long established rule in Mississippi

15 Mississippi opinions name it 2 courts 1955–2020 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 (10)

Case	Followed	Cited
Houston v. Holmesgreen miss · 1947 · cited in 4 Mississippi opinions naming this issue, 2001–2006 2 sentences 2006In reviewing statutes, "this Court follows the long established rule that statutes that are in derogation of the common law are, as a general rule, strictly construed, not extending liability `beyond that which is clearly indicated by its express terms.'" Warren v. Glascoe, 880 So.2d 1034, 1037 (Miss.2004) (quoting Houston v. Holmes, 202 Miss. 300, 303 , 32 So.2d 138, 139 (1947)). 2006In reviewing statutes, "this Court follows the long established rule that statutes that are in derogation of the common law are, as a general rule, strictly construed, not extending liability `beyond that which is clearly indicated by its express terms.'" Warren v. Glascoe, 880 So.2d 1034, 1037 (Miss.2004) (quoting Houston v. Holmes, 202 Miss. 300, 303 , 32 So.2d 138, 139 (1947)).	4	4
WARREN EX REL. WARREN v. Glascoegreen miss · 2004 · cited in 2 Mississippi opinions naming this issue, 2005–2006 2 sentences 2006In reviewing statutes, "this Court follows the long established rule that statutes that are in derogation of the common law are, as a general rule, strictly construed, not extending liability `beyond that which is clearly indicated by its express terms.'" Warren v. Glascoe, 880 So.2d 1034, 1037 (Miss.2004) (quoting Houston v. Holmes, 202 Miss. 300, 303 , 32 So.2d 138, 139 (1947)). 2005In reviewing statutes, “this Court follows the long established rule that statutes that are in derogation of the common law are, as a general rule, strictly construed, not extending liability ‘beyond that which is clearly indicated by its express terms.’” Warren v. Glascoe, 880 So. 2d 1034, 1037 (Miss. 2004) (quoting Houston v. Holmes, 202 Miss. 300, 303 , 32 So. 2d 138, 139 (1947)).	2	2
Union Chevrolet Co. v. Arringtongreen miss · 1932 · cited in 2 Mississippi opinions naming this issue, 1997–1999 2 sentences 1999Vindicated in Moyo , we recognized the long established rule that the courts should act as the superior guardian for all persons under disability: "The court will not and cannot permit the rights of an infant to be prejudiced by any waiver, or omission or neglect or design of a guardian, or of any other person, so far as within the power of the court to prevent or correct." Moyo, 525 So.2d at 1293 (quoting Union Chevrolet Co. v. Arrington, 162 Miss. 816, 826-827 , 138 So. 593, 595 (1932)). ¶ 11. 1999Vindicated in Moyo , we recognized the long established rule that the courts should act as the superior guardian for all persons under disability: "The court will not and cannot permit the rights of an infant to be prejudiced by any waiver, or omission or neglect or design of a guardian, or of any other person, so far as within the power of the court to prevent or correct." Moyo, 525 So.2d at 1293 (quoting Union Chevrolet Co. v. Arrington, 162 Miss. 816, 826-827 , 138 So. 593, 595 (1932)). ¶ 11.	1	2
Draper v. Drapergreen miss · 1993 · cited in 1 Mississippi opinions naming this issue, 2020–2020 1 sentence 2020She also acknowledges the long established principle that “there is no automatic right to an equal division of jointly-accumulated property, but rather, the division is left to the discretion of the court.” Ferguson, 639 So. 2d at 927 (quoting Draper v. Draper, 627 So. 2d 302, 305 (Miss. 1993)).	1	1
Huston v. Kinggreen miss · 1919 · cited in 1 Mississippi opinions naming this issue, 2012–2012 2 sentences 2012It is a long established rule in this state that a question not raised in the trial court will not be considered on appeal.”); Huston v. King, 119 Miss. 347 , 80 So. 779, 779 (1919); Alexander v. Eastland, 37 Miss. 554 , 8 George 554, 1859 WL 5348 , at 3 (Miss.Err. & App.1859). ¶ 39. 2012It is a long established rule in this state that a question not raised in the trial court will not be considered on appeal.”); Huston v. King, 119 Miss. 347 , 80 So. 779, 779 (1919); Alexander v. Eastland, 37 Miss. 554 , 8 George 554, 1859 WL 5348 , at 3 (Miss.Err. & App.1859). ¶ 39.	1	1
