Wright v. Steers
| Decision Date | 13 March 1962 |
| Docket Number | No. 30148,30148 |
| Citation | 242 Ind. 582,180 N.E.2d 539 |
| Parties | Fred J. WRIGHT et al., Appellants, v. Edwin K. STEERS, As Attorney General of the State of Indiana, Alva Brewer, As Commissioner of Motor Vehicles of the State of Indiana, et al., Appellees. |
| Court | Indiana Supreme Court |
H. William Irwin, Indianapolis, for appellants.
Obed T. Kilgore, John I. Bradshaw, Jr., Michael Reddington, Barnes, Hickam, Pantzer & Boyd, Andrew Jacobs, Sr., Francis Thomason, Indianapolis, for appellees.
The appellees have filed a petition for rehearing in which they state that this court erred in holding Section 11 of Chapter 345 of the Acts of the General Assembly of 1961, unconstitutional. Section 11 reads as follows:
It is urged that in view of Section 20 (severability clause) the above section is constitutional. Section 20 reads as follows:
We point out that the question as to the constitutionality of Section 11 () was not raised on appeal before us. The point was not briefed. We gave it no consideration in the opinion and did not pass upon the constitutionality of that section. In view of the severability clause, our opinion should not be construed as condemning Section 11 or holding it unconstitutional. That question was simply not presented to us and we did not adjudicate the matter.
The petition for rehearing is denied.
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Welsh v. Sells
...Our duty is to measure the constitutionality of a law by the yardstick of the Constitution.' Wright v. Steers, Atty. General, et al. (1962), 242 Ind. 582, 591, 179 N.E.2d 721, 726. If the action of the General Assembly in passing this law is unwise or imprudent, the remedy is at the polls o......
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State v. Gilbert
...taken to this court which reversed the trial court with directions to enter a judgment for appellants. Wright v. Steers, Atty. General, et al. (1962), 242 Ind. 582, 179 N.E.2d 721. Rehearing denied 180 N.E.2d The principal ground for the court's decision was that the Act violated Art. 10, S......
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State ex rel. Brune v. Vanderburgh Circuit Court, 1270S310
...in lieu of the ad valorem property tax. This statute was also declared unconstitutional by this court in Wright v. Steers, Attorney General et al. (1962), 242 Ind. 582, 179 N.E.2d 721, 180 N.E.2d 539, for the reason that, said Chapter 345 proposed to specifically exempt motor vehicles and m......
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State ex rel. Metropolitan Thoroughfare Authority of Marion County v. Nutting
...contended Sec. 11, ch. 345 of the Acts of 1961 is unconstitutional in view of this Court's opinion in Wright v. Steers, Atty. General, et al. (1962), 242 Ind. 582, 179 N.E.2d 721, 180 N.E.2d 539, and that said section therefore could not have repealed portions of Sec. 10, ch. 273 of the Act......