166 Ind. App. 652 - Theye v. Bates’s Empirical Analysis
1975
Citation profile
5 federal appellate · 12 state decisions
How this case has been cited
Cited by 19 later decisions — most recently February 2018
5 federal appellate · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Perma Life Mufflers, Inc. v. International Parts Corp. · Ayr-Way Stores, Inc. v. Chitwood Ex Rel. Chitwood · 159 Ind. App. 105 - Hunter v. Milhous · 152 Ind. App. 497 - Hiatt v. Yergin · Western Oil & Refining Co. v. Venago Oil Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The expression `in pari delicto' is a portion of the longer Latin sentence, `In pari delicto potior est conditio defendantis,' which means that where the wrong of both parties is equal, the position of the defendant is the stronger.”
2 later decisions quote this exact passage““(B) Amendments to conform to the evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment, but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.””
1 later decision quote this exact passage“It is unlawful for any person to offer or sell any security in this state unless: (1) it is registered under this chapter; or (2) the security or transaction is exempted under section 2 of this chapter. We recognize this statute was amended by P.L. 34-1987, § 281. The amended form did not change the statute in a manner pertinent to the case at bar.”
1 later decision quote this exact passagee.g. Thomas v. Hemmelgarn
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.