presumption waiver (Mississippi) · Go Syfert
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presumption waiver in Mississippi

15 Mississippi opinions name it 2 courts 1894–2013 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 (2)

CaseFollowedCited
Faries v. Fariesgreen
miss · 1992 · cited in 2 Mississippi opinions naming this issue, 1996–1998
2 sentences

1998See also Faries v. Faries, 607 So.2d 1204, 1209 (Miss.1992)(rejecting tender years argument to affirm chancellor's award of custody to father of six-year-old daughter and three-year-old son). ¶ 26.

1996See also Faries v. Faries, 607 So. 2d 1204, 1209 (Miss. 1992)(rejecting tender years argument to affirm chancellor's award of custody to father of six-year-old daughter and three-year-old son). ¶26.

22
Law v. Pagegreen
miss · 1993 · cited in 2 Mississippi opinions naming this issue, 1996–1998
2 sentences

1998Further, in Law v. Page, 618 So.2d 96, 100 (Miss.1993), affirming the chancellor's order awarding a father custody of his fourteenmonth-old son born out-of-wedlock, we noted that the tender years doctrine was not absolute; rather, it was a presumption and not a rule.

1996Further, in Law v. Page, 618 So. 2d 96, 100 (Miss. 1993), affirming the chancellor's order awarding a father custody of his fourteen- month-old son born out-of-wedlock, we noted that the tender years doctrine was not absolute; rather, it was a presumption and not a rule.

22

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 (9)

CaseCitedYears
Boykin v. Alabama green
scotus · 1969
2 sentences

2000Id. at 242 , 89 S.Ct. 1709 .

2000Id. at 242 , 89 S.Ct. 1709 .

32000–2000
Foster v. State green
miss · 1996
2 sentences

2000Id. at 1130 .

1997Id. at 1130 .

31997–2000
Carter v. State green
miss · 1986
1 sentence

2013Carter, 493 So.2d at 330 .

12013–2013
Vielee v. State green
miss · 1995
1 sentence

1999Vielee, 653 So.2d at 922 .

11999–1999
Stringer v. State green
miss · 1984
1 sentence

1996Stringer, 454 So.2d at 477 .

11996–1996
Splain v. Hines green
miss · 1992
1 sentence

1993Justice Robertson, writing for the Court in a recent darting child case, Splain v. Hines, 609 So.2d 1234 , 1242 (Miss. 1992), emphasized that "because the darting child phenomenon is one we can appreciate and because practically every parent beats it into his or her child he or she should be careful entering streets, the presumption instruction was not necessary." Splain, however, was a decision with strong dissenting views.

11993–1993
Washington v. Greenville Mfg. & MacHine Works green
miss · 1969
1 sentence

1970A doctor testified that the deceased worker “died of a heart attack which was due 100 percent to a preexisting condition and had no relation to his employment.” This Court, after having again repeated the presumption rule above set out, stated: “ * '* * Assuming that the testimony of the doctor is sufficient evidence to support the finding by the commission that Washington died as a. result of a heart attack, there is still the presumption that the heart attack resulting in death was causally connected to Washington’s work activities. * * * ” ( 223 So.2d at 646 ).

11970–1970
Fort Pierce Growers Association v. Storey neutral
fla · 1945
2 sentences

1953Fort Pierce Growers Ass’n v. Storey, 155 Fla. 769 , 21 So. 2d 451 .

1953Fort Pierce Growers Ass’n v. Storey, 155 Fla. 769 , 21 So. 2d 451 .

11953–1953
Buck v. Payne green
· 1876
1 sentence

1894A party may waive the lien by contract (Buck v. Payne, 52 Miss., 271 ); and if the security taken is inconsistent with that given by law, this, as to innocent purchasers at least, is a waiver.

11894–1894

Statutes the citing opinions construe

MS § Miss. Code Ann. § 13-5-1 (3) MS § Miss. Code Ann. § 13-5-23 (3) MS § Miss. Code Ann. § 13-5-25 (3) MS § Miss. Code Ann. § 13-5-77 (3) MS § Miss. Code Ann. § 99-15-35 (3) MS § Miss. Code Ann. § 99-17-9 (3)

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

TX 159 (1926–2026) MI 135 (1857–2026) CA 90 (1866–2026) MO 51 (1858–2024) IL 46 (1890–2026) OH 44 (1956–2026) IN 43 (1896–2025) NY 39 (1904–2026) WA 32 (1894–2026) FL 30 (1914–2025) NJ 28 (1895–2026) MD 27 (1868–2026) PA 26 (1916–2025) AK 23 (1974–2025) OK 21 (1924–2012) CT 18 (1904–2021) AL 18 (1873–2026) GA 17 (1927–2024) MN 17 (1940–2024) UT 16 (1887–2025) MS 15 (1894–2013) OR 15 (1914–2020) WI 14 (1930–2021) HI 13 (1987–2025) NM 13 (1930–2025) WY 13 (1960–2024) ND 13 (1960–2023) IA 12 (1920–2025) CO 12 (1984–2024) MA 11 (1903–2024) TN 10 (1992–2019) AZ 10 (1970–2026) VA 10 (1903–2024) MT 10 (1896–2025) NE 9 (1906–2025) AR 9 (1968–2002) DC 9 (1986–2024) KY 9 (1922–2016) NV 9 (1926–2017) LA 9 (1965–2021) KS 9 (1979–2024) NC 7 (1900–2016) SD 6 (1927–2023) VT 5 (1974–2011) DE 4 (1911–2016) WV 4 (1951–2025) RI 4 (1951–2025) ME 4 (1848–1973) NH 4 (1926–2007) SC 3 (1930–2016) ID 2 (1967–1980)

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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