obvious requirement (Mississippi) · Go Syfert
← Mississippi issues

obvious requirement in Mississippi

14 Mississippi opinions name it 3 courts 1844–2026 2 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 (7)

CaseFollowedCited
Eugene Martin v. State of Mississippigreen
miss · 2017 · cited in 2 Mississippi opinions naming this issue, 2018–2026
2 sentences

2026Additionally, “[a]n illegal sentence is an obvious error subject to plain-error review.” Swinney v. State, 241 So. 3d 599, 606 (¶17) (Miss. 2018) (quoting Martin v. State, 214 So. 3d 217, 220 (¶6) (Miss. 2017)). ¶9.

2018"An illegal sentence is an obvious error subject to plain-error review." Martin v. State , 214 So.3d 217 , 220 (¶ 6) (Miss. 2017).

12
Tony Swinney v. State of Mississippigreen
miss · 2018 · cited in 1 Mississippi opinions naming this issue, 2026–2026
1 sentence

2026Additionally, “[a]n illegal sentence is an obvious error subject to plain-error review.” Swinney v. State, 241 So. 3d 599, 606 (¶17) (Miss. 2018) (quoting Martin v. State, 214 So. 3d 217, 220 (¶6) (Miss. 2017)). ¶9.

11
Stephen Nolan v. State of Mississippigreen
missctapp · 2016 · cited in 1 Mississippi opinions naming this issue, 2020–2020
1 sentence

2020But “an obvious error which was not properly raised by the defendant and which affects a defendant’s fundamental, substantive right can be addressed under the plain-error doctrine.” Nolan v. State, 182 So. 3d 484, 492 (¶28) (Miss.

11
Faron Young v. State of Mississippigreen
missctapp · 2018 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019“Under the plain-error doctrine, this Court may exercise discretion to correct an obvious error the defendant failed to properly raise—but only where the error affects the defendant’s fundamental, substantive rights.” Young v. State, 271 So. 3d 650, 657 (¶26) (Miss.

11
Conner v. Stategreen
miss · 2014 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017An illegal sentence is an obvious error subject to plain-error review. 5 See *221 Conner v. State, 138 So.3d 143, 150-51 (¶ 19) (Miss. 2014) (citing Grayer v. State, 120 So.3d 964, 969 (Miss. 2013)).

11
Grayer v. Stategreen
miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017An illegal sentence is an obvious error subject to plain-error review. 5 See *221 Conner v. State, 138 So.3d 143, 150-51 (¶ 19) (Miss. 2014) (citing Grayer v. State, 120 So.3d 964, 969 (Miss. 2013)).

11
State v. Michaelgreen
miss · 1947 · cited in 1 Mississippi opinions naming this issue, 1979–1979
1 sentence

1979ON THE MERITS In Superior, supra, the court quoted from Masonite Corporation v. Burnham, 164 Miss. 840 , 146 So. 292, 293 , 91 A.L.R. 752 (1933), “The fact of the appointment of such an agent must be proven,” and from Ex Parte Latham, 161 Miss. 243 , 136 So. 625 (1931), “[i]t is to state an obvious requirement of our practice that the fact of the service of notice or citation must be officially shown of record, without which the court cannot proceed to judgment.” In Superior, supra, 200 Miss, at 792, 29 So.2d at 117, it said: When this is done, [supplemental record stricken] the record of the

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 (15)

CaseCitedYears
Ex Parte Latham neutral
miss · 1931
2 sentences

1979ON THE MERITS In Superior, supra, the court quoted from Masonite Corporation v. Burnham, 164 Miss. 840 , 146 So. 292, 293 , 91 A.L.R. 752 (1933), “The fact of the appointment of such an agent must be proven,” and from Ex Parte Latham, 161 Miss. 243 , 136 So. 625 (1931), “[i]t is to state an obvious requirement of our practice that the fact of the service of notice or citation must be officially shown of record, without which the court cannot proceed to judgment.” In Superior, supra, 200 Miss, at 792, 29 So.2d at 117, it said: When this is done, [supplemental record stricken] the record of the

1979ON THE MERITS In Superior, supra, the court quoted from Masonite Corporation v. Burnham, 164 Miss. 840 , 146 So. 292, 293 , 91 A.L.R. 752 (1933), “The fact of the appointment of such an agent must be proven,” and from Ex Parte Latham, 161 Miss. 243 , 136 So. 625 (1931), “[i]t is to state an obvious requirement of our practice that the fact of the service of notice or citation must be officially shown of record, without which the court cannot proceed to judgment.” In Superior, supra, 200 Miss, at 792, 29 So.2d at 117, it said: When this is done, [supplemental record stricken] the record of the

21947–1979
Williams v. State green
miss · 1989
1 sentence

2023Id. (reiterating that “[t]he purpose of rebuttal testimony is to explain, repel, counteract or disprove evidence by the adverse party”).

