has recognized principle (Mississippi) · Go Syfert
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has recognized principle in Mississippi

33 Mississippi opinions name it 2 courts 1912–2019 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Smith v. Stategreen
miss · 1985 · cited in 6 Mississippi opinions naming this issue, 1998–2003
2 sentences

2000"This Court has recognized an exception to procedural bars where a fundamental constitutional right is involved." Maston v. State, 750 So.2d 1234, 1237 (Miss.1999); see Smith v. State, 477 So.2d 191, 195 (Miss.1985).

1998"This Court has recognized an exception to procedural bars where a fundamental constitutional right is involved." Maston v. State, 750 So. 2d 1234, 1237 (Miss. 1999); see Smith v. State, 477 So. 2d 191, 195 (Miss. 1985).

46
Kight v. Sheppard Bldg. Supply, Inc.green
miss · 1989 · cited in 4 Mississippi opinions naming this issue, 1995–2000
2 sentences

2000Kight v. Sheppard Building Supply, Inc., 537 So.2d 1355, 1359 (Miss.1989); see also Carroll v. E.G.

1998Kight v. Sheppard Building Supply, Inc., 537 So.2d 1355, 1359 (Miss.1989); see also Carroll v. E.G.

44
Maston v. Stategreen
miss · 1999 · cited in 4 Mississippi opinions naming this issue, 1998–2003
2 sentences

2003"This Court has recognized an exception to procedural bars where a fundamental constitutional right is involved." Maston v. State , 750 So.2d 1234 , 1237 (Miss. 1999).

2000“This Court has recognized an exception to procedural bars where a fundamental constitutional right is involved.” Maston v. State, 750 So. 2d 1234, 1237 (Miss. 1999).

34
Belknap v. Lyellgreen
miss · 1906 · cited in 2 Mississippi opinions naming this issue, 2012–2014
2 sentences

2014Fortinberry v. Holmes, 89 Miss. 373 , 42 So. 799, 799 (1907).

2012Fortinberry v. Holmes, 42 So. 799, 799 (Miss. 1907).

22
Pickens v. Pickensgreen
miss · 1986 · cited in 2 Mississippi opinions naming this issue, 2001–2004
2 sentences

2004See id. at 875 ; Taylor v. Taylor, 317 So.2d 422, 423 (Miss.1975). ¶ 11.

2001See id. at 875 ; Taylor v. Taylor, 317 So.2d 422, 423 (Miss. 1975). ¶11.

22
Smith by Young v. Estate of Kinggreen
miss · 1991 · cited in 2 Mississippi opinions naming this issue, 2002–2004
2 sentences

2004This Court has recognized this principle in King where it stated that Mississippi due process law requires notice or diligent efforts to secure actual notice be given. 579 So.2d at 1253-54 (relying on Caldwell v. Caldwell, 533 So.2d 413 (Miss.1988)).

2002This Court has recognized this principle in King where it stated that Mississippi due process law requires notice or diligent efforts to secure actual notice be given. 579 So.2d at 1253-54 (relying on Caldwell v. Caldwell, 533 So.2d 413 (Miss. 1988)).

22
Taylor v. Taylorgreen
miss · 1975 · cited in 2 Mississippi opinions naming this issue, 2001–2004
2 sentences

2004See id. at 875 ; Taylor v. Taylor, 317 So.2d 422, 423 (Miss.1975). ¶ 11.

2001See id. at 875 ; Taylor v. Taylor, 317 So.2d 422, 423 (Miss. 1975). ¶11.

22
Conerly v. Stategreen
miss · 2000 · cited in 2 Mississippi opinions naming this issue, 1998–2001
2 sentences

2001Assuming arguendo that Randall did not properly preserve this matter for appeal: "This Court has recognized an exception to procedural bars where a fundamental constitutional right is involved." Conerly v. State, 760 So.2d 737, 740 (Miss.2000).

1998Assuming arguendo that Randall did not properly preserve this matter for appeal: "This Court has recognized an exception to procedural bars where a fundamental constitutional right is involved." Conerly v. State, 760 So.2d 737, 740 (Miss. 2000).

