case out rule (Tennessee) · Go Syfert
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case out rule in Tennessee

15 Tennessee opinions name it 3 courts 1895–1976 0 in the last five years

The cases below were cited by Tennessee 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Tennessee.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Oliver v. Union Transfer Co. green
tennctapp · 1934
2 sentences

1961Por example, see Granert v. Bauer, 17 Tenn. App. 370, 373 , 67 S. W. (2d) 748 (where driver ran out of road trying to miss a hole); Oliver v. Union Transfer Co., 17 Tenn. App. 694, 698 , 71 S. W. (2d) 478 (where side of road caved in taking the bus with it).

1961Por example, see Granert v. Bauer, 17 Tenn. App. 370, 373 , 67 S. W. (2d) 748 (where driver ran out of road trying to miss a hole); Oliver v. Union Transfer Co., 17 Tenn. App. 694, 698 , 71 S. W. (2d) 478 (where side of road caved in taking the bus with it).

31953–1961
Granert v. Bauer neutral
tennctapp · 1933
2 sentences

1961Por example, see Granert v. Bauer, 17 Tenn. App. 370, 373 , 67 S. W. (2d) 748 (where driver ran out of road trying to miss a hole); Oliver v. Union Transfer Co., 17 Tenn. App. 694, 698 , 71 S. W. (2d) 478 (where side of road caved in taking the bus with it).

1961Por example, see Granert v. Bauer, 17 Tenn. App. 370, 373 , 67 S. W. (2d) 748 (where driver ran out of road trying to miss a hole); Oliver v. Union Transfer Co., 17 Tenn. App. 694, 698 , 71 S. W. (2d) 478 (where side of road caved in taking the bus with it).

31953–1961
Lynumn v. Illinois green
scotus · 1963
2 sentences

1976This alone takes this case out of the framework of Lynumn v. Illinois, 372 U.S. 528 , 83 S.Ct. 917 , 9 L.Ed.2d 922 , where the police officers corroborated the testimony of the defendant in regard to the coercion used to solicit her confession.” The facts of this case are consistent with those in Smith v. State, supra. We therefore think that the case does not support the appellant’s defense contention.

1976This alone takes this case out of the framework of Lynumn v. Illinois, 372 U.S. 528 , 83 S.Ct. 917 , 9 L.Ed.2d 922 , where the police officers corroborated the testimony of the defendant in regard to the coercion used to solicit her confession.” The facts of this case are consistent with those in Smith v. State, supra. We therefore think that the case does not support the appellant’s defense contention.

21974–1976
Vancil v. Evans neutral
· 1867
2 sentences

1956A sale of property such as we are considering for reinvestment necessitates a conversion and a direction by the testator that the property shall not be sold operates to take a case out of the rule stated in Henderson v. Vaulx, supra. It is so recognized in that case and also in Vancil v. Evans, supra. An examination of the decisions leads to the conclusion that the rule requiring a conversion or apportionment of income is not favored and a slight indication that testator desired the life tenant or the trustee for the life tenant to hold the property operates likewise to defeat the application

1945A sale of property such as we are considering for reinvestment necessitates a conversion and a direction by the testator that the property shall not be sold operates to take a case out of the rule stated in Henderson v. Vaulx, supra. It is so recognized in that case and also in Vancil v. Evans, supra. An examination of the decisions leads to the conclusion that the rule requiring a conversion or apportionment of income is not favored and a slight indication that testator desired the life tenant or the trustee for the life tenant to hold the property operates likewise to defeat the application

21945–1956
Henderson v. Vaulx neutral
tenn · 1836
2 sentences

1956A sale of property such as we are considering for reinvestment necessitates a conversion and a direction by the testator that the property shall not be sold operates to take a case out of the rule stated in Henderson v. Vaulx, supra. It is so recognized in that case and also in Vancil v. Evans, supra. An examination of the decisions leads to the conclusion that the rule requiring a conversion or apportionment of income is not favored and a slight indication that testator desired the life tenant or the trustee for the life tenant to hold the property operates likewise to defeat the application

1945A sale of property such as we are considering for reinvestment necessitates a conversion and a direction by the testator that the property shall not be sold operates to take a case out of the rule stated in Henderson v. Vaulx, supra. It is so recognized in that case and also in Vancil v. Evans, supra. An examination of the decisions leads to the conclusion that the rule requiring a conversion or apportionment of income is not favored and a slight indication that testator desired the life tenant or the trustee for the life tenant to hold the property operates likewise to defeat the application

21945–1956
Leach v. McCreary green
tenn · 1945
2 sentences

1956As was said by Mr. Chief Justice Green, speaking for the *466 Supreme Court in Leach v. McCreary, 183 Tenn. 128, 132 , 191 S. W. (2d) 176 , 178: “All the authorities recognize as of proper application in such cases the general rule that the intention of the testator must control.

