below committed error (Mississippi) · Go Syfert
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below committed error in Mississippi

16 Mississippi opinions name it 1 courts 1915–2018 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 (1)

CaseFollowedCited
Board of Supervisors v. Stephensongreen
miss · 1931 · cited in 1 Mississippi opinions naming this issue, 1980–1980
2 sentences

1980The court below committed no error in overruling the motion to dismiss the appeal from the board of supervisors. ( 160 Miss. at 380, 381 , 134 So. at 144 ) From the foregoing case, it is apparent that this Court has adopted a liberal attitude toward permitting parties to file bills of exception when an appeal is taken from the orders of the board of supervisors or municipal authorities.

1980The court below committed no error in overruling the motion to dismiss the appeal from the board of supervisors. ( 160 Miss. at 380, 381 , 134 So. at 144 ) From the foregoing case, it is apparent that this Court has adopted a liberal attitude toward permitting parties to file bills of exception when an appeal is taken from the orders of the board of supervisors or municipal authorities.

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 (31)

CaseCitedYears
David Michael Ashmore v. Mississippi Authority on Educational Television green
miss · 2014
1 sentence

2018"In short, if the trial court applies the 'correct legal standard,' [this Court] must affirm the decision regardless of what any [justice] individually might have ruled had [her or she] been the judge, unless there is a 'definite and firm conviction that the court below committed error.' " Ashmore , 148 So.3d at 982 .

12018–2018
Knight v. Johns green
· 1931
2 sentences

1982Cas. 103. ( 161 Miss. at 525-26 , 137 So. at 510 ) * * * * * * The court below committed no error in enjoining the appellant from continuing to arrest the appellee for violation of the ordinance; ... ( 161 Miss. at 527 , 137 So. at 510 ) This Court likewise adhered to the same reasoning in the zoning case of Brooks v. City of Jackson, 211 Miss. 246 , 51 So.2d 274 (1951).

1982Cas. 103. ( 161 Miss. at 525-26 , 137 So. at 510 ) * * * * * * The court below committed no error in enjoining the appellant from continuing to arrest the appellee for violation of the ordinance; ... ( 161 Miss. at 527 , 137 So. at 510 ) This Court likewise adhered to the same reasoning in the zoning case of Brooks v. City of Jackson, 211 Miss. 246 , 51 So.2d 274 (1951).

11982–1982
Brooks v. City of Jackson green
miss · 1951
2 sentences

1982Cas. 103. ( 161 Miss. at 525-26 , 137 So. at 510 ) * * * * * * The court below committed no error in enjoining the appellant from continuing to arrest the appellee for violation of the ordinance; ... ( 161 Miss. at 527 , 137 So. at 510 ) This Court likewise adhered to the same reasoning in the zoning case of Brooks v. City of Jackson, 211 Miss. 246 , 51 So.2d 274 (1951).

1982Cas. 103. ( 161 Miss. at 525-26 , 137 So. at 510 ) * * * * * * The court below committed no error in enjoining the appellant from continuing to arrest the appellee for violation of the ordinance; ... ( 161 Miss. at 527 , 137 So. at 510 ) This Court likewise adhered to the same reasoning in the zoning case of Brooks v. City of Jackson, 211 Miss. 246 , 51 So.2d 274 (1951).

11982–1982
Atkinson v. Felder neutral
miss · 1900
1 sentence

1943Atkinson v. Felder, 78 Miss. 83 , 29 So. 767 ; Enochs-Flowers, etc., v. Bank of Forest, 172 Miss. 36 , 157 So. 711 , 159 So. 407 .

11943–1943
Enochs-Flowers, Ltd. v. Bank of Forest green
miss · 1934
2 sentences

1943Atkinson v. Felder, 78 Miss. 83 , 29 So. 767 ; Enochs-Flowers, etc., v. Bank of Forest, 172 Miss. 36 , 157 So. 711 , 159 So. 407 .

1943Atkinson v. Felder, 78 Miss. 83 , 29 So. 767 ; Enochs-Flowers, etc., v. Bank of Forest, 172 Miss. 36 , 157 So. 711 , 159 So. 407 .

