17 Mississippi opinions name it 2 courts 1895–2023 1 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 |
|---|---|---|
The Bremen v. Zapata Off-Shore Co.red2 sentences2006Moreover, "the resisting party bears the burden of showing that the enforcement of the clause is unreasonable." Titan Indem., 895 So.2d at 146 (citing Zapata, 92 S.Ct. at 1917 ). ¶ 14. 2005Moreover, “the resisting party bears the burden of showing that the enforcement of the clause is unreasonable.” Titan Indem., 895 So. 2d at 146 (citing Zapata, 92 S.Ct. at 1917 ). ¶14. | 6 | 7 |
Long Beach Auto Auction v. United SEC.green1 sentence2017To support its argument, Stevens cites Long Beach Auto Auction, Inc. v. United Security Alliance, Inc., 936 So.2d 351, 355 (¶ 13) (Miss. 2006), where the Mississippi Supreme Court held: Forum selection clauses are presumptively valid and enforceable, unless the resisting party can show: (1)[The] incorporation [of the clause] into the contract was the result of fraud, undue influence or overweening bargaining power; (2) The selected forum is: so gravely difficult and inconvenient that the resisting party will for all practical purposes be deprived of its day in court; or (3) The enforcement of | 1 | 1 |
Meadows v. Blakegreen2 sentences2012Discussing Horton , in a specially concurring opinion joined by a six-member majority of this Court, we have held that “the defendant generally must timely raise all affirmative defenses, but if the defense is one which would terminate the litigation, the defendant must also timely pursue the enforcement of the defense.” Meadows v. Blake, 36 So.3d 1225, 1234 (Miss.2010) (Waller, C.J., specially concurring). 2012However, “these requirements presuppose that the defendant knows or should know that the defense would (not could) terminate the case.” Meadows, 36 So.3d at 1234 (Waller, C.J., specially concurring) (emphasis in original). | 1 | 1 |
Overbey v. Murraygreen1 sentence2011Our Review ¶ 18. “[A]n appeal from denial of [a Rule 60(b) ] motion brings up for review only the order of denial itself and not the underlying judgment.” Overbey v. Murray, 569 So.2d 303, 305 (Miss.1990) (citations omitted). | 1 | 1 |
Slaydon v. Stategreen1 sentence1973It is hardly conceivable that defendant had planned the stealing of the steer for months before he actually stole him, and in preparation of a defense he roamed over the country searching for the steer and ‘making evidence for himself.’ The enforcement of such a rule is to deny the defendant the benefit of the presumption of innocence.” 102 Miss, at 112, 58 So. at 977-978. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Titan Indemnity Co. v. Hood
green
2 sentences2006Moreover, "the resisting party bears the burden of showing that the enforcement of the clause is unreasonable." Titan Indem., 895 So.2d at 146 (citing Zapata, 92 S.Ct. at 1917 ). ¶ 14. 2005Moreover, “the resisting party bears the burden of showing that the enforcement of the clause is unreasonable.” Titan Indem., 895 So. 2d at 146 (citing Zapata, 92 S.Ct. at 1917 ). ¶14. | 5 | 2005–2023 |
Ridge of Brooklyn Realty Co. v. Offerman
green
1 sentence2014Ridge of Brooklyn Realty Co. v. Offerman, 149 A.D. 878 , 134 N.Y.S. 788 (N.Y.App.Div. 1912) (“The enforcement of the rule is never permitted to interfere with the legal rights of the mortgagee, but at the most it controls the method or order in which his rights may be enforced, and forbids him to wantonly disregard the equitable rights of others of which he has knowledge.”). ¶ 25. | 1 | 2014–2014 |
Ridge of Brooklyn Realty Co. v. Offerman
neutral
1 sentence2014Ridge of Brooklyn Realty Co. v. Offerman, 149 A.D. 878 , 134 N.Y.S. 788 (N.Y.App.Div. 1912) (“The enforcement of the rule is never permitted to interfere with the legal rights of the mortgagee, but at the most it controls the method or order in which his rights may be enforced, and forbids him to wantonly disregard the equitable rights of others of which he has knowledge.”). ¶ 25. | 1 | 2014–2014 |
Butler v. State
green
1 sentence1977Butler v. State, 320 So.2d 786 (Miss. 1975). | 1 | 1977–1977 |
Mattox v. United States
green
2 sentences1967The respective advantages and disadvantages of a relaxation of the rule are so problematical that courts have, with great uniformity, refused to recognize the exception. ( 156 U.S. at 250 , 15 S.Ct. at 342-343 , 39 L.Ed. at 413 ). 1967The respective advantages and disadvantages of a relaxation of the rule are so problematical that courts have, with great uniformity, refused to recognize the exception. ( 156 U.S. at 250 , 15 S.Ct. at 342-343 , 39 L.Ed. at 413 ). | 1 | 1967–1967 |
Cummins v. State
neutral
2 sentences1934But when the witness who gave the testimony admits on the hearing to set aside the judgment that the material testimony which he gave on the trial in which the judgment was obtained was untrue, and when the party who introduced that testimony, and allowed it to stand in the record as true, and thus vouched for it as true and obtained judgment by that use, admits on the second hearing that he personally knew at the time of the original trial that the testimony in question was untrue, then the existence of the fatally poisonous elements are clearly established; they are admitted; and there is no 1934But when the witness who gave the testimony admits on the hearing to set aside the judgment that the material testimony which he gave on the trial in which the judgment was obtained was untrue, and when the party who introduced that testimony, and allowed it to stand in the record as true, and thus vouched for it as true and obtained judgment by that use, admits on the second hearing that he personally knew at the time of the original trial that the testimony in question was untrue, then the existence of the fatally poisonous elements are clearly established; they are admitted; and there is no | 1 | 1934–1934 |
Ball v. Phelan
green
1 sentence1916Our court had occasion to discuss devises by implication in Ball v. Phelan, 94 Miss. 293 , 49 So. 956 , 23 L. | 1 | 1916–1916 |
Cook v. Reynolds
neutral
1 sentence1895Cook v. Reynolds, 58 Miss., 243 ; Nolan v. Snodgrass, 70 Ib., 794. | 1 | 1895–1895 |
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.