bona fide claim (Mississippi) · Go Syfert
← Mississippi issues

bona fide claim in Mississippi

12 Mississippi opinions name it 1 courts 1918–2013 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 (6)

CaseFollowedCited
Thomas v. Stategreen
miss · 1973 · cited in 2 Mississippi opinions naming this issue, 2010–2013
2 sentences

2013Thomas v. State, 278 So.2d 469, 473 (Miss.1973) (citations omitted).

2010Thomas v. State, 278 So. 2d 469, 473 (Miss. 1973) (citations omitted).

22
State v. Mundygreen
nc · 1965 · cited in 2 Mississippi opinions naming this issue, 2009–2011
2 sentences

2011Id. at 574 (citations omitted) (emphasis added). ¶ 33.

2009Id. at 574 (citations omitted) (emphasis added). ¶33.

22
Turner v. Stategreen
miss · 1936 · cited in 2 Mississippi opinions naming this issue, 2007–2008
2 sentences

2008This Court has not decided "whether or not, in an [unlawful] game of chance, an alleged robber, taking only money he had lost in such unlawful game, would be guilty of robbery." Jones v. State, 216 Miss. 186, 189 , 62 So.2d 217 (1953) (citing Turner v. State, 177 Miss. 272, 279 , 171 So. 21, 23 (1936)).

2008This Court has not decided "whether or not, in an [unlawful] game of chance, an alleged robber, taking only money he had lost in such unlawful game, would be guilty of robbery." Jones v. State, 216 Miss. 186, 189 , 62 So.2d 217 (1953) (citing Turner v. State, 177 Miss. 272, 279 , 171 So. 21, 23 (1936)).

22
Paymaster Oil Mill Company v. Mitchellgreen
miss · 1975 · cited in 1 Mississippi opinions naming this issue, 1985–1985
1 sentence

1985In Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975), the Court quoted and restated the principle of law applying to motions for directed verdicts, as was set out in General Tire & Rubber Co. v. Darnell, 221 So.2d 104 (Miss. 1969): "The established rule is that when the court considers whether the defendant is entitled to a judgment as a matter of law, the court should consider the evidence in the light most favorable to plaintiff, disregard any evidence on the part of defendant in conflict with that favorable to plaintiff, and if the evidence and reasonable inferences to be

11
Sharpe v. Hanlinegreen
nc · 1965 · cited in 1 Mississippi opinions naming this issue, 1973–1973
1 sentence

1973State v. Lawrence, 262 N.C. 162 , 136 S.E.2d 595 ; State v. Lunsford, 229 N.C. 229 , 49 S.E.2d 410 ." 144 S.E.2d at 574.

11
Heard v. Jamesgreen
· 1873 · cited in 1 Mississippi opinions naming this issue, 1964–1964
1 sentence

1964See Heard v. James, 49 Miss. 236 .

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 (8)

CaseCitedYears
State v. Spratt green
nc · 1965
2 sentences

2010In some cases, as where the defense is an alibi or the evidence develops no direct issue or contention that the taking was under a bona fide claim of right or was without any intent to steal, “felonious intent” may be simply defined as an “intent to rob” or “intent to steal.” State v. Spratt, supra. On the other hand, where the evidence raises a direct issue as to the intent and purpose of the taking, a more comprehensive definition is required.

1973In some cases, as where the defense is an alibi or the evidence develops no direct issue or contention that the taking was under a bona fide claim of right or was without any intent to steal, `felonious intent' may be simply defined as an `intent to rob' or `intent to steal.' State v. Spratt, supra. On the other hand, where the evidence raises a direct issue as to the intent and purpose of the taking, a more comprehensive definition is required.

31973–2010
Jones v. State green
miss · 1953
2 sentences

2008This Court has not decided "whether or not, in an [unlawful] game of chance, an alleged robber, taking only money he had lost in such unlawful game, would be guilty of robbery." Jones v. State, 216 Miss. 186, 189 , 62 So.2d 217 (1953) (citing Turner v. State, 177 Miss. 272, 279 , 171 So. 21, 23 (1936)).

2008This Court has not decided "whether or not, in an [unlawful] game of chance, an alleged robber, taking only money he had lost in such unlawful game, would be guilty of robbery." Jones v. State, 216 Miss. 186, 189 , 62 So.2d 217 (1953) (citing Turner v. State, 177 Miss. 272, 279 , 171 So. 21, 23 (1936)).

22007–2008
State v. . Lunsford green
nc · 1948
2 sentences

1991State v. Lawrence, 262 N.C. 162 , 136 S.E.2d 595 ; State v. Lunsford, 229 N.C. 229 , 49 S.E.2d 410 . 144 S.E.2d at 574 .

1991State v. Lawrence, 262 N.C. 162 , 136 S.E.2d 595 ; State v. Lunsford, 229 N.C. 229 , 49 S.E.2d 410 . 144 S.E.2d at 574 .

21973–1991
State v. Lawrence green
nc · 1964
2 sentences

1991State v. Lawrence, 262 N.C. 162 , 136 S.E.2d 595 ; State v. Lunsford, 229 N.C. 229 , 49 S.E.2d 410 . 144 S.E.2d at 574 .