11943–1943
Brown v. State green
· 1935
1 sentence

1935The judgment herein was affirmed ( 158 So. 339 ) on a former day, and we then held that the court below committed no error in admitting in evidence the appellants’ confessions, and that its error, if such it was, in admitting certain other evidence, was cured by its being thereafter excluded.

11935–1935
Moore v. State green
· 1925
2 sentences

1929We think that upon the facts here involved the court below committed no error in adjudicating that probable cause for the search existed, and therefore that .the case comes within the rule announced in the case of Moore v. State, 138 Miss. 116 , 103 So. 483 , that “Belief by a police officer, based on information given him,by a credible person, that intoxicating' liquor is being transported in an automobile is sufficient probable cause to justify a search by him of the automobile without a warrant therefor under section 2, chapter 244, Laws of 1924.” The judgment of the court below will theref

1929We think that upon the facts here involved the court below committed no error in adjudicating that probable cause for the search existed, and therefore that .the case comes within the rule announced in the case of Moore v. State, 138 Miss. 116 , 103 So. 483 , that “Belief by a police officer, based on information given him,by a credible person, that intoxicating' liquor is being transported in an automobile is sufficient probable cause to justify a search by him of the automobile without a warrant therefor under section 2, chapter 244, Laws of 1924.” The judgment of the court below will theref

11929–1929
Nelms v. State neutral
miss · 1872
1 sentence

1925This court’s predecessor, the High Court of Errors and Appeals, so held in Nelms v. State, 13 Smedes & M. 500 , 53 Am.

11925–1925
Jamison v. Dulaney neutral
miss · 1897
1 sentence

1922Jamison v. Dulaney, 74 Miss. 890 , 21 So. 972 ; Curphy v. Terrell, 89 Miss. 624 , 42 So. 235 ; Mims v. Swindle, 124 Miss. 686 , 87 So. 151 .

11922–1922
Hall v. Eastman, Gardiner & Co. green
· 1906
1 sentence

1922Section 775, Code of 1906; Hemingway’s Code, section 558; McCue v. Massey, 90 Miss. 124 , 43 So. 2 ; Jones v. Clemmer, 98 Miss. 508 , 54 So. 4 .

11922–1922
Curphy v. Terrell green
miss · 1906
2 sentences

1922Jamison v. Dulaney, 74 Miss. 890 , 21 So. 972 ; Curphy v. Terrell, 89 Miss. 624 , 42 So. 235 ; Mims v. Swindle, 124 Miss. 686 , 87 So. 151 .

1922Jamison v. Dulaney, 74 Miss. 890 , 21 So. 972 ; Curphy v. Terrell, 89 Miss. 624 , 42 So. 235 ; Mims v. Swindle, 124 Miss. 686 , 87 So. 151 .

11922–1922
McCue v. Massey neutral
miss · 1907
1 sentence

1922Section 775, Code of 1906; Hemingway’s Code, section 558; McCue v. Massey, 90 Miss. 124 , 43 So. 2 ; Jones v. Clemmer, 98 Miss. 508 , 54 So. 4 .

11922–1922
Jones v. R. L. Clemmer & Son neutral
miss · 1910
2 sentences

1922Section 775, Code of 1906; Hemingway’s Code, section 558; McCue v. Massey, 90 Miss. 124 , 43 So. 2 ; Jones v. Clemmer, 98 Miss. 508 , 54 So. 4 .

1922Section 775, Code of 1906; Hemingway’s Code, section 558; McCue v. Massey, 90 Miss. 124 , 43 So. 2 ; Jones v. Clemmer, 98 Miss. 508 , 54 So. 4 .

11922–1922
McCall Co. v. Hughes neutral
· 1912
2 sentences

1922The contracts made by the companies with their agents for the writing of insurance form no part of the agreement as to the rates to be charged for insurance which the court beloAV held had been made by the companies, but are collateral thereto ; and such contracts were held valid in McCall Co. v. Hughes, 102 Miss. 375 , 59 So. 794 , 42 L.