22
Steamboat General Worth v. Hopkinsgreen
miss · 1856 · cited in 2 Mississippi opinions naming this issue, 2006–2019
2 sentences

2019“However, for just as long, this Court has limited this vicarious liability to acts of the employee ‘performed within the scope of the authority conferred.’” Id. (quoting Steamboat General Worth v. Hopkins, 30 Miss. 703, 711 (Miss. 1856).

2006However, for just as long, this Court has limited this vicarious liability to acts of the employee "performed within the scope of the authority conferred." The General Worth v. Hopkins, 30 Miss. 703 , 1856 WL 3945 , *6 (Miss.Err. & App.1856). ¶ 7.

12
Moody v. Moodygreen
miss · 1968 · cited in 1 Mississippi opinions naming this issue, 2016–2016
2 sentences

2016This Court has recognized this principle in the past, stating that “[i]n order to overcome this presumption, there must be a clear showing that the parent is unfit by reason of immoral conduct, abandonment, or other circumstances which clearly indicate that the best interest of the child mil be served in the custody of an other.” Moody, 211 So.2d at 844 (emphasis added).

2016This Court has recognized this principle in the past, stating that “[i]n order to overcome this presumption, there must be a clear showing that the parent is unfit by reason of immoral conduct, abandonment, or other circumstances which clearly indicate that the best interest of the child will be served in the custody of another.” Moody, 211 So. 2d at 844 (emphasis added).

11
Investors Property Management, Ltd. v. WATKINS, PITTS, HILL & ASS'Ngreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992In Investors Property v. Watkins, Pitts, Hill & Assocs., 511 So.2d 1379, 1383 (Miss. 1987), we recently observed: We have found several cases apparently maintaining the proposition that, when the plaintiff accepted money paid, he may still appeal, where the object of the appeal is simply to have a judgment modified by increasing his demand, as where sufficient damages had not been allowed, or where proper interest had not been allowed. (emphasis in original) (quoting Adams, 47 So. at 410 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (20)

CaseCitedYears
In re Estate of Whittington green
miss · 1953
2 sentences

1986Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In Re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 .

1986Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In Re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 .

41958–1986
First Nat. Bank v. Owen green
· 1936
2 sentences

1986Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In Re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 .

1986Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In Re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 .

41958–1986
Hickman v. Slough green
miss · 1940
2 sentences

1986Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In Re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 .

1986Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In Re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 .

41958–1986
Caldwell v. Caldwell green
miss · 1988
2 sentences

2004This Court has recognized this principle in King where it stated that Mississippi due process law requires notice or diligent efforts to secure actual notice be given. 579 So.2d at 1253-54 (relying on Caldwell v. Caldwell, 533 So.2d 413 (Miss.1988)).

2002This Court has recognized this principle in King where it stated that Mississippi due process law requires notice or diligent efforts to secure actual notice be given. 579 So.2d at 1253-54 (relying on Caldwell v. Caldwell, 533 So.2d 413 (Miss. 1988)).

22002–2004
Luckett v. State green
miss · 1991
2 sentences

1999Luckett v. State, 582 So.2d 428 (Miss.1991) (denial of due process in sentencing merited exception from the three year time limit of § 99-39-5); Smith v. State, 477 So.2d 191 (Miss.1985) (denial of due process in sentencing merited an exception from the rule that questions not raised in the trial court cannot be raised for the first time on appeal).

1998Luckett v. State, 582 So. 2d 428 (Miss. 1991) (denial of due process in sentencing merited exception from the three year time limit of § 99-39-5); Smith v. State, 477 So. 2d 191 (Miss. 1985) (denial of due process in sentencing merited an exception from the rule that questions not raised in the trial court cannot be raised for the first time on appeal).

21998–1999
Commercial Bank v. Hearn green
miss · 2006
2 sentences

2019“However, for just as long, this Court has limited this vicarious liability to acts of the employee ‘performed within the scope of the authority conferred.’” Id. (quoting Steamboat General Worth v. Hopkins, 30 Miss. 703, 711 (Miss. 1856).

