minority rule (Mississippi) · Go Syfert
← Mississippi issues

minority rule in Mississippi

13 Mississippi opinions name it 1 courts 1930–2019 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
Jones v. Malinowskigreen
md · 1984 · cited in 1 Mississippi opinions naming this issue, 2010–2010
2 sentences

2010See Jones v. Malinowski, 299 Md. 257 , 473 A.2d 429 (1984); White v. Ohio Dep't of Rehab. & Corr., 2005 WL 3642708 (Ohio Ct.Cl.

2010See Jones v. Malinowski, 299 Md. 257 , 473 A.2d 429 (1984); White v. Ohio Dep't of Rehab. & Corr., 2005 WL 3642708 (Ohio Ct.Cl.

11
State v. McGettrickgreen
ohio · 1987 · cited in 1 Mississippi opinions naming this issue, 1994–1994
2 sentences

1994The Ohio Court reasoned that the former approach disregards the presumption that the decedent's conviction is valid, and the latter approach deprives the defendant of "fundamental rights, even though he be deceased." State v. McGettrick, *1303 31 Ohio St.3d 138, 140 , 31 OBR 296, 509 N.E.2d 378, 380 (1987).

1994The Ohio Court reasoned that the former approach disregards the presumption that the decedent's conviction is valid, and the latter approach deprives the defendant of "fundamental rights, even though he be deceased." State v. McGettrick, *1303 31 Ohio St.3d 138, 140 , 31 OBR 296, 509 N.E.2d 378, 380 (1987).

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 (19)

CaseCitedYears
Haines v. State red
miss · 1983
2 sentences

2019Therefore, the motion to abate and vacate the judgment of conviction is overruled and the State's motion to dismiss the appeal as moot is sustained." Berryhill , 492 So.2d at 289 (quoting Haines , 428 So.2d at 592 ). ¶14.

2019Therefore, the motion to abate and vacate the judgment of conviction is overruled and the State’s motion to dismiss the appeal as moot is sustained.” Berryhill, 492 So. 2d at 289 (quoting Haines, 428 So. 2d at 592 ). ¶14.

21986–2019
Fraser v. Fred Parker Funeral Home green
· 1941
2 sentences

1979Fraser, et al. v. Fred Parker Funeral Home, 201 S.C. 88 , 21 S.E.2d 577 (1942); Annotation, 39 A.L.R. 1001 (1955); 54 Am.Jur., Undertakers and Embalmers, Section 7. * * * * * * There are three Mississippi cases involving suits to enjoin the construction of funeral homes in residential areas.

1979Fraser, et al. v. Fred Parker Funeral Home, 201 S.C. 88 , 21 S.E.2d 577 (1942); Annotation, 39 A.L.R. 1001 (1955); 54 Am.Jur., Undertakers and Embalmers, Section 7. * * * * * * There are three Mississippi cases involving suits to enjoin the construction of funeral homes in residential areas.

21958–1979
United States v. Rick Pauline green
ca5 · 1980
1 sentence

2019Id. at 591 .

12019–2019
Berryhill v. State red
miss · 1986
2 sentences

2019Therefore, the motion to abate and vacate the judgment of conviction is overruled and the State's motion to dismiss the appeal as moot is sustained." Berryhill , 492 So.2d at 289 (quoting Haines , 428 So.2d at 592 ). ¶14.

2019Therefore, the motion to abate and vacate the judgment of conviction is overruled and the State’s motion to dismiss the appeal as moot is sustained.” Berryhill, 492 So. 2d at 289 (quoting Haines, 428 So. 2d at 592 ). ¶14.

12019–2019
Whitehouse v. State green
ind · 1977
2 sentences

1986Also, we discussed and relied upon Whitehouse v. State, 266 Ind. 527 , 364 N.E.2d 1015 (Ind. 1977), which expresses the minority view, and we said: We believe that the minority rule is sound when considering our decisions on the validity of judgments.

1986Also, we discussed and relied upon Whitehouse v. State, 266 Ind. 527 , 364 N.E.2d 1015 (Ind. 1977), which expresses the minority view, and we said: We believe that the minority rule is sound when considering our decisions on the validity of judgments.

11986–1986
Olsen v. Valley National Bank of Aurora green
illappct · 1968
1 sentence

1981The minority rule is based upon the rule or statute that there is but one action for the recovery of a debt which is secured by collateral. ( 234 N.E.2d at 550 ) See also, U.S. Ex rel.

11981–1981
Magee v. Sun Life Assur. Co. of Canada neutral
· 1938
2 sentences

1981The principal Mississippi case touching on the legal issue being discussed is Magee v. Sun Life Assurance Co., 182 Miss. 287 , 180 So. 797 (1938).