Bender v. North Meridian Mobile Home Parkgreen miss · 1994 · cited in 1 Mississippi opinions naming this issue, 2012–2012 1 sentence 2012Relatedly, this Court repeatedly has stated that “a trial judge cannot be put in error on a matter not presented to him.” Southern, 853 So.2d at 1214 (citing Bender v. N. Meridian Mobile Home Park, 636 So.2d 385, 389 (Miss.1994); Mills v. Nichols, 467 So.2d 924, 931 (Miss. 1985)) (emphasis added).	1	1
Mills v. Nicholsgreen miss · 1985 · cited in 1 Mississippi opinions naming this issue, 2012–2012 1 sentence 2012Relatedly, this Court repeatedly has stated that “a trial judge cannot be put in error on a matter not presented to him.” Southern, 853 So.2d at 1214 (citing Bender v. N. Meridian Mobile Home Park, 636 So.2d 385, 389 (Miss.1994); Mills v. Nichols, 467 So.2d 924, 931 (Miss. 1985)) (emphasis added).	1	1
Rutland v. Stewartgreen miss · 1994 · cited in 1 Mississippi opinions naming this issue, 1997–1997 1 sentence 1997However a long established principle under Mississippi law is that "[a]n easement claimed as a right and used continuously, openly, and for a period of ten years or more, is sufficient to establish a right by prescription equivalent to a deed conveying such right." Rutland v. Stewart, 630 So. 2d 996, 999 (Miss. 1994) (citing Jenkins v. McQuaid, 153 Miss. 185, 193 , 120 So. 814, 816 (1928)). ¶9.	1	1
Jenkins v. McQuaidgreen · 1928 · cited in 1 Mississippi opinions naming this issue, 1997–1997 2 sentences 1997However a long established principle under Mississippi law is that "[a]n easement claimed as a right and used continuously, openly, and for a period of ten years or more, is sufficient to establish a right by prescription equivalent to a deed conveying such right." Rutland v. Stewart, 630 So. 2d 996, 999 (Miss. 1994) (citing Jenkins v. McQuaid, 153 Miss. 185, 193 , 120 So. 814, 816 (1928)). ¶9. 1997However a long established principle under Mississippi law is that "[a]n easement claimed as a right and used continuously, openly, and for a period of ten years or more, is sufficient to establish a right by prescription equivalent to a deed conveying such right." Rutland v. Stewart, 630 So. 2d 996, 999 (Miss. 1994) (citing Jenkins v. McQuaid, 153 Miss. 185, 193 , 120 So. 814, 816 (1928)). ¶9.	1	1
Swendick v. Swendickgreen ala · 1930 · cited in 1 Mississippi opinions naming this issue, 1997–1997 1 sentence 1997Vindicated in Moyo, we recognized the long established rule that the courts should act as the superior guardian for all persons under disability: "The court will not and cannot permit the rights of an infant to be prejudiced by any waiver, or omission or neglect or design of a guardian, or of any other person, so far as within the power of the court to prevent or correct." Moyo, 525 So. 2d at 1293 (quoting Union Chevrolet Co. v. Arrington, 162 Miss. 816, 826-827 , 128 So. 593, 595 (1932)). ¶11.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (18)

Case	Cited	Years
Mississippi State Bar Ass'n v. Moyo green miss · 1988 2 sentences 1999Vindicated in Moyo , we recognized the long established rule that the courts should act as the superior guardian for all persons under disability: "The court will not and cannot permit the rights of an infant to be prejudiced by any waiver, or omission or neglect or design of a guardian, or of any other person, so far as within the power of the court to prevent or correct." Moyo, 525 So.2d at 1293 (quoting Union Chevrolet Co. v. Arrington, 162 Miss. 816, 826-827 , 138 So. 593, 595 (1932)). ¶ 11. 1997Vindicated in Moyo, we recognized the long established rule that the courts should act as the superior guardian for all persons under disability: "The court will not and cannot permit the rights of an infant to be prejudiced by any waiver, or omission or neglect or design of a guardian, or of any other person, so far as within the power of the court to prevent or correct." Moyo, 525 So. 2d at 1293 (quoting Union Chevrolet Co. v. Arrington, 162 Miss. 816, 826-827 , 128 So. 593, 595 (1932)). ¶11.	2	1997–1999
