Pund v. Pund

4 Citing cases

  1. Ind. Planned Parenthood v. Pearson

    716 F.2d 1127 (7th Cir. 1983)   Cited 31 times
    Striking down an Indiana parental notification statute because, among other grounds, it did not even mention appeals

    Where no party objects to venue, the issue is waived. Pund v. Pund, 171 Ind. App. 347, 357 N.E.2d 257 (1976). K. The Waiting Period

  2. Twyman v. State

    459 N.E.2d 705 (Ind. 1984)   Cited 88 times
    In Twyman, the court overruled Stutzman and held that the state, not the petitioner, had the burden of proof as to the laches defense.

    Subject matter jurisdiction concerns whether or not the particular court has jurisdiction over the general class of actions to which the particular case belongs. Pund v. Pund, (1976) 171 Ind. App. 347, 357 N.E.2d 257; Brendanwood Neighborhood Association, Inc. v. Common Council, (1975) 167 Ind. App. 253, 338 N.E.2d 695, trans. denied (1976). Subject matter jurisdiction must be derived from the Constitution or a statute and cannot be conferred by the consent or agreement of the parties. Carpenter v. State, (1977) 266 Ind. 98, 360 N.E.2d 839; City of Marion v. Antrobus, (1983) Ind. App., 448 N.E.2d 325.

  3. Twyman v. State

    452 N.E.2d 434 (Ind. Ct. App. 1983)   Cited 7 times
    In Twyman, the juvenile waited eight years following his criminal court conviction before asserting the jurisdictional claim.

    Subject matter jurisdiction concerns whether or not the particular court has jurisdiction over the general class of actions to which the particular case belongs. Pund v. Pund, (1976) 171 Ind. App. 347, 357 N.E.2d 257; Brendanwood Neighborhood Association, Inc. v. Common Council, (1975) 167 Ind. App. 253, 338 N.E.2d 695, trans. denied (1976). Subject matter jurisdiction must be derived from the Constitution or a statute and cannot be conferred by the consent or agreement of the parties. Carpenter v. State, (1977) 266 Ind. 98, 360 N.E.2d 839; City of Marion v. Antrobus, (1983) Ind. App., 448 N.E.2d 325.

  4. Crowder v. State

    398 N.E.2d 1352 (Ind. Ct. App. 1980)   Cited 5 times
    Holding evidence insufficient to show driver's constructive possession of marijuana found in the pocket of his passenger when there was no evidence that driver ever had the bag in his possession, had knowledge of the presence of the bag in the pocket of his passenger, or had the ability to take it into his possession or to direct its use

    The State argues that Crowder waived the question of improper venue by not requesting a change or transfer of venue upon discovery that the smoking occurred in Vanderburgh County. The cases cited by the State in support of its contention of waiver of venue are State ex rel. Dean v. Tipton Circuit Court, (1962) 242 Ind. 642, 181 N.E.2d 230; and Pund v. Pund, (1976) Ind. App., 357 N.E.2d 257. However, these are civil cases where there is no obligation to establish venue unless venue be questioned by appropriate motion.