distinction between immunity (Arkansas) · Go Syfert
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distinction between immunity in Arkansas

12 Arkansas opinions name it 1 courts 1911–2008 0 in the last five years

The cases below were cited by Arkansas 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
California v. Roygreen
scotus · 1996 · cited in 1 Arkansas opinions naming this issue, 1999–1999
1 sentence

1999See also California v. Roy, 519 U.S. 2 (1996).

11
Lewis v. Bowlingreen
ark · 1964 · cited in 1 Arkansas opinions naming this issue, 1968–1968
1 sentence

1968See Lewis v. Bowlin, 327 Ark. 947 , 377 S. W. 2d 608 , which explains the distinction between this rule and those cases that are governed by Ark.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

CaseCitedYears
Sovereign Camp Woodmen of the World v. Newsom green
ark · 1920
2 sentences

1968The distinction between waiver and estoppel has been clearly made by this court in cases such as Sovereign Camp W.O.W. v. Newsom, 142 Ark. 132 , 219 S.W. 759 , 14 A.L.R. 903 .

1968The distinction between waiver and estoppel has been clearly made by this court in cases such as Sovereign Camp W.O.W. v. Newsom, 142 Ark. 132 , 219 S.W. 759 , 14 A.L.R. 903 .

21946–1968
Clayborn v. Bankers Standard Insurance green
ark · 2002
1 sentence

2008Id.

12008–2008
Scamardo v. Jaggers green
ark · 2004
2 sentences

2005Scamardo v. Jaggers, 356 Ark. 236 , 149 S.W.3d 311 (2004).

2005Scamardo v. Jaggers, 356 Ark. 236 , 149 S.W.3d 311 (2004).

12005–2005
Sasser v. State green
ark · 1999
2 sentences

2000Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999).

2000Sasser v. State, 338 Ark. 375 , 993 S.W.2d 901 (1999).

12000–2000
John Cheeseman Trucking, Inc. v. Pinson green
ark · 1993
2 sentences

1995The difference between the two concepts is stated in John Cheeseman Trucking Inc. v. Pinson, 313 Ark. 632 , 855 S.W.2d 941 (1993): The concept of res judicata has two facets.

1995The difference between the two concepts is stated in John Cheeseman Trucking Inc. v. Pinson, 313 Ark. 632 , 855 S.W.2d 941 (1993): The concept of res judicata has two facets.

11995–1995
Bly v. Young green
ark · 1987
2 sentences

1990Code Ann. § 16-10-406 (Supp. 1989), which provides: “Members of the commission, referees, commission counsel and staff shall be absolutely immune from suit . . . .” We have recognized the distinction between immunity from liability and immunity from suit in three cases, Bly v. Young, 293 Ark. 36 , 732 S.W.2d 157 (1987);Beaulieuw.

1990Code Ann. § 16-10-406 (Supp. 1989), which provides: “Members of the commission, referees, commission counsel and staff shall be absolutely immune from suit . . . .” We have recognized the distinction between immunity from liability and immunity from suit in three cases, Bly v. Young, 293 Ark. 36 , 732 S.W.2d 157 (1987);Beaulieuw.

11990–1990
Carter v. Bush green
ark · 1984
2 sentences

1990Gray, 288 Ark. 395 , 705 S.W.2d 880 (1986); and Carter v. Bush, 283 Ark. 16 , 677 S.W.2d 837 (1984) (substituted opinion on denial of rehearing).

1990Gray, 288 Ark. 395 , 705 S.W.2d 880 (1986); and Carter v. Bush, 283 Ark. 16 , 677 S.W.2d 837 (1984) (substituted opinion on denial of rehearing).

11990–1990
Beaulieu v. Gray green
ark · 1986
2 sentences

1990Gray, 288 Ark. 395 , 705 S.W.2d 880 (1986); and Carter v. Bush, 283 Ark. 16 , 677 S.W.2d 837 (1984) (substituted opinion on denial of rehearing).

1990Gray, 288 Ark. 395 , 705 S.W.2d 880 (1986); and Carter v. Bush, 283 Ark. 16 , 677 S.W.2d 837 (1984) (substituted opinion on denial of rehearing).