Ferguson v. Ferguson green miss · 1994 1 sentence 2020She also acknowledges the long established principle that “there is no automatic right to an equal division of jointly-accumulated property, but rather, the division is left to the discretion of the court.” Ferguson, 639 So. 2d at 927 (quoting Draper v. Draper, 627 So. 2d 302, 305 (Miss. 1993)).	1	2020–2020
Alexander v. Eastland neutral miss · 1859 1 sentence 2012It is a long established rule in this state that a question not raised in the trial court will not be considered on appeal.”); Huston v. King, 119 Miss. 347 , 80 So. 779, 779 (1919); Alexander v. Eastland, 37 Miss. 554 , 8 George 554, 1859 WL 5348 , at *3 (Miss.Err. & App.1859). ¶ 39.	1	2012–2012
Southern v. Mississippi State Hospital green miss · 2003 1 sentence 2012Relatedly, this Court repeatedly has stated that “a trial judge cannot be put in error on a matter not presented to him.” Southern, 853 So.2d at 1214 (citing Bender v. N. Meridian Mobile Home Park, 636 So.2d 385, 389 (Miss.1994); Mills v. Nichols, 467 So.2d 924, 931 (Miss. 1985)) (emphasis added).	1	2012–2012
Hopson v. State green miss · 1993 1 sentence 1999In Hopson v. State, 625 So.2d 395 (Miss.1993), our supreme courL abolished the long established requirement that the accused had to admit the offense with which he was charged in order to have an entrapment instruction submitted to the jury. .	1	1999–1999
Seward v. City of Jackson neutral · 1932 2 sentences 1977It is a long established rule that cities have no powers except those granted by the Legislature, Seward v. City of Jackson, 165 Miss. 478 , 144 So. 686 (1932), and Code section 27-31-57 expressly grants the power of revocation to the Tax Commission, not to municipalities. 1977It is a long established rule that cities have no powers except those granted by the Legislature, Seward v. City of Jackson, 165 Miss. 478 , 144 So. 686 (1932), and Code section 27-31-57 expressly grants the power of revocation to the Tax Commission, not to municipalities.	1	1977–1977
Rush v. State green miss · 1966 2 sentences 1973Rush v. State, 254 Miss. 641 , 182 So.2d 214 (1966). 1973Rush v. State, 254 Miss. 641 , 182 So.2d 214 (1966).	1	1973–1973
Holifield v. Nester Chevrolet Company green miss · 1968 1 sentence 1968This long established rule is sufficiently substantiated by the following cases: McGraw v. Smith, 209 So.2d 900 (Miss.1968); Holifield v. Nester Chevrolet Co., 207 So.2d 636 (Miss.1968); Green v. Pendergraft, 253 Miss. 891 , 179 So.2d 831 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So. 2d 377 (1965); Independent Life & Accident Ins.	1	1968–1968
Peel v. Gulf Transport Co. green miss · 1965 2 sentences 1968This long established rule is sufficiently substantiated by the following cases: McGraw v. Smith, 209 So.2d 900 (Miss.1968); Holifield v. Nester Chevrolet Co., 207 So.2d 636 (Miss.1968); Green v. Pendergraft, 253 Miss. 891 , 179 So.2d 831 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So. 2d 377 (1965); Independent Life & Accident Ins. 1968This long established rule is sufficiently substantiated by the following cases: McGraw v. Smith, 209 So.2d 900 (Miss.1968); Holifield v. Nester Chevrolet Co., 207 So.2d 636 (Miss.1968); Green v. Pendergraft, 253 Miss. 891 , 179 So.2d 831 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So. 2d 377 (1965); Independent Life & Accident Ins.	1	1968–1968