2019“Since the mid-19th century, this Court has recognized the doctrine of respondeat superior[,] which imputes an employee’s negligence to the employer.” Hearn, 923 So. 2d at 204 .

12019–2019
Fortinberry v. Holmes neutral
miss · 1906
1 sentence

2014Fortinberry v. Holmes, 89 Miss. 373 , 42 So. 799, 799 (1907).

12014–2014
Long v. Stanley green
miss · 1901
1 sentence

2010This Court has recognized the rule that “a plaintiffs deraignment must show: ‘title in himself from the govern *1190 ment down, or he must show title by adverse possession ... or he must show title from the defendant, or that both derive their claim from a common source, and that his is the better title from that source.’ ” Crosswhite v. Golmon, 939 So.2d 831 , 834 n. 1 (Miss.Ct.App.2006) (quoting Long v. Stanley, 79 Miss. 298, 300-01 , 30 So. 823 (1901)).

12010–2010
Crosswhite v. Golmon green
missctapp · 2006
1 sentence

2010This Court has recognized the rule that “a plaintiffs deraignment must show: ‘title in himself from the govern *1190 ment down, or he must show title by adverse possession ... or he must show title from the defendant, or that both derive their claim from a common source, and that his is the better title from that source.’ ” Crosswhite v. Golmon, 939 So.2d 831 , 834 n. 1 (Miss.Ct.App.2006) (quoting Long v. Stanley, 79 Miss. 298, 300-01 , 30 So. 823 (1901)).

12010–2010
Strong v. Bostick green
miss · 1982
1 sentence

1994As to the possibility of the reinstatement question becoming moot, this Court has recognized an exception to the practice which forbids courts from considering moot questions under the doctrine of "capable of repetition yet evading review." See Strong v. Bostick, 420 So.2d 1356 (Miss. 1982); Mississippi High School Activities Ass'n v. Coleman, 631 So.2d 768 (Miss. 1994).

11994–1994
Mississippi HS Activities Ass'n v. Coleman green
miss · 1994
1 sentence

1994As to the possibility of the reinstatement question becoming moot, this Court has recognized an exception to the practice which forbids courts from considering moot questions under the doctrine of "capable of repetition yet evading review." See Strong v. Bostick, 420 So.2d 1356 (Miss. 1982); Mississippi High School Activities Ass'n v. Coleman, 631 So.2d 768 (Miss. 1994).

11994–1994
Adams v. Carter green
miss · 1908
1 sentence

1992In Investors Property v. Watkins, Pitts, Hill & Assocs., 511 So.2d 1379, 1383 (Miss. 1987), we recently observed: We have found several cases apparently maintaining the proposition that, when the plaintiff accepted money paid, he may still appeal, where the object of the appeal is simply to have a judgment modified by increasing his demand, as where sufficient damages had not been allowed, or where proper interest had not been allowed. (emphasis in original) (quoting Adams, 47 So. at 410 ).

11992–1992
Levi v. Mississippi State Bar green
miss · 1983
1 sentence

1986This Court has recognized this principle in Levi Et al v. Mississippi State Bar, 436 So.2d 781 (Miss. 1983) by stating that the purpose of bar disciplinary proceedings are not to punish the lawyer but to vindicate in the eyes of the public the overall reputation of the bar.

11986–1986
Collins'estate v. Dunn, Et Ux. green
miss · 1958
2 sentences

1981Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 . ( 233 Miss. at 644-645 , 103 So.2d at 430 ) An action to enforce an oral agreement to devise the lake-house property here would be unenforceable.

1981Ellis v. Berry, supra; First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough, 187 Miss. 525 , 193 So. 443 ; In re Estate of Whittington, deceased, 217 Miss. 457 , 64 So.2d 580 . ( 233 Miss. at 644-645 , 103 So.2d at 430 ) An action to enforce an oral agreement to devise the lake-house property here would be unenforceable.

11981–1981
Strickland v. Humble Oil & Refining Co. green
miss · 1943
2 sentences

1968Strickland v. Humble Oil & Refining Company, 194 Miss. 194 , 11 So.2d 820 (1943).