1981The principal Mississippi case touching on the legal issue being discussed is Magee v. Sun Life Assurance Co., 182 Miss. 287 , 180 So. 797 (1938).

11981–1981
Stolle v. Anheuser-Busch Inc. green
· 1925
1 sentence

1979Fraser, et al. v. Fred Parker Funeral Home, 201 S.C. 88 , 21 S.E.2d 577 (1942); Annotation, 39 A.L.R. 1001 (1955); 54 Am.Jur., Undertakers and Embalmers, Section 7. * * * * * * There are three Mississippi cases involving suits to enjoin the construction of funeral homes in residential areas.

11979–1979
Catholic Diocese of Natchez-Jackson v. Jaquith green
miss · 1969
1 sentence

1975This Court held in Hall v. Boykin, 207 So.2d 645 (Miss. 1968), that an accident report of a highway patrolman was inadmissible since it was "a conclusion on the part of the patrolman." We said in Catholic Diocese of Natchez-Jackson v. Jaquith, 224 So.2d 216 (Miss. 1969), that under the minority rule government safety codes, rules and regulations or standards are admissible as "an expert opinion," but that Mississippi follows the majority rule which is that such items without having been given "compulsory force" by statute are not admissible.

11975–1975
Hall ex rel. Hall v. Boykin neutral
miss · 1968
1 sentence

1975This Court held in Hall v. Boykin, 207 So.2d 645 (Miss. 1968), that an accident report of a highway patrolman was inadmissible since it was "a conclusion on the part of the patrolman." We said in Catholic Diocese of Natchez-Jackson v. Jaquith, 224 So.2d 216 (Miss. 1969), that under the minority rule government safety codes, rules and regulations or standards are admissible as "an expert opinion," but that Mississippi follows the majority rule which is that such items without having been given "compulsory force" by statute are not admissible.

11975–1975
Keeling v. Travelers Ins. Co. of Hartford green
okla · 1937
2 sentences

1964Co., 180 Olda. 99, 67 Pac. 2d 944 , which comes under the statutory provisions of Oklahoma and which adopts the minority rule, it is not helpful to appellee because it is clearly distinguishable from the case at bar on the facts (as is true of Jensen v. Traders & General Ins.

1964Co., 180 Okla. 99 , 67 Pac.2d 944 , which comes under the statutory provisions of Oklahoma and which adopts the minority rule, it is not helpful to appellee because it is clearly distinguishable from the case at bar on the facts (as is true of Jensen v. Traders & General Ins.

11964–1964
Jensen v. Traders & General Insurance green
calctapp · 1956
2 sentences

1964Co., 38 Texas Law Rev. 209, 141 Cal. App. 2d 162 , 296 P. 2d 434 (1956).

1964Co., 38 Texas Law Rev. 209, 141 Cal. App. 2d 162 , 296 P. 2d 434 (1956).

11964–1964
Hartman v. Greene green
la · 1939
2 sentences

1958“Thus, in Hartman v. Greene (1939) 193 La. 234 , 190 So. 390 , certiorari denied 308 U. S. 612 , 84 L. ed. 512, 60 S. Ct. 180 , it was said that as a general rule one who is not a party to a contract is not liable in damages to one of the parties thereto for inducing the other party to breach the contract.

1958“Thus, in Hartman v. Greene (1939) 193 La. 234 , 190 So. 390 , certiorari denied 308 U. S. 612 , 84 L. ed. 512, 60 S. Ct. 180 , it was said that as a general rule one who is not a party to a contract is not liable in damages to one of the parties thereto for inducing the other party to breach the contract.

11958–1958
Madison Avenue Corp. v. Stokes neutral
scotus · 1939
1 sentence

1958“Thus, in Hartman v. Greene (1939) 193 La. 234 , 190 So. 390 , certiorari denied 308 U. S. 612 , 84 L. ed. 512, 60 S. Ct. 180 , it was said that as a general rule one who is not a party to a contract is not liable in damages to one of the parties thereto for inducing the other party to breach the contract.

11958–1958
Wilson v. United States neutral
scotus · 1939
1 sentence

1958“Thus, in Hartman v. Greene (1939) 193 La. 234 , 190 So. 390 , certiorari denied 308 U. S. 612 , 84 L. ed. 512, 60 S. Ct. 180 , it was said that as a general rule one who is not a party to a contract is not liable in damages to one of the parties thereto for inducing the other party to breach the contract.

11958–1958
State v. Cosgrove green
nj · 1927
2 sentences

1955But I think that the minority rule declared in the decisions of State v. Cosgrove, 103 N.J.L. 412 , 135 A. 871 ; Smith v. State, 159 Tenn. 674 , 21 S.W. 2d 400 ; and State v. Wheelock, 216 Iowa 1428 , 250 N.W. 617 , should he followed in the case at bar for the reason that the defendant was given the maximum penalty of twenty years in the state penitentiary as a result of his conviction more than ten years ago for killing Leonard P. Hall, one of the victims of the automobile accident discussed in the controlling opinion.