11990–1990
Choctaw, Oklahoma & Gulf Railroad v. Jones neutral
ark · 1906
2 sentences

1927Co. v. Jones, 77 Ark. 367 , 92 S. W. 244 , and, on page 372, he used this language: ‘ ‘ There is, of course, a distinction between the defense of assumed risk and that of contributory negligence.

1927Co. v. Jones, 77 Ark. 367 , 92 S. W. 244 , and, on page 372, he used this language: ‘ ‘ There is, of course, a distinction between the defense of assumed risk and that of contributory negligence.

11927–1927
Sovereign Camp, Woodmen of the World v. Putnam green
texapp · 1918
1 sentence

1920An illuminating case showing the distinction between waiver and estoppel is that of Sovereign Camp Woodmen of the World v. Putnam, 206 S. W. 970 -2.

11920–1920
Westphal v. Schultz neutral
· 1880
1 sentence

1911St. 183, 36 N. E. 909 , the court recognized the general rule, but said: “There seems to be a well-recognized distinction between this rule as applied to original surveys, whether in the making of such surveys or in alloting the deficiency or overplus, when the correctness of such surveys is not questioned, and that where such original surveys are found to have been erroneous or the original corners and lines are wholly lost.” The following authorities which we have examined are cited as recognizing the distinction: Bailey v. Chamblin, 20 Ind. 33 ; Jones v. Kimble, 19 Wis. 452 ; Moreland v. Pa

11911–1911
Bailey v. Chamblin neutral
ind · 1863
1 sentence

1911St. 183, 36 N. E. 909 , the court recognized the general rule, but said: “There seems to be a well-recognized distinction between this rule as applied to original surveys, whether in the making of such surveys or in alloting the deficiency or overplus, when the correctness of such surveys is not questioned, and that where such original surveys are found to have been erroneous or the original corners and lines are wholly lost.” The following authorities which we have examined are cited as recognizing the distinction: Bailey v. Chamblin, 20 Ind. 33 ; Jones v. Kimble, 19 Wis. 452 ; Moreland v. Pa

11911–1911
Caylor v. Luzadder neutral
ind · 1894
1 sentence

1911St. 183, 36 N. E. 909 , the court recognized the general rule, but said: “There seems to be a well-recognized distinction between this rule as applied to original surveys, whether in the making of such surveys or in alloting the deficiency or overplus, when the correctness of such surveys is not questioned, and that where such original surveys are found to have been erroneous or the original corners and lines are wholly lost.” The following authorities which we have examined are cited as recognizing the distinction: Bailey v. Chamblin, 20 Ind. 33 ; Jones v. Kimble, 19 Wis. 452 ; Moreland v. Pa

11911–1911

Where else courts name it

IL 64 (1889–2025) PA 60 (1902–2026) TX 54 (1913–2025) CA 42 (1921–2023) NY 37 (1852–2024) MI 28 (1912–2024) MD 23 (1947–2020) FL 20 (1963–2025) NJ 20 (1933–2022) MO 20 (1907–2022) CT 20 (1895–2021) WA 17 (1900–2026) WI 16 (1905–2023) IA 15 (1901–2014) AL 15 (1912–2017) CO 15 (1915–2026) GA 15 (1909–2018) LA 15 (1934–2017) MN 14 (1900–2017) KS 14 (1905–2018) SC 13 (1919–2019) OR 12 (1915–2022) AR 12 (1911–2008) IN 12 (1902–2010) NM 11 (1941–2021) OH 10 (1939–2026) NC 10 (1903–2024) UT 10 (1934–2025) WV 9 (1950–2024) KY 9 (1888–2026) WY 9 (1927–2019) AZ 8 (1965–2026) TN 8 (1930–2017) MA 8 (1851–2010) DC 8 (1975–2026) MS 8 (1962–2016) NE 8 (1943–2024) DE 7 (2013–2026) ME 6 (1905–2020) AK 6 (1978–2024) HI 6 (1996–2024) ND 5 (1966–2009) OK 4 (1962–2000) NV 4 (1968–2014) VT 4 (1930–2025) MT 3 (1899–2008) NH 3 (1990–2018) RI 3 (1918–1983) ID 2 (1933–1986) VA 2 (1996–2010) SD 2 (1934–1934) VI 2 (2015–2017)

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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