174 Ind. App. 520 - Hilligoss v. LaDow’s Empirical Analysis
1977
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently October 2012 · most notably Seymour National Bank v. State (1981), Lugar v. State Ex Rel. Lee (1978)
28 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 Indiana State Highway Commission v. White · State Ex Rel. Bynum v. LaPorte Superior Court No. 1 · Epmeier v. United States · 143 Ind. App. 419 - State Bd. of Tax Comm. v. Methodist Home for Aged · 156 Ind. App. 59 - City of Muncie v. Campbell
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Our conclusion that this annual cash allowance for clothing is not salary within the meaning of the pension provisions follows from an examination of the respective statutes. As we have interpreted the term here, “salary” does not include all forms of compensation, only that renumeration which is paid on a regular and periodic basis in exchange for services.. Admittedly, the clothing allowance is a form of compensation in that it does relieve the recipient of the necessity of making clothing expenditures from his usual remuneration. But the annual cash payment is supplemental to, and not an integral part of, the employee’s regular salary. The statutory scheme underscores this distinction in the very existence of a separate clothing allowance authorization. . . . Moreover, an analysis of the intent and purpose behind IC 19-1-10-1, swpra, indicates that the clothing allowance is not paid in exchange for services. . . . Under the terms of the statute, the City can require its police and fire personnel to provide their own clothing only upon payment of the annual cash allowance. The allowance is thus intended to help the recipient offset whatever cleaning, repair, and replacement costs he or she is likely to incur in furnishing and maintaining uniform, clothing, arms and equipment.”
1 later decision quote this exact passage““All cities of the first, second, third, fourth and fifth classes having regularly organized and paid police and fire departments shall provide for use by the active members of such police and fire departments of all uniforms, clothing, arms and equipment necessary to the performance of their respective duties: Provided, That after one [1] year of regular service in said departments, any such member thereof may be required by such city to furnish and maintain all of his uniform, clothing, arms and equipment upon the payment to such member by such city an annual cash allowance of not less than two hundred dollars [$200]: Provided further, That a city of first, second, third, fourth, or fifth class may credit such a uniform allowance to each individual officer as against his purchases during any calendar year and provide for the payment of any cash balance remaining at the end of the calendar year.””
1 later decision quote this exact passage““In general, a salary is always earned, whereas the term ‘allowance’ may refer either to a gratuity or a repayment. Webster’s Third New International Dictionary (1971), p. 58, defines allowance as ‘a sum granted as reimbursement or a bounty, or as appropriate for any purpose . . .; a fixed and, usually, restricted quantity.’ ” 368 N.E.2d at 1371, n. 9 .”
1 later decision quote this exact passage
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.