1991State v. Lawrence, 262 N.C. 162 , 136 S.E.2d 595 ; State v. Lunsford, 229 N.C. 229 , 49 S.E.2d 410 . 144 S.E.2d at 574 .

21973–1991
General Tire & Rubber Company v. Darnell green
miss · 1969
2 sentences

1985In Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975), the Court quoted and restated the principle of law applying to motions for directed verdicts, as was set out in General Tire & Rubber Co. v. Darnell, 221 So.2d 104 (Miss. 1969): "The established rule is that when the court considers whether the defendant is entitled to a judgment as a matter of law, the court should consider the evidence in the light most favorable to plaintiff, disregard any evidence on the part of defendant in conflict with that favorable to plaintiff, and if the evidence and reasonable inferences to be

1985In Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652, 657 (Miss. 1975), the Court quoted and restated the principle of law applying to motions for directed verdicts, as was set out in General Tire & Rubber Co. v. Darnell, 221 So.2d 104 (Miss. 1969): "The established rule is that when the court considers whether the defendant is entitled to a judgment as a matter of law, the court should consider the evidence in the light most favorable to plaintiff, disregard any evidence on the part of defendant in conflict with that favorable to plaintiff, and if the evidence and reasonable inferences to be

11985–1985
Melvin McGowan v. King, Incorporated green
ca5 · 1978
1 sentence

1979The majority of federal courts that have considered the defense have held it to apply only to "clerical errors." McGowan v. King, Inc., 569 F.2d 845 (5th Cir.1978); Ives v. W.T.

11979–1979
Russel v. Town of Hickory green
miss · 1917
2 sentences

1918In the case of Russel v. Hickory, 116 Miss. 46 , 76 So. 825 , the rule is laid down on the issuance of mandatory injunctions to obtain possession of land as follows: “The law is well settled that a defendant in possession under a bona-fide claim of title should not summarily be removed by mandatory process of the chancery court, especially where there is no averment that irreparable damage will be done the complainants.” The case of Burton v. Pepper, 116 Miss. 139 , 76 So. 762 , involved among -other things the issuance of a mandatory injunction compelling the defendant in the suit to surrende

1918In the case of Russel v. Hickory, 116 Miss. 46 , 76 So. 825 , the rule is laid down on the issuance of mandatory injunctions to obtain possession of land as follows: “The law is well settled that a defendant in possession under a bona-fide claim of title should not summarily be removed by mandatory process of the chancery court, especially where there is no averment that irreparable damage will be done the complainants.” The case of Burton v. Pepper, 116 Miss. 139 , 76 So. 762 , involved among -other things the issuance of a mandatory injunction compelling the defendant in the suit to surrende

11918–1918
Burton v. Pepper green
miss · 1917
2 sentences

1918In the case of Russel v. Hickory, 116 Miss. 46 , 76 So. 825 , the rule is laid down on the issuance of mandatory injunctions to obtain possession of land as follows: “The law is well settled that a defendant in possession under a bona-fide claim of title should not summarily be removed by mandatory process of the chancery court, especially where there is no averment that irreparable damage will be done the complainants.” The case of Burton v. Pepper, 116 Miss. 139 , 76 So. 762 , involved among -other things the issuance of a mandatory injunction compelling the defendant in the suit to surrende

1918In the case of Russel v. Hickory, 116 Miss. 46 , 76 So. 825 , the rule is laid down on the issuance of mandatory injunctions to obtain possession of land as follows: “The law is well settled that a defendant in possession under a bona-fide claim of title should not summarily be removed by mandatory process of the chancery court, especially where there is no averment that irreparable damage will be done the complainants.” The case of Burton v. Pepper, 116 Miss. 139 , 76 So. 762 , involved among -other things the issuance of a mandatory injunction compelling the defendant in the suit to surrende

11918–1918

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-79 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 289 (1878–2026) TX 65 (1930–2021) VA 56 (1897–2026) CA 54 (1879–2025) AL 37 (1848–1986) NC 30 (1879–2025) WV 28 (1884–2020) IL 27 (1940–2023) GA 27 (1897–2012) NJ 26 (1893–2025) CT 25 (1908–2019) WI 24 (1869–2025) KS 19 (1879–2026) OH 18 (1930–2023) FL 16 (1895–2018) IN 15 (1887–2026) LA 13 (1961–2024) PA 13 (1898–2025) MS 12 (1918–2013) MI 11 (1894–2019) WA 11 (1909–2026) AR 11 (1917–2003) OK 10 (1912–1978) KY 9 (1912–2008) WY 9 (1896–2014) MD 9 (1955–2010) IA 8 (1878–2024) AZ 8 (1898–2019) MO 8 (1900–2020) SC 7 (1945–2013) OR 7 (1899–2007) NM 5 (1961–2023) CO 5 (1980–2012) TN 5 (1942–1986) ID 5 (1897–1987) NV 4 (1985–2018) DE 4 (1951–2021) DC 4 (1984–2024) MA 3 (1920–2012) SD 3 (1986–2007) NE 3 (1892–2005) UT 3 (1999–2018) MN 2 (1981–2016) VI 2 (2008–2023) MT 2 (1917–2004) AK 2 (1984–1986) VT 2 (2013–2013) HI 2 (1983–2010)

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