced evidence supporting his position, but the jury misunderstanding the law because of their reliance on the erroneous instruction rendered a verdict adverse to the complaining party, then it cannot be said the error in the giving of the instruction was rendered harmless because the verdict was "right" or "clearly right." See, Louisville and Southern Indiana Traction Company v. Cotner, (1919) 71 Ind.App. 377 , 125 N.E. 78 ; Diffenderfer v. City of Jeffersonville, (1917) 67 Ind.App. 10 , 118 N.E. 836 ; Evansville and Terre Haute Rail road Company

11983–1983
Diffenderfer v. City of Jeffersonville green
indctapp · 1918
2 sentences

1983If the party complaining of the instruction produced evidence supporting his position, but the jury misunderstanding the law because of their reliance on the erroneous instruction rendered a verdict adverse to the complaining party, then it cannot be said the error in the giving of the instruction was rendered harmless because the verdict was "right" or "clearly right." See, Louisville and Southern Indiana Traction Company v. Cotner, (1919) 71 Ind.App. 377 , 125 N.E. 78 ; Diffenderfer v. City of Jeffersonville, (1917) 67 Ind.App. 10 , 118 N.E. 836 ; Evansville and Terre Haute Rail road Company

1983If the party complaining of the instruction produced evidence supporting his position, but the jury misunderstanding the law because of their reliance on the erroneous instruction rendered a verdict adverse to the complaining party, then it cannot be said the error in the giving of the instruction was rendered harmless because the verdict was "right" or "clearly right." See, Louisville and Southern Indiana Traction Company v. Cotner, (1919) 71 Ind.App. 377 , 125 N.E. 78 ; Diffenderfer v. City of Jeffersonville, (1917) 67 Ind.App. 10 , 118 N.E. 836 ; Evansville and Terre Haute Rail road Company

11983–1983
Louisville & Southern Indiana Traction Co. v. Cotner neutral
indctapp · 1919
2 sentences

1983If the party complaining of the instruction produced evidence supporting his position, but the jury misunderstanding the law because of their reliance on the erroneous instruction rendered a verdict adverse to the complaining party, then it cannot be said the error in the giving of the instruction was rendered harmless because the verdict was "right" or "clearly right." See, Louisville and Southern Indiana Traction Company v. Cotner, (1919) 71 Ind.App. 377 , 125 N.E. 78 ; Diffenderfer v. City of Jeffersonville, (1917) 67 Ind.App. 10 , 118 N.E. 836 ; Evansville and Terre Haute Rail road Company

1983If the party complaining of the instruction produced evidence supporting his position, but the jury misunderstanding the law because of their reliance on the erroneous instruction rendered a verdict adverse to the complaining party, then it cannot be said the error in the giving of the instruction was rendered harmless because the verdict was "right" or "clearly right." See, Louisville and Southern Indiana Traction Company v. Cotner, (1919) 71 Ind.App. 377 , 125 N.E. 78 ; Diffenderfer v. City of Jeffersonville, (1917) 67 Ind.App. 10 , 118 N.E. 836 ; Evansville and Terre Haute Rail road Company

11983–1983
Jones, Rec. v. Lathrop-Moyer Co. neutral
indctapp · 1934
2 sentences

1978Jones v. Lathrop-Moyer Company (1934), 99 Ind. App. 127 , 190 N.E. 883 .

1978Jones v. Lathrop-Moyer Company (1934), 99 Ind. App. 127 , 190 N.E. 883 .

11978–1978
Dull v. State green
ind · 1962
2 sentences

1964Dull v. State (1962), 242 Ind. 633, 638 , 180 N. E. 2d 523, 525 .

1964Dull v. State (1962), 242 Ind. 633, 638 , 180 N. E. 2d 523, 525 .

11964–1964
Butler v. State neutral
ind · 1855
1 sentence

1930The provisions in the statute here invqlved, pertain to a new right — that of the construction, etc., of any public work, with an adequate remedy for its violation, and the Lang case expressly holds that: “If a statute is introductory of new rights which did not before exist in the country, and prescribes a penalty for their violation, the persons claiming under the act must depend, for the security of the rights thus claimed, upon the provisions therein specified.” In Butler v. State (1855), 6 Ind. 165, 168 , the court, approving Lang v. Scott, supra, thus states the rule: “When a new right i

11930–1930
Zellers v. State neutral
ind · 1856
1 sentence

1930The provisions in the statute here invqlved, pertain to a new right — that of the construction, etc., of any public work, with an adequate remedy for its violation, and the Lang case expressly holds that: “If a statute is introductory of new rights which did not before exist in the country, and prescribes a penalty for their violation, the persons claiming under the act must depend, for the security of the rights thus claimed, upon the provisions therein specified.” In Butler v. State (1855), 6 Ind. 165, 168 , the court, approving Lang v. Scott, supra, thus states the rule: “When a new right i

11930–1930
City of Greencastle v. Allen neutral
ind · 1873
1 sentence

1930The provisions in the statute here invqlved, pertain to a new right — that of the construction, etc., of any public work, with an adequate remedy for its violation, and the Lang case expressly holds that: “If a statute is introductory of new rights which did not before exist in the country, and prescribes a penalty for their violation, the persons claiming under the act must depend, for the security of the rights thus claimed, upon the provisions therein specified.” In Butler v. State (1855), 6 Ind. 165, 168 , the court, approving Lang v. Scott, supra, thus states the rule: “When a new right i

11930–1930
Storms v. Stevens green
ind · 1885
1 sentence

1930In Storms v. Stevens (1885), 104 Ind. 46 , 37 N. E. 401 , a ditch was constructed by the county commissioners under §§4285 et seq., R.

11930–1930
Scanlin v. Stewart neutral
ind · 1894
1 sentence

1930In Storms v. Stevens (1885), 104 Ind. 46 , 37 N. E. 401 , a ditch was constructed by the county commissioners under §§4285 et seq., R.

11930–1930

Where else courts name it

TX 16 (1891–2022) OH 14 (1936–2025) WI 13 (1977–2020) MT 11 (1957–2006) CA 11 (1914–1977) IN 6 (1855–1994) MS 5 (1992–2023) AL 4 (1844–1977) WV 3 (1885–2026) OR 2 (1949–1950) VA 2 (1892–1896) TN 2 (1930–2015) OK 2 (1996–2003) NM 2 (2023–2023) WY 2 (2013–2013) CT 2 (1946–1995)

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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