Green v. Pendergraft green miss · 1965 2 sentences 1968This long established rule is sufficiently substantiated by the following cases: McGraw v. Smith, 209 So.2d 900 (Miss.1968); Holifield v. Nester Chevrolet Co., 207 So.2d 636 (Miss.1968); Green v. Pendergraft, 253 Miss. 891 , 179 So.2d 831 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So. 2d 377 (1965); Independent Life & Accident Ins. 1968This long established rule is sufficiently substantiated by the following cases: McGraw v. Smith, 209 So.2d 900 (Miss.1968); Holifield v. Nester Chevrolet Co., 207 So.2d 636 (Miss.1968); Green v. Pendergraft, 253 Miss. 891 , 179 So.2d 831 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So. 2d 377 (1965); Independent Life & Accident Ins.	1	1968–1968
Independent Life & Accident Insurance v. Mullins green miss · 1965 2 sentences 1968Co. v. Mullins, 252 Miss. 644 , 173 So.2d 663 (1965); Phillips v. Dow Chem. 1968Co. v. Mullins, 252 Miss. 644 , 173 So.2d 663 (1965); Phillips v. Dow Chem.	1	1968–1968
McGraw v. Smith green miss · 1968 1 sentence 1968This long established rule is sufficiently substantiated by the following cases: McGraw v. Smith, 209 So.2d 900 (Miss.1968); Holifield v. Nester Chevrolet Co., 207 So.2d 636 (Miss.1968); Green v. Pendergraft, 253 Miss. 891 , 179 So.2d 831 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So. 2d 377 (1965); Independent Life & Accident Ins.	1	1968–1968
Continental Casualty Co. v. Hall green miss · 1918 2 sentences 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous. 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous.	1	1956–1956
Georgia Casualty Co. v. Cotton Mills Products Co. green · 1931 2 sentences 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous. 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous.	1	1956–1956
Brotherhood of Railroad Trainmen v. Bridges green · 1932 2 sentences 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous. 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous.	1	1956–1956
Griffin v. Maryland Cas. Co. green miss · 1952 2 sentences 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous. 1956Griffin v. Maryland Casualty Co., 213 Miss. 624 , 57 So. 2d 486 ; Continental Casualty Co. v. Hall, 118 Miss. 871 , 80 So. 335 ; Georgia Casualty Co. v. Cotton Mills Products Co., 159 Miss. 396 , 132 So. 73 ; Brotherhood of Railroad Trainmen v. Bridges, 164 Miss. 356 , 144 So. 554 ; Farmers Mutual Insurance Association v. Martin, supra. We tbink tbe contract of coverage in tbis case is plain and unambiguous.	1	1956–1956
Lamar v. State green miss · 1885 1 sentence 1955Thus appellant failed to comply with the long established rule of Lamar v. State, 63 Miss. 265 (1885); Bolin v. State, 209 Miss. 866 , 48 So. 2d 581 (1950).	1	1955–1955
BOLIN v. State neutral miss · 1950 2 sentences 1955Thus appellant failed to comply with the long established rule of Lamar v. State, 63 Miss. 265 (1885); Bolin v. State, 209 Miss. 866 , 48 So. 2d 581 (1950). 1955Thus appellant failed to comply with the long established rule of Lamar v. State, 63 Miss. 265 (1885); Bolin v. State, 209 Miss. 866 , 48 So. 2d 581 (1950).	1	1955–1955

Where else courts name it

CA 92 (1932–2025) PA 62 (1894–2020) IL 57 (1896–2025) TX 47 (1908–2017) MO 32 (1898–2024) FL 32 (1903–2023) NJ 23 (1952–2024) MA 23 (1913–2014) AR 21 (1920–1994) OK 21 (1896–2013) KS 20 (1941–2026) NY 20 (1853–2016) MD 19 (1967–2014) AL 18 (1925–1988) ID 17 (1965–2023) IN 16 (1883–2006) VA 16 (1898–2022) CT 15 (1986–2018) TN 15 (1963–2013) MS 15 (1955–2020) NC 13 (1938–2018) WA 12 (1930–2020) KY 11 (1917–2025) AZ 11 (1960–2022) LA 11 (1882–2005) OH 11 (1871–2022) GA 10 (1957–2005) ME 10 (1848–2015) WV 9 (1923–2001) MI 8 (1945–2023) NM 7 (1929–2001) CO 7 (1896–1987) VT 6 (1851–2024) WI 6 (1923–2020) UT 6 (1945–2001) NH 6 (1935–1981) MT 6 (1954–1995) DE 5 (1980–2015) IA 5 (1858–2013) NE 4 (1941–1982) HI 4 (1956–2018) DC 4 (1979–1990) NV 4 (1941–1970) SD 3 (1934–2001) SC 3 (1962–2013) MN 3 (1969–2025) WY 2 (1955–2007) ND 2 (1954–1963)

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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