1968Strickland v. Humble Oil & Refining Company, 194 Miss. 194 , 11 So.2d 820 (1943).

11968–1968
Illinois Central R.R. Co. v. McNeil green
· 1949
2 sentences

1962Company v. McNeil, 205 Miss. 807 , 39 So. 2d 490 ; Boyd v. Illinois Central Railroad Company, 211 Miss. 409 , 52 So. 2d 21 , this Court has recognized the rule that, under ordinary conditions, the presence of a railroad train or car upon a crossing is adequate notice to a traveler approaching the crossing and the railroad employees need not give additional notice or warning of the danger; and that, in the absence of unusual circumstances, it is not ordinarily negligence to stop a train on a crossing without providing lights to warn users of the highway.

1962Company v. McNeil, 205 Miss. 807 , 39 So. 2d 490 ; Boyd v. Illinois Central Railroad Company, 211 Miss. 409 , 52 So. 2d 21 , this Court has recognized the rule that, under ordinary conditions, the presence of a railroad train or car upon a crossing is adequate notice to a traveler approaching the crossing and the railroad employees need not give additional notice or warning of the danger; and that, in the absence of unusual circumstances, it is not ordinarily negligence to stop a train on a crossing without providing lights to warn users of the highway.

11962–1962
Boyd v. Illinois Central R. R. green
miss · 1951
2 sentences

1962Company v. McNeil, 205 Miss. 807 , 39 So. 2d 490 ; Boyd v. Illinois Central Railroad Company, 211 Miss. 409 , 52 So. 2d 21 , this Court has recognized the rule that, under ordinary conditions, the presence of a railroad train or car upon a crossing is adequate notice to a traveler approaching the crossing and the railroad employees need not give additional notice or warning of the danger; and that, in the absence of unusual circumstances, it is not ordinarily negligence to stop a train on a crossing without providing lights to warn users of the highway.

1962Company v. McNeil, 205 Miss. 807 , 39 So. 2d 490 ; Boyd v. Illinois Central Railroad Company, 211 Miss. 409 , 52 So. 2d 21 , this Court has recognized the rule that, under ordinary conditions, the presence of a railroad train or car upon a crossing is adequate notice to a traveler approaching the crossing and the railroad employees need not give additional notice or warning of the danger; and that, in the absence of unusual circumstances, it is not ordinarily negligence to stop a train on a crossing without providing lights to warn users of the highway.

11962–1962
Shell Petroleum Corp. v. Kennedy green
· 1932
2 sentences

1953In the ease of Shell Petroleum Corporation, et al. v. Kennedy, 167 Miss. 305 , 141 So. 335 , the oil company’s city manager at Meridian was driving with his wife in a company-owned automobile to another town to see about a loan for a prospective purchaser of a gasoline service station, which, if procured, might have resulted in the purchase by the borrower of the gasoline service station and the sale of gasoline and other petroleum products by the oil company to the borrower.

1953In the ease of Shell Petroleum Corporation, et al. v. Kennedy, 167 Miss. 305 , 141 So. 335 , the oil company’s city manager at Meridian was driving with his wife in a company-owned automobile to another town to see about a loan for a prospective purchaser of a gasoline service station, which, if procured, might have resulted in the purchase by the borrower of the gasoline service station and the sale of gasoline and other petroleum products by the oil company to the borrower.

11953–1953
Anthony v. Capel neutral
miss · 1876
1 sentence

1912A stay.of proceédings on a judgment, or an execution, will discharge the surety.” ‘In the case of Harris v. West, 25 Miss. 156 , Yerger, J., in delivering the opinion of the court, said: “This court has recognized the doctrine repeatedly that if a creditor, without the consent of the surety, enters into a contract with the principal, upon a sufficient consideration, to give him an extension of time for a definite period, or enters into any contract with the principhl, which in its consequences may have the effect of giving such an extension of time, the surety is released from his engagement.

11912–1912
Harris v. West neutral
miss · 1852
11912–1912

Statutes the citing opinions construe

MS § Miss. Code Ann. § 91-1-15 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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