1922The contracts made by the companies with their agents for the writing of insurance form no part of the agreement as to the rates to be charged for insurance which the court beloAV held had been made by the companies, but are collateral thereto ; and such contracts were held valid in McCall Co. v. Hughes, 102 Miss. 375 , 59 So. 794 , 42 L.

11922–1922
Mississippi Central Railroad v. Maples neutral
· 1914
2 sentences

1922The amendment permitted was not the striking out of the name of the original plaintiff and substituting therefor the name of another, as was attempted to be done in Railroad v. Maples, 107 Miss. 720 , 65 So. 644 , but was simply the addition of another necessary party plaintiff “so as to bring the merits of the controversy between the parties fairly to trial;” and the court below committed no error in permitting the amendment to be made.

1922The amendment permitted was not the striking out of the name of the original plaintiff and substituting therefor the name of another, as was attempted to be done in Railroad v. Maples, 107 Miss. 720 , 65 So. 644 , but was simply the addition of another necessary party plaintiff “so as to bring the merits of the controversy between the parties fairly to trial;” and the court below committed no error in permitting the amendment to be made.

11922–1922
Mims v. Swindle green
miss · 1920
2 sentences

1922Jamison v. Dulaney, 74 Miss. 890 , 21 So. 972 ; Curphy v. Terrell, 89 Miss. 624 , 42 So. 235 ; Mims v. Swindle, 124 Miss. 686 , 87 So. 151 .

1922Jamison v. Dulaney, 74 Miss. 890 , 21 So. 972 ; Curphy v. Terrell, 89 Miss. 624 , 42 So. 235 ; Mims v. Swindle, 124 Miss. 686 , 87 So. 151 .

11922–1922
Illinois Central Railroad v. Haynes neutral
miss · 1887
1 sentence

1921The appellee has filed several cross-assignments of error, the only one of which is seriously pressed is that setting forth the overruling by the court below of the following motion made by it after the rendition of the verdict and before judgment was rendered thereon: “Now comes the plaintiff herein by its attorney and moves the court that the verdict herein which was for the plaintiff in the sum of three thousand five hundred dollars carry with it six per cent, interest per annum from June 1, 1918, the same being the date of the conversion of the land herein, and that said interest be added

11921–1921
Freeman v. M. E. & J. K. Wilson green
miss · 1875
1 sentence

1920The case, therefore, comes within the rule and principle of Brooks v. Kelly, 63 Miss. 616 , Hoopes v. Bailey, 28 Miss. 328 , Wallis’ Heirs v. Wilson’s Heirs, 34 Miss. 357 , Freeman v. Wilson, 51 Miss. 329 , and Fultz v. Peterson, 78 Miss. 128 , 28 So. 829 , and the court below committed no error in holding the deed from Campbell to Scarbrough to be in fact a mortgage.

11920–1920
Brooks v. Kelly green
· 1886
1 sentence

1920The case, therefore, comes within the rule and principle of Brooks v. Kelly, 63 Miss. 616 , Hoopes v. Bailey, 28 Miss. 328 , Wallis’ Heirs v. Wilson’s Heirs, 34 Miss. 357 , Freeman v. Wilson, 51 Miss. 329 , and Fultz v. Peterson, 78 Miss. 128 , 28 So. 829 , and the court below committed no error in holding the deed from Campbell to Scarbrough to be in fact a mortgage.

11920–1920
Fultz v. Peterson neutral
miss · 1900
1 sentence

1920The case, therefore, comes within the rule and principle of Brooks v. Kelly, 63 Miss. 616 , Hoopes v. Bailey, 28 Miss. 328 , Wallis’ Heirs v. Wilson’s Heirs, 34 Miss. 357 , Freeman v. Wilson, 51 Miss. 329 , and Fultz v. Peterson, 78 Miss. 128 , 28 So. 829 , and the court below committed no error in holding the deed from Campbell to Scarbrough to be in fact a mortgage.