12023–2023
Smith v. State green
miss · 2008
1 sentence

2018Conners v. State , 92 So.3d 676 , 684 (¶ 15) (Miss. 2012) (citing Smith v. State , 986 So.2d 290 , 294 (¶ 10) (Miss. 2008) ).

12018–2018
Conners v. State green
miss · 2012
1 sentence

2018Conners v. State , 92 So.3d 676 , 684 (¶ 15) (Miss. 2012) (citing Smith v. State , 986 So.2d 290 , 294 (¶ 10) (Miss. 2008) ).

12018–2018
In Re Proposed Initiative Measure No. 20 green
miss · 2000
2 sentences

2011Measure 20, 774 So.2d at 402 , stands for the premise that a pre-election challenge to a proposed amendment may properly be had in circuit court to determine whether the amendment meets minimum statutory and constitutional requirements.

2011Measure 20, 774 So.2d at 402 , stands for the premise that a pre-election challenge to a proposed amendment may properly be had in circuit court to determine whether the amendment meets minimum statutory and constitutional requirements.

12011–2011
Weems v. American SEC. Ins. Co. green
miss · 1986
1 sentence

1996This Court, in Weems v. American Security Insurance Co., 486 So.2d 1222 (Miss. 1986), held: There is an obvious exception to this general rule.

11996–1996
Masonite Corp. v. Burnham green
· 1933
2 sentences

1979ON THE MERITS In Superior, supra, the court quoted from Masonite Corporation v. Burnham, 164 Miss. 840 , 146 So. 292, 293 , 91 A.L.R. 752 (1933), “The fact of the appointment of such an agent must be proven,” and from Ex Parte Latham, 161 Miss. 243 , 136 So. 625 (1931), “[i]t is to state an obvious requirement of our practice that the fact of the service of notice or citation must be officially shown of record, without which the court cannot proceed to judgment.” In Superior, supra, 200 Miss, at 792, 29 So.2d at 117, it said: When this is done, [supplemental record stricken] the record of the

1979ON THE MERITS In Superior, supra, the court quoted from Masonite Corporation v. Burnham, 164 Miss. 840 , 146 So. 292, 293 , 91 A.L.R. 752 (1933), “The fact of the appointment of such an agent must be proven,” and from Ex Parte Latham, 161 Miss. 243 , 136 So. 625 (1931), “[i]t is to state an obvious requirement of our practice that the fact of the service of notice or citation must be officially shown of record, without which the court cannot proceed to judgment.” In Superior, supra, 200 Miss, at 792, 29 So.2d at 117, it said: When this is done, [supplemental record stricken] the record of the

11979–1979
Talbert v. Ellzey green
miss · 1948
1 sentence

1975This obvious error next appears in McGee v. State, 203 Miss. 609 , 35 So.2d 628 (1948), citing Mayflower Mills v. Breeland, supra .

11975–1975
McGee v. State green
miss · 1948
1 sentence

1975This obvious error next appears in McGee v. State, 203 Miss. 609 , 35 So.2d 628 (1948), citing Mayflower Mills v. Breeland, supra .

11975–1975
Brotherhood of Railroad Trainmen v. Agnew green
· 1934
2 sentences

1947If and when that is done there can be no further question as to the jurisdiction of the circuit court for the Ellisville district. ’ ’ In Ex parte Latham, 161 Miss. 243 , 136 So. 625 , %e-said that: “It is to state an obvious requirement of our practice that the fact of the service of notice of citation must be officially shown of record, without which the court can *790 not proceed to judgment. ’ ’ See also Brotherhood of Railway Trainmen v. Agnew, 170 Miss. 604 , 155 So. 205 ; and Universal Life Insurance Co. v. Catchings, 169 Miss. 26 , 152 So. 817 , where it was held to be the duty of the

