statute creates presumption (Indiana) · Go Syfert
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statute creates presumption in Indiana

6 Indiana opinions name it 1 courts 1901–2013 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
Shourek v. Stirlinggreen
ind · 1993 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999Shourek v. Stirling, 621 N.E.2d 1107, 1110 (Ind.1993). 4 However, the parties can rebut that presumption with clear and convincing evidence of a contrary intent.

11
Miles v. Stategreen
ind · 1920 · cited in 1 Indiana opinions naming this issue, 1981–1981
2 sentences

1981See, e. g., Miles v. State, (1928) 189 Ind. 691 , 129 N.E. 10 .

1981See, e. g., Miles v. State, (1928) 189 Ind. 691 , 129 N.E. 10 .

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 (6)

CaseCitedYears
Tarver v. Dix green
indctapp · 1981
1 sentence

2013Tarver v. Dix, 421 N.E.2d 693 (Ind. App. 1981). 8.

12013–2013
Matter of Estate of Banko green
ind · 1993
2 sentences

1995Matter of Estate of Banko (1993), Ind., 622 N.E.2d 476, 480 , reh. denied.

1995Matter of Estate of Banko (1993), Ind., 622 N.E.2d 476, 480 , reh. denied.

11995–1995
Phillips v. State Ex Rel. Hathcock green
indctapp · 1925
2 sentences

1981In Phillips v. State, ex rel., (1925) 82 Ind.App. 356, at 360 , 145 N.E. 895 , at 895 it was stated that: *697 “[T]he presumption could be overcome by proof that the husband was impotent; or that he was entirely absent so as to have had no access to the mother; or was entirely absent at the time the child in the course of nature must have been begotten; or was present only under such circumstances as to afford clear and satisfactory proof that there was no sexual intercourse.” Because the statute creates a presumption rather than a conclusion, the presumption imposed by the development of the

1981In Phillips v. State, ex rel., (1925) 82 Ind.App. 356, at 360 , 145 N.E. 895 , at 895 it was stated that: *697 “[T]he presumption could be overcome by proof that the husband was impotent; or that he was entirely absent so as to have had no access to the mother; or was entirely absent at the time the child in the course of nature must have been begotten; or was present only under such circumstances as to afford clear and satisfactory proof that there was no sexual intercourse.” Because the statute creates a presumption rather than a conclusion, the presumption imposed by the development of the

11981–1981
Merry v. State green
indctapp · 1975
2 sentences

1979Shepherd v. State, (1971) 257 Ind. 229 , 277 N.E.2d 165 ; Merry v. State, (1975) Ind. App., 335 N.E.2d 249 . [6] The State points up that appellant and X had sex prior to their marriage, thus, it is argued, negating the claim that X's knowledge of appellant's lower body was gained solely during the marriage.

1979Shepherd v. State, (1971) 257 Ind. 229, 277 N.E.2d 165 ; Merry v. State, (1975) Ind.App., 335 N.E.2d 249 . .

11979–1979
Shepherd v. State green
ind · 1971
2 sentences

1979Shepherd v. State, (1971) 257 Ind. 229, 277 N.E.2d 165 ; Merry v. State, (1975) Ind.App., 335 N.E.2d 249 . .

1979Shepherd v. State, (1971) 257 Ind. 229, 277 N.E.2d 165 ; Merry v. State, (1975) Ind.App., 335 N.E.2d 249 . .

11979–1979
State v. Union National Bank green
ind · 1896
1 sentence

1901Bank, 145 Ind. 537 , the authorities are reviewed and the conclusion reached that as to an individual the statute creates no exception to the general rule.

11901–1901

Where else courts name it

IL 48 (1925–2025) NY 32 (1913–2026) CA 30 (1931–2025) CT 22 (1927–2003) MO 13 (1895–2006) DC 8 (1880–2018) TX 7 (1976–2016) OH 6 (1870–2011) MN 6 (1981–2018) IN 6 (1901–2013) MS 6 (1987–2009) FL 5 (1990–2021) IA 5 (1927–1999) CO 5 (1978–2019) AL 5 (1873–1930) WA 5 (2015–2017) NJ 4 (2003–2019) LA 4 (1980–2008) WI 4 (1985–2020) NC 4 (1975–2014) MI 4 (1978–2026) OR 4 (1923–2023) PA 4 (1958–2004) ME 3 (1953–2017) AZ 3 (1967–2012) MA 3 (2007–2020) NH 3 (1997–2020) UT 2 (1993–2008) HI 2 (1971–1981) TN 2 (1980–1999) KS 2 (1989–2022) VT 2 (2006–2023) OK 2 (1977–1985)

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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