1955But I think that the minority rule declared in the decisions of State v. Cosgrove, 103 N.J.L. 412 , 135 A. 871 ; Smith v. State, 159 Tenn. 674 , 21 S.W. 2d 400 ; and State v. Wheelock, 216 Iowa 1428 , 250 N.W. 617 , should he followed in the case at bar for the reason that the defendant was given the maximum penalty of twenty years in the state penitentiary as a result of his conviction more than ten years ago for killing Leonard P. Hall, one of the victims of the automobile accident discussed in the controlling opinion.

11955–1955
State v. Wheelock neutral
iowa · 1933
1 sentence

1955But I think that the minority rule declared in the decisions of State v. Cosgrove, 103 N.J.L. 412 , 135 A. 871 ; Smith v. State, 159 Tenn. 674 , 21 S.W. 2d 400 ; and State v. Wheelock, 216 Iowa 1428 , 250 N.W. 617 , should he followed in the case at bar for the reason that the defendant was given the maximum penalty of twenty years in the state penitentiary as a result of his conviction more than ten years ago for killing Leonard P. Hall, one of the victims of the automobile accident discussed in the controlling opinion.

11955–1955
Smith v. State green
tenn · 1929
2 sentences

1955But I think that the minority rule declared in the decisions of State v. Cosgrove, 103 N.J.L. 412 , 135 A. 871 ; Smith v. State, 159 Tenn. 674 , 21 S.W. 2d 400 ; and State v. Wheelock, 216 Iowa 1428 , 250 N.W. 617 , should he followed in the case at bar for the reason that the defendant was given the maximum penalty of twenty years in the state penitentiary as a result of his conviction more than ten years ago for killing Leonard P. Hall, one of the victims of the automobile accident discussed in the controlling opinion.

1955But I think that the minority rule declared in the decisions of State v. Cosgrove, 103 N.J.L. 412 , 135 A. 871 ; Smith v. State, 159 Tenn. 674 , 21 S.W. 2d 400 ; and State v. Wheelock, 216 Iowa 1428 , 250 N.W. 617 , should he followed in the case at bar for the reason that the defendant was given the maximum penalty of twenty years in the state penitentiary as a result of his conviction more than ten years ago for killing Leonard P. Hall, one of the victims of the automobile accident discussed in the controlling opinion.

11955–1955
Bush, Redwood & Co. v. Foote neutral
· 1880
1 sentence

1930On the contention that the check was an assignment pro tanto, Judge Stevens as the organ of the court said: ‘ ‘Whatever may be the minority rule as reflected by certain decisions of other states, the great weight of authority is to the effect that a check does not operate,as an assignment pro tanto of the funds on deposit to the *901 credit of the depositor in a banking institution,” and cited Bush, Redwood & Co. v. Foote, 58 Miss. 5 , 38 Am.

11930–1930

Where else courts name it

WA 44 (1920–2021) CA 41 (1922–2023) VT 33 (1940–2025) TN 30 (1917–2018) TX 28 (1922–2023) VA 25 (1918–2024) OR 25 (1921–2021) OK 24 (1922–2006) AZ 23 (1946–2023) MI 22 (1927–2023) AR 22 (1923–2006) CO 22 (1897–2021) MD 22 (1960–2013) IL 20 (1903–2017) AL 20 (1913–2012) NJ 20 (1950–2009) MO 20 (1928–2018) FL 19 (1943–2015) WV 19 (1910–2023) IA 19 (1926–2018) ID 19 (1932–2019) WI 17 (1928–2017) SD 17 (1918–2015) NY 17 (1934–2010) MT 16 (1917–2023) KS 16 (1904–2017) DE 16 (1950–2026) OH 15 (1923–2015) NM 15 (1916–2000) LA 15 (1933–2019) SC 14 (1932–2025) KY 13 (1923–2021) AK 13 (1979–2024) MS 13 (1930–2019) CT 11 (1924–2025) UT 10 (1924–2008) ME 9 (1956–2022) PA 9 (1942–2015) NC 9 (1945–2009) HI 8 (1961–2025) DC 8 (1970–2015) IN 8 (1947–2000) WY 7 (1954–2019) NE 7 (1961–2002) NH 7 (1930–2009) RI 7 (1970–2013) VI 6 (1986–2016) ND 5 (1954–2011) GA 5 (1933–2003) NV 5 (1921–2007) MA 4 (1959–2006) MN 3 (1985–2011) PR 3 (1947–1955) GU 2 (2023–2024)

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