20 Mississippi opinions name it 2 courts 1998–2022 2 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.
| Case | Followed | Cited |
|---|---|---|
Byrd v. Reesgreen2 sentences2004Although parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule "is subject to many exceptions and is said to be very flexible." Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965). 2004Although parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule "is subject to many exceptions and is said to be very flexible." Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965). | 7 | 7 |
Kdf v. Jlhgreen2 sentences2016“In custody battles between a natural parent and a third party, it is presumed that it is in the child’s best interest to remain with his or her natural parent.” Smith, 97 So.3d at 46 (¶8). “[T]he natural parent presumption [is] a bedrock principle of Mississippi family law.” K.D.F. v. J.L.H., 933 So.2d 971, 980 (¶35) (Miss.2006) (quotation marks omitted). 2016“In custody battles between a natural parent and a third party, it is presumed that it is in the child’s best interest to remain with his or her natural parent.” Smith, 97 So. 3d at 46 (¶8). “[T]he natural parent presumption [is] a bedrock principle of Mississippi family law.” K.D.F. v. J.L.H., 933 So. 2d 971, 980 (¶35) (Miss. 2006) (quotation marks omitted). | 2 | 2 |
Davis v. Vaughngreen2 sentences2016“Giving preference to natural parents, even against those who have stood in their place, honors and protects the fundamental right of natural parents to rear their children.” Davis, 126 So.3d at 37 (¶ 13) (emphasis added). -As. our Supreme Court explained in 1879 and again in 2013, Nature gives to parents that right to the custody of their children which the law merely recognizes and enforces. 2016“Giving preference to natural parents, even against those who have stood in their place, honors and protects the fundamental right of natural parents to rear their children.” Davis, 126 So. 3d at 37 (¶13) (emphasis added). | 2 | 2 |
Continental Jewelry Co. v. Josephgreen2 sentences2007The bedrock rule of contract law is that "[a] written contract is to be upheld unless it is obtained through deceit or misrepresentation." Continental Jewelry Co. v. Joseph, 140 Miss. 582, 585 , 105 So. 639, 639 (1925); Estate of Baxter v. Shaw Assocs., 797 So.2d 396, 399 (Miss.Ct.App.2001). 2007The bedrock rule of contract law is that "[a] written contract is to be upheld unless it is obtained through deceit or misrepresentation." Continental Jewelry Co. v. Joseph, 140 Miss. 582, 585 , 105 So. 639, 639 (1925); Estate of Baxter v. Shaw Assocs., 797 So.2d 396, 399 (Miss.Ct.App.2001). | 2 | 2 |
Estate of Baxter v. Shaw Associates, Inc.green2 sentences2007The bedrock rule of contract law is that "[a] written contract is to be upheld unless it is obtained through deceit or misrepresentation." Continental Jewelry Co. v. Joseph, 140 Miss. 582, 585 , 105 So. 639, 639 (1925); Estate of Baxter v. Shaw Assocs., 797 So.2d 396, 399 (Miss.Ct.App.2001). 2005The bedrock rule of contract law is that “[a] written contract is to be upheld unless it is obtained through deceit or misrepresentation.” Continental Jewelry Co. v. Joseph, 140 Miss. 582, 585 , 105 So. 639, 639 (1925); Estate of Baxter v. Shaw Assocs., 797 So. 2d 396, 399 (Miss. | 2 | 2 |
Terry v. Stategreen1 sentence2022It is a bedrock rule that “when an accused is being tried for a serious offense, the jury is entitled to hear any testimony that the appellant might have in the way of an alibi or defense.” Terry v. State, 718 So. 2d 1115, 1121 (¶28) (Miss. 1998). | 1 | 1 |
Milano v. Stategreen1 sentence2022“Jury instructions must fairly announce the law of the case and not create an injustice against the defendant.” Sharkey v. State, 265 So. 3d 151, 156 (Miss. 2019) (citing Milano v. State, 790 So. 2d 179, 184 (Miss. 2001)). “[T]he court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.” Valentine v. State, 322 So. 3d 417 , 423 (Miss. 2021) (internal quotation mark omitted) (quoting Victory v. State, 83 So. 3d 370, 373 (Miss. 2012)). ¶295. | 1 | 1 |
Eric Ramone Sharkey v. State of Mississippigreen1 sentence2022“Jury instructions must fairly announce the law of the case and not create an injustice against the defendant.” Sharkey v. State, 265 So. 3d 151, 156 (Miss. 2019) (citing Milano v. State, 790 So. 2d 179, 184 (Miss. 2001)). “[T]he court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.” Valentine v. State, 322 So. 3d 417 , 423 (Miss. 2021) (internal quotation mark omitted) (quoting Victory v. State, 83 So. 3d 370, 373 (Miss. 2012)). ¶295. | 1 | 1 |
Victory v. Stategreen1 sentence2022“Jury instructions must fairly announce the law of the case and not create an injustice against the defendant.” Sharkey v. State, 265 So. 3d 151, 156 (Miss. 2019) (citing Milano v. State, 790 So. 2d 179, 184 (Miss. 2001)). “[T]he court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.” Valentine v. State, 322 So. 3d 417 , 423 (Miss. 2021) (internal quotation mark omitted) (quoting Victory v. State, 83 So. 3d 370, 373 (Miss. 2012)). ¶295. | 1 | 1 |