1956As was said by Mr. Chief Justice Green, speaking for the *466 Supreme Court in Leach v. McCreary, 183 Tenn. 128, 132 , 191 S. W. (2d) 176 , 178: “All the authorities recognize as of proper application in such cases the general rule that the intention of the testator must control.

11956–1956
Ogle v. Tennessee Eastman Corp. green
tenn · 1947
2 sentences

1955Hence, there is nothing to take the case out of the bar of the statute.” The petitioner below relies upon Ogle v. Tennessee Eastman Corporation, 185 Tenn. 527 , 206 S. W. (2d) 909, 911 .

1955Hence, there is nothing to take the case out of the bar of the statute.” The petitioner below relies upon Ogle v. Tennessee Eastman Corporation, 185 Tenn. 527 , 206 S. W. (2d) 909, 911 .

11955–1955
Patton v. Chattanooga green
tenn · 1901
1 sentence

1950Taylor the court permitted Coleman to amend his hill so as to allege that the suit was brought on relation of the State of Tennessee for the use of the county, etc., also that Coleman sued as a taxpayer and that by reason of the unlawful acts of the defendants his tax would be increased, etc., thus taking the case out of the rule announced in Patton v. City of Chattanooga, 108 Tenn. 197 , 65 S. W. 414 .

11950–1950
West Construction Co. v. White neutral
tenn · 1914
1 sentence

1944These conditions im *137 pairing vision ahead take the case out of the rule relied on for defendant announced in West Const. Co. v. White, 130 Tenn., 520 , 172 S. W., 301 .

11944–1944
Bodne v. Austin green
tenn · 1928
2 sentences

1936In Bodne v. Austin, 156 Tenn., 353 , 2 S. W. (2d), 100, 103 , it was insisted that the plaintiff in error was kept in ignorance of the wrong, and that the statute did not run until its discovery.

1936In Bodne v. Austin, 156 Tenn., 353 , 2 S. W. (2d), 100, 103 , it was insisted that the plaintiff in error was kept in ignorance of the wrong, and that the statute did not run until its discovery.

11936–1936
West v. Poor green
mass · 1907
2 sentences

1935West v. Poore, 196 Mass., 183 , 81 N. E., 960 , 11 L.

1935West v. Poore, 196 Mass., 183 , 81 N. E., 960 , 11 L.

11935–1935
Weakley County Road Commissioners v. Illinois Central Railroad neutral
tenn · 1910
1 sentence

1921The stipulation appearing on the minutes does not make a case where the court’s action appears as a part of the technical record so as to take the case out of the rule of cases which “harmonizes the practice in all cases coming to this court from the common-law courts.” 123 Tenn., 257 , 130 S. W., 768 .

11921–1921
McCarty v. Town of Mountain View neutral
tenn · 1916
1 sentence

1921Town of Mountain View, 136 Tenn., 133 , 188 S. W., 595 , and Elrod v. Franklin, 140 Tenn., 228 , 204 S. W., 298 .

11921–1921
Elrod v. Town of Franklin green
tenn · 1917
1 sentence

1921Town of Mountain View, 136 Tenn., 133 , 188 S. W., 595 , and Elrod v. Franklin, 140 Tenn., 228 , 204 S. W., 298 .

11921–1921
Kenicott v. Supervisors green
· 1873
1 sentence

1895Accessorium non ducit, sequítur ]}rincijqc¿Led'‘ This case was followed and approved by the same Court in the case of Kenicot v. The Board of Supervisors of Wayne County, 16 Wall., 452 .

11895–1895

Where else courts name it

NY 38 (1857–2015) TX 29 (1878–1985) PA 23 (1903–1987) CA 16 (1884–2008) TN 15 (1895–1976) MA 14 (1900–1980) GA 14 (1884–1982) NC 13 (1904–1969) IL 12 (1887–1966) FL 10 (1934–2010) KS 10 (1881–1974) IA 9 (1857–1955) MI 9 (1882–1943) OK 8 (1896–1936) NE 7 (1894–1985) IN 6 (1881–1907) NJ 6 (1887–1987) MO 6 (1890–1998) MN 6 (1892–1963) WI 6 (1870–1926) MS 5 (1981–2000) OR 5 (1917–1965) LA 4 (1905–1949) WV 4 (1882–1907) VT 4 (1912–1977) WA 4 (1906–1932) ND 3 (1898–1960) AL 3 (1880–2000) CT 3 (1938–1993) MT 3 (1920–1932) DE 3 (1953–1961) MD 2 (1949–1993) AR 2 (1917–1955) KY 2 (1912–1942)

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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