Appellees defense (Mississippi) · Go Syfert
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Appellees defense in Mississippi

12 Mississippi opinions name it 2 courts 1940–2021 1 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 (5)

CaseFollowedCited
Tillmon v. MISS. STATE DEPT. OF HEALTHgreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021State Dep’t. of Health, 749 So. 2d 1017, 1020 (¶14) (Miss. 1999).3 3 Wood moved to strike this portion of the Appellees’ brief as well.

11
Monticello Ins. Co. v. Mooneygreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2009–2009
2 sentences

2009See id. at (¶ 26).

2009See id. at (¶ 26).

11
Bridges v. Heimburgergreen
miss · 1978 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992According to Bridges v. Heimburger, 360 So.2d 929, 931 (Miss. 1978), the warranty of quiet enjoyment is breached where "there ha[s] been a judicial determination of loss of title or some other hostile action equivalent to eviction." The appellees claim that the county's refusal to grant permits was an action "equivalent to eviction." The law does not precisely define the "equivalent" of eviction, but at least in the context of conveyance by warranty deed, it is clear that a grantee may claim constructive eviction only where his title suffers from an infirmity which endangers his right to posse

11
Martin v. Gillgreen
· 1938 · cited in 1 Mississippi opinions naming this issue, 1987–1987
2 sentences

1987(Emphasis added.) Because the appellants failed to make a formal proffer of Dr. Adriani's testimony, the appellees claim that any appeal of its exclusion is barred under our holding in Martin v. Gill, 182 Miss. 810, 814-15 , 181 So. 849, 850 (1938).

1987(Emphasis added.) Because the appellants failed to make a formal proffer of Dr. Adriani's testimony, the appellees claim that any appeal of its exclusion is barred under our holding in Martin v. Gill, 182 Miss. 810, 814-15 , 181 So. 849, 850 (1938).

11
First Nat. Bank v. Owengreen
· 1936 · cited in 1 Mississippi opinions naming this issue, 1940–1940
2 sentences

1940See First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough (Miss.), 193 So. 443 ; 71 C.

1940See First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough (Miss.), 193 So. 443 ; 71 C.

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 (9)

CaseCitedYears
Hubbard v. Wansley green
miss · 2007
1 sentence

2020The language of Murphy’s complaint also refers to Dr. Margaitis’s actions as “medical care.” In its order granting the Appellees’ motion for summary judgment, the circuit court outlines the general rule applicable to medical-malpractice suits and cites to medical-malpractice caselaw, such as the familiar case Hubbard v. Wansley, 954 So. 2d 951 (Miss. 2007).

12020–2020
Tandy Electronics, Inc. v. Fletcher green
miss · 1989
1 sentence

1989Rule 2(a)(1) and Tandy v. Fletcher, 554 So.2d 308, 309 , decided this day, require that we grant Appellees' motion and finally dismiss this appeal.

11989–1989
Robertson v. Welch green
miss · 1961
2 sentences

1977Since he had lights on his car, it is incredible that he did not see these people, if he was in fact looking ... ( 242 Miss. at 117 , 134 So.2d at 493 ) Appellees' defense was that Cole was intoxicated and his negligence was the sole proximate cause of the accident.

1977Since he had lights on his car, it is incredible that he did not see these people, if he was in fact looking ... ( 242 Miss. at 117 , 134 So.2d at 493 ) Appellees' defense was that Cole was intoxicated and his negligence was the sole proximate cause of the accident.

11977–1977
Bell v. Oates green
miss · 1910
2 sentences

1963Cited in this case is Hunt v. Knox, 34 Miss. 655 ; Bell v. Oates, 97 Miss. 790 , 53 So. 491 .

1963Cited in this case is Hunt v. Knox, 34 Miss. 655 ; Bell v. Oates, 97 Miss. 790 , 53 So. 491 .

11963–1963
Hunt v. Knox neutral
miss · 1857
1 sentence

1963Cited in this case is Hunt v. Knox, 34 Miss. 655 ; Bell v. Oates, 97 Miss. 790 , 53 So. 491 .

11963–1963
Hillman v. Clayton neutral
miss · 1958
2 sentences

1961In Re: Rumley's Estate — Hillman v. Clayton, 1958, 234 Miss. 490 , 106 So.2d 678 , the appellant complained of the granting to the appellees of an instruction similar to the above mentioned instruction No. 9, but the Court held that the giving of the instruction was not reversible error in that case.

1961In Re: Rumley's Estate — Hillman v. Clayton, 1958, 234 Miss. 490 , 106 So.2d 678 , the appellant complained of the granting to the appellees of an instruction similar to the above mentioned instruction No. 9, but the Court held that the giving of the instruction was not reversible error in that case.

11961–1961
Yates v. Summers green
miss · 1936
1 sentence

1960Yates v. Summers, 177 Miss. at 271 .

11960–1960
Erwin v. Miss. State Highway Commission green
miss · 1952
2 sentences

1959State Highway Commission, 213 Miss. 885 , 58 So. 2d 52 , so holds.

1959State Highway Commission, 213 Miss. 885 , 58 So. 2d 52 , so holds.

11959–1959
Hickman v. Slough green
miss · 1940
1 sentence

1940See First National Bank v. Owen, 177 Miss. 339 , 171 So. 4 ; Hickman v. Slough (Miss.), 193 So. 443 ; 71 C.

11940–1940

Where else courts name it

TX 252 (1911–2026) PA 170 (1941–2026) OH 103 (1988–2026) IN 64 (1855–2025) FL 48 (1903–2026) GA 42 (1973–2026) KY 33 (1823–2026) TN 33 (1976–2026) MD 23 (1895–2025) UT 17 (2009–2026) NM 15 (1994–2026) AR 14 (1898–2025) OK 14 (1977–2019) AL 12 (1933–2024) MS 12 (1940–2021) IL 11 (1867–1951) IA 11 (1884–2014) AZ 10 (1966–2024) NE 9 (1925–2022) HI 7 (1953–2019) WV 6 (1996–2009) CT 6 (1856–1930) SD 6 (1982–2021) KS 6 (1912–2026) WY 5 (1987–2024) LA 5 (1948–2020) MI 4 (1934–2015) DC 4 (1957–2000) MT 3 (2012–2025) DE 3 (1928–2026) CO 2 (1977–1990) VA 2 (1931–1975)

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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