Tunica County v. Hampton Co. National Surety, LLCgreen2 sentences2017Tunica Cty. v. Hampton Co. Nat’l Surety LLC, 27 So. 3d 1128, 1134 (Miss. 2009). 2017Tunica Cty. v. Hampton Co. Nat’l Surety LLC, 27 So.3d 1128, 1134 (Miss. 2009). | 1 | 1 |
In re Smith v. Smithgreen2 sentences2016“In custody battles between a natural parent and a third party, it is presumed that it is in the child’s best interest to remain with his or her natural parent.” Smith, 97 So.3d at 46 (¶8). “[T]he natural parent presumption [is] a bedrock principle of Mississippi family law.” K.D.F. v. J.L.H., 933 So.2d 971, 980 (¶35) (Miss.2006) (quotation marks omitted). 2016“In custody battles between a natural parent and a third party, it is presumed that it is in the child’s best interest to remain with his or her natural parent.” Smith, 97 So. 3d at 46 (¶8). “[T]he natural parent presumption [is] a bedrock principle of Mississippi family law.” K.D.F. v. J.L.H., 933 So. 2d 971, 980 (¶35) (Miss. 2006) (quotation marks omitted). | 1 | 1 |
Little v. v. & G Welding Supply, Inc.green1 sentence2007Final judgment implicates the bedrock doctrine of res judicata, which “reflects the refusal of the law to tolerate a multiplicity of litigation.” Franklin Collection Servs., Inc. v. Stewart, 863 So. 2d 925, 929 (Miss. 2003) (citing Little v. V & G Welding Supply, 704 So. 2d 1336, 1337 (Miss. 1997)). | 1 | 1 |
FRANKLIN COLLECTION SERVICE, INC. v. Stewartgreen1 sentence2007Final judgment implicates the bedrock doctrine of res judicata, which “reflects the refusal of the law to tolerate a multiplicity of litigation.” Franklin Collection Servs., Inc. v. Stewart, 863 So. 2d 925, 929 (Miss. 2003) (citing Little v. V & G Welding Supply, 704 So. 2d 1336, 1337 (Miss. 1997)). | 1 | 1 |
Allen v. Allengreen2 sentences1998Although the supreme court held in Allen v. Allen, 175 Miss. 735, 741 , 168 So. 658, 659 (1936) that parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule "is subject to many exceptions and is said to be very flexible." Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965) (distinguishing Kendrick v. Robertson, 145 Miss. 585 , 111 So. 99, 101-02 (1927)) (emphasis in original). 1998Although the supreme court held in Allen v. Allen, 175 Miss. 735, 741 , 168 So. 658, 659 (1936) that parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule "is subject to many exceptions and is said to be very flexible." Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965) (distinguishing Kendrick v. Robertson, 145 Miss. 585 , 111 So. 99, 101-02 (1927)) (emphasis in original). | 1 | 1 |
Kendrick v. Robertsongreen2 sentences1998Although the supreme court held in Allen v. Allen, 175 Miss. 735, 741 , 168 So. 658, 659 (1936) that parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule "is subject to many exceptions and is said to be very flexible." Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965) (distinguishing Kendrick v. Robertson, 145 Miss. 585 , 111 So. 99, 101-02 (1927)) (emphasis in original). 1998Although the supreme court held in Allen v. Allen, 175 Miss. 735, 741 , 168 So. 658, 659 (1936) that parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule "is subject to many exceptions and is said to be very flexible." Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965) (distinguishing Kendrick v. Robertson, 145 Miss. 585 , 111 So. 99, 101-02 (1927)) (emphasis in original). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Turner v. Terry
green
2 sentences2003Although parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule "is subject to many exceptions and is said to be very flexible." Turner, 799 So.2d at 32 ; Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965). 2003Although parol evidence which contradicts, varies, alters, adds to, or detracts from the written agreement is not admissible, this bedrock rule “is subject to many exceptions and is said to be very flexible.” Turner, 799 So.2d at 32 ; Byrd v. Rees, 251 Miss. 876, 882 , 171 So.2d 864, 867 (1965). | 3 | 2001–2003 |
Kentucky Utilities Company v. Federal Energy Regulatory Commission, Cities of Barbourville, Intervenors
green
2 sentences2015Co. v. F.E.R.C., 760 F.2d 1321 , 1324 n.4 (C.A.D.C. 1985). 2015Co. v. F.E.R.C., 760 F.2d 1321 , 1324 n. 4 (C.A.D.C.1985). | 2 | 2015–2015 |
Texas v. Johnson
green
2 sentences2009Long have our nation’s judges recognized that “[i]f there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Texas v. Johnson, 491 U.S. 397, 414 , 109 S.Ct. 2533 , 105 L.Ed.2d 342 (1989). 2009Long have our nation’s judges recognized that “[i]f there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Texas v. Johnson, 491 U.S. 397, 414 , 109 S.Ct. 2533 , 105 L.Ed.2d 342 (1989). | 2 | 2009–2009 |
Validation of Tax Anticipation Note, Series 2014 v. Humphreys County Board of Supervisors
green
1 sentence2017In re Validation of Tax Anticipation Note, Series 2014 , 187 So.3d 1025 , 1032 (Miss. 2016). | 1 | 2017–2017 |
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.
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.