1947If and when that is done there can be no further question as to the jurisdiction of the circuit court for the Ellisville district. ’ ’ In Ex parte Latham, 161 Miss. 243 , 136 So. 625 , %e-said that: “It is to state an obvious requirement of our practice that the fact of the service of notice of citation must be officially shown of record, without which the court can *790 not proceed to judgment. ’ ’ See also Brotherhood of Railway Trainmen v. Agnew, 170 Miss. 604 , 155 So. 205 ; and Universal Life Insurance Co. v. Catchings, 169 Miss. 26 , 152 So. 817 , where it was held to be the duty of the

11947–1947
Universal Life Ins. Co. v. Catchings neutral
miss · 1934
2 sentences

1947If and when that is done there can be no further question as to the jurisdiction of the circuit court for the Ellisville district. ’ ’ In Ex parte Latham, 161 Miss. 243 , 136 So. 625 , %e-said that: “It is to state an obvious requirement of our practice that the fact of the service of notice of citation must be officially shown of record, without which the court can *790 not proceed to judgment. ’ ’ See also Brotherhood of Railway Trainmen v. Agnew, 170 Miss. 604 , 155 So. 205 ; and Universal Life Insurance Co. v. Catchings, 169 Miss. 26 , 152 So. 817 , where it was held to be the duty of the

1947If and when that is done there can be no further question as to the jurisdiction of the circuit court for the Ellisville district. ’ ’ In Ex parte Latham, 161 Miss. 243 , 136 So. 625 , %e-said that: “It is to state an obvious requirement of our practice that the fact of the service of notice of citation must be officially shown of record, without which the court can *790 not proceed to judgment. ’ ’ See also Brotherhood of Railway Trainmen v. Agnew, 170 Miss. 604 , 155 So. 205 ; and Universal Life Insurance Co. v. Catchings, 169 Miss. 26 , 152 So. 817 , where it was held to be the duty of the

11947–1947
State v. Bartlett green
miss · 1856
1 sentence

1880The difference between an appointee to office -whose superior officer, in the exercise of a sound discretion vested in him by law, requires a bond to enable his appointee to hold the office, and an officer .elected by the people, according to law, to an office the qualification for which is prescribed by law, with .an indefeasible right to the office upon the terms prescribed by law, with no law requiring a bond, and no superior or other person in authority with a discretion to exact a bond, is plain; and in State v. Bartlett, 30 Miss. 624 , such a bond given by a public officer was held to be

11880–1880
Keer v. Devises of Moon green
scotus · 1824
1 sentence

1844Hawey v. Richards, 1 Mason, 381 ; 9 Wheaton Rep. 565 ; 3 Rawle Rep. 312 ; Story’s Con.

11844–1844
Case of Miller's Estate neutral
· 1832
1 sentence

1844Hawey v. Richards, 1 Mason, 381 ; 9 Wheaton Rep. 565 ; 3 Rawle Rep. 312 ; Story’s Con.

11844–1844
Harvey v. Richards green
· 1818
1 sentence

1844Hawey v. Richards, 1 Mason, 381 ; 9 Wheaton Rep. 565 ; 3 Rawle Rep. 312 ; Story’s Con.

11844–1844

Where else courts name it

OH 593 (1987–2026) ME 241 (1966–2026) ND 206 (1974–2026) CA 95 (1896–2026) MI 54 (1871–2026) UT 53 (1993–2026) TX 52 (1912–2025) WA 50 (1918–2026) GA 40 (1850–2024) PA 40 (1908–2025) IL 39 (1907–2025) NY 39 (1838–2024) CT 33 (1951–2025) MD 31 (1906–2026) AL 29 (1847–2026) MA 26 (1928–2025) MO 24 (1886–2022) OK 22 (1915–2024) FL 20 (1961–2014) CO 19 (1978–2026) NC 16 (1862–2021) NJ 15 (1884–2022) MS 14 (1844–2026) LA 14 (1871–2014) DC 14 (1957–2017) IN 12 (1842–2017) IA 11 (1880–2023) OR 11 (1904–2026) NM 11 (1914–2023) NE 11 (1902–2016) TN 9 (1829–2026) KY 9 (1959–2026) WY 7 (1983–2020) AR 7 (1910–2017) KS 7 (1891–2001) AK 7 (1982–2025) VT 6 (1988–2026) WI 5 (1971–2023) HI 5 (1951–2019) VA 5 (1884–2014) NH 4 (1847–1995) WV 4 (1947–1995) MN 4 (1964–2010) RI 4 (1902–2019) DE 3 (1972–2025) AZ 3 (1900–2006) NV 3 (1929–2000) MT 2 (1886–2015) SD 2 (1990–2003)

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.

← Caselaw search · G Cite Topics · Brief Check