11920–1920
Hoopes v. Bailey neutral
miss · 1854
1 sentence

1920The case, therefore, comes within the rule and principle of Brooks v. Kelly, 63 Miss. 616 , Hoopes v. Bailey, 28 Miss. 328 , Wallis’ Heirs v. Wilson’s Heirs, 34 Miss. 357 , Freeman v. Wilson, 51 Miss. 329 , and Fultz v. Peterson, 78 Miss. 128 , 28 So. 829 , and the court below committed no error in holding the deed from Campbell to Scarbrough to be in fact a mortgage.

11920–1920
Wallis's Heirs v. Wilson's Heirs neutral
miss · 1857
1 sentence

1920The case, therefore, comes within the rule and principle of Brooks v. Kelly, 63 Miss. 616 , Hoopes v. Bailey, 28 Miss. 328 , Wallis’ Heirs v. Wilson’s Heirs, 34 Miss. 357 , Freeman v. Wilson, 51 Miss. 329 , and Fultz v. Peterson, 78 Miss. 128 , 28 So. 829 , and the court below committed no error in holding the deed from Campbell to Scarbrough to be in fact a mortgage.

11920–1920
Lavigne v. Russ neutral
miss · 1858
1 sentence

1919Lavigne v. Russ, 36 Miss. 326 .

11919–1919
Russell v. State green
miss · 1876
1 sentence

1917Russell v. State, 53 Miss. 367 ; Fortenberry v. State, 55 Miss. 403 ; Smith v. State, 58 Miss. 867 ; Spain v. State, 59 Miss. 19 ; and Cooper v. State, 59 Miss. 264 .

11917–1917
Fortenberry v. State green
· 1877
1 sentence

1917Russell v. State, 53 Miss. 367 ; Fortenberry v. State, 55 Miss. 403 ; Smith v. State, 58 Miss. 867 ; Spain v. State, 59 Miss. 19 ; and Cooper v. State, 59 Miss. 264 .

11917–1917
Smith v. State green
miss · 1881
1 sentence

1917Russell v. State, 53 Miss. 367 ; Fortenberry v. State, 55 Miss. 403 ; Smith v. State, 58 Miss. 867 ; Spain v. State, 59 Miss. 19 ; and Cooper v. State, 59 Miss. 264 .

11917–1917
Spain v. State green
miss · 1881
1 sentence

1917Russell v. State, 53 Miss. 367 ; Fortenberry v. State, 55 Miss. 403 ; Smith v. State, 58 Miss. 867 ; Spain v. State, 59 Miss. 19 ; and Cooper v. State, 59 Miss. 264 .

11917–1917
Gumbel v. Koon neutral
miss · 1881
1 sentence

1917Russell v. State, 53 Miss. 367 ; Fortenberry v. State, 55 Miss. 403 ; Smith v. State, 58 Miss. 867 ; Spain v. State, 59 Miss. 19 ; and Cooper v. State, 59 Miss. 264 .

11917–1917
Crighton v. Dahmer green
miss · 1893
11917–1917
Pleas v. Thomas green
· 1897
1 sentence

1917The court below committed no error in holding that appellee has a right of way by necessarily over appellant Davis’ land (Pleas v. Thomas, 75 Miss. 495 , 22 So. 820 ), but should not have enjoined the prosecution of the criminal proceeding begun in the court of the justice of the peace before appellee’s bill was filed (Crighton v. Dahmer, 70 Miss. 602 , 13 So. 237 , 21 L.

11917–1917
Rainey v. Hinds County neutral
miss · 1900
11915–1915

Where else courts name it

PA 81 (1898–2017) MS 16 (1915–2018) NC 10 (1940–1966) MD 9 (1898–1987) AL 8 (1912–1956) IL 8 (1892–2011) OK 7 (1889–1955) CA 7 (1889–2022) KS 6 (1881–1901) IN 6 (1876–1979) TX 5 (1881–1934) OH 5 (1929–2017) MO 4 (1857–1897) CO 3 (1894–1932) OR 2 (1896–1929) MI 2 (1865–1957) GA 2 (1883–1904) DE 2 (1932–1990) FL 2 (1947–1956)

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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