Wright v. Steers, No. 30148

Docket NºNo. 30148
Citation242 Ind. 582, 180 N.E.2d 539
Case DateMarch 13, 1962
CourtSupreme Court of Indiana

Page 539

180 N.E.2d 539
242 Ind. 582
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.
No. 30148.
Supreme Court of Indiana.
March 13, 1962.

[242 Ind. 583]

Page 540

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.

[242 Ind. 592] ARTERBURN, Judge.

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:

'SEC. 11. Notwithstanding the provisions of Section 10 of Chapter 273 of the Acts of 1955, the annual registration fee on each passenger motor vehicle of less than twenty-five (25) horsepower shall be eight dollars ($8.00); the annual registration fee of each passenger motor vehicle of twenty-five (25) horsepower or more shall be twelve dollars ($12.00).'

It is urged that in view of Section 20 (severability clause) the above section is constitutional. Section 20 reads as follows:

'SEC. 20. If any provision of this act or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or [242 Ind. 593] application, and to this end the provisions of this act are declared to be severable.'

We point out that the question as to the constitutionality of Section 11 (the registration fee or license tag tax) 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.

ACHOR, C. J., and JACKSON, BOBBITT and LANDIS, JJ., concur.

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6 practice notes
  • Welsh v. Sells, No. 30442
    • United States
    • Indiana Supreme Court of Indiana
    • October 2, 1963
    ...which may be imposed by the legislature.' Wright et al. v. Steers, Atty. General, et al. (1962), 242 Ind. 582, 585, 179 N.E.2d 721, 723, 180 N.E.2d 539. It is next contended that the title of the Act contravenes Article 4, Section 19 of the Constitution of this state, since it does not noti......
  • State v. Gilbert, No. 30600
    • United States
    • Indiana Supreme Court of Indiana
    • September 23, 1966
    ...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 539. The principal ground for the court's decision was that the Act violated Art. 10, Sec. 1, of the Indiana State Constitution, which provides as 'T......
  • State ex rel. Brune v. Vanderburgh Circuit Court, No. 1270S310
    • United States
    • Indiana Supreme Court of Indiana
    • January 11, 1971
    ...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 mobile homes by providing that the tax would be impose......
  • State ex rel. Metropolitan Thoroughfare Authority of Marion County v. Nutting, No. 30640
    • United States
    • Indiana Supreme Court of Indiana
    • December 23, 1964
    ...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 Acts of Although this Court held ch. 345 of t......
  • Request a trial to view additional results
6 cases
  • Welsh v. Sells, No. 30442
    • United States
    • Indiana Supreme Court of Indiana
    • October 2, 1963
    ...which may be imposed by the legislature.' Wright et al. v. Steers, Atty. General, et al. (1962), 242 Ind. 582, 585, 179 N.E.2d 721, 723, 180 N.E.2d 539. It is next contended that the title of the Act contravenes Article 4, Section 19 of the Constitution of this state, since it does not noti......
  • State v. Gilbert, No. 30600
    • United States
    • Indiana Supreme Court of Indiana
    • September 23, 1966
    ...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 539. The principal ground for the court's decision was that the Act violated Art. 10, Sec. 1, of the Indiana State Constitution, which provides as 'T......
  • State ex rel. Brune v. Vanderburgh Circuit Court, No. 1270S310
    • United States
    • Indiana Supreme Court of Indiana
    • January 11, 1971
    ...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 mobile homes by providing that the tax would be impose......
  • State ex rel. Metropolitan Thoroughfare Authority of Marion County v. Nutting, No. 30640
    • United States
    • Indiana Supreme Court of Indiana
    • December 23, 1964
    ...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 Acts of Although this Court held ch. 345 of t......
  • Request a trial to view additional results

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