diligent inquiry (Mississippi) · Go Syfert
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diligent inquiry in Mississippi

12 Mississippi opinions name it 2 courts 1924–2025 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 (5)

CaseFollowedCited
Williams v. Kilgoregreen
miss · 1992 · cited in 2 Mississippi opinions naming this issue, 2006–2008
2 sentences

2008"The operative time is when the plaintiff can reasonably be held to have knowledge of the injury itself, the cause of the injury, and the causal relationship of the injury and the conduct of the [defendant]." Williams v. Kilgore, 618 So.2d 51, 54 (Miss.1992) (quoting Smith v. Sanders, 485 So.2d 1051, 1052 (Miss.1986)). ¶ 63.

2006“The operative time is when the plaintiff can reasonably be held to have knowledge of the injury itself, the cause of the injury, and the causal relationship of the injury and the conduct of the 27 [defendant].” Williams v. Kilgore, 618 So. 2d 51, 54 (Miss. 1992) (quoting Smith v. Saunders, 485 So. 2d 1051, 1052 (Miss. 1986)). ¶63.

22
Smith v. Sandersgreen
miss · 1986 · cited in 2 Mississippi opinions naming this issue, 2006–2008
2 sentences

2008"The operative time is when the plaintiff can reasonably be held to have knowledge of the injury itself, the cause of the injury, and the causal relationship of the injury and the conduct of the [defendant]." Williams v. Kilgore, 618 So.2d 51, 54 (Miss.1992) (quoting Smith v. Sanders, 485 So.2d 1051, 1052 (Miss.1986)). ¶ 63.

2006“The operative time is when the plaintiff can reasonably be held to have knowledge of the injury itself, the cause of the injury, and the causal relationship of the injury and the conduct of the 27 [defendant].” Williams v. Kilgore, 618 So. 2d 51, 54 (Miss. 1992) (quoting Smith v. Saunders, 485 So. 2d 1051, 1052 (Miss. 1986)). ¶63.

22
Turner v. Deutsche Bank National Trust Co.green
missctapp · 2011 · cited in 1 Mississippi opinions naming this issue, 2022–2022
2 sentences

2022This Court determined “whether Deutsche Bank’s attempted service by publication was sufficient where it failed to certify that Turner was a nonresident or, after a diligent inquiry, could not be located in Mississippi.” Id. at 338 (¶8). ¶25.

2022“If the post-office address is listed, the sworn petition or affidavit must further provide the defendant's street address or that it could not be determined after a diligent inquiry.” Id.

11
Fidelity and Deposit Company of Maryland v. Usaform Hail Pool, Inc., Etc.green
ca5 · 1975 · cited in 1 Mississippi opinions naming this issue, 2006–2006
1 sentence

2006In dismissing the appeal for want of jurisdiction, the Fifth Circuit stated: As we discuss in Fidelity & Dep. Co. v. Usaform[USAFORM] Hail Pool, Inc., 523 F.2d 744, 749 (5th Cir.1975), underlying the rule is the implicit burden on the party and counsel to make "periodic inquiries" into the course of the proceedings.

11
Robertson v. Dombroskigreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 2005–2005
1 sentence

2005Harrell relies on Robertson v. Domroski, a case in which a chancellor's order to partition a tract of land was reversed, for the following proposition: "Where a subsequent purchaser for value takes title from a prior bona fide purchaser for value without notice, then the subsequent purchaser is entitled to all the protection the recording system offered his grantor . . ." Robertson v. Dombroski, 678 So.2d 637, 640 (Miss.1996).

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 (6)

CaseCitedYears
Hobert Jones v. W.J. Estelle, Jr., Director, Texas Department of Corrections green
ca5 · 1982
2 sentences

2006In Jones v. Estelle, 693 F.2d 547 (5th Cir.1982), the Fifth Circuit took note of the importance of an attorney's diligent inquiry when deciding to grant or deny a Fed.R.Civ.P. 60(b) motion.

2004In Jones v. Estelle, 693 F.2d 547 (5 th Cir. 1982), the Fifth Circuit took note of the importance of an attorney’s diligent inquiry when deciding to grant or deny a Fed.

22004–2006
Simmons v. Hutchinson neutral
miss · 1902
2 sentences

2005"Constructive notice arising from the record . . . imputes only such knowledge as the instrument there recorded discloses, and not what a diligent inquiry into its meaning might disclose." Simmons v. Hutchinson, 81 Miss. 351, 356 , 33 So. 21 , 22 (1902).

1957In the case of Simmons v. Huthchinson, 81 Miss. 351 , (356, 357), 33 So. 21 , this Court said: “Constructive notice arising from the record of a muniment of title is imputed to purchasers and creditors from a mere presumption of law, and it imputes only such knowledge as the instrument there recorded discloses, and not what a diligent inquiry into its meaning might disclose.

21957–2005
Smith v. W. Denny & Co. neutral
miss · 1907
2 sentences

1953“In the case of Smith v. Denny, 90 Miss. 434 , 43 So. 479 , it is said that: ‘It is of the very essence of a proceeding to confirm a tax title that the owner of the land at the date of sale, or his heirs, as the case may be, should be made parties, as well as other persons interested in the land, so far as known to the complainant, or as he can ascertain by diligent inquiry.’ “Under these statutes it is necessary that the persons or their heirs who appear to have been the owners of the lands at the time of the tax sales be made parties defendant.

1953“In the case of Smith v. Denny, 90 Miss. 434 , 43 So. 479 , it is said that: ‘It is of the very essence of a proceeding to confirm a tax title that the owner of the land at the date of sale, or his heirs, as the case may be, should be made parties, as well as other persons interested in the land, so far as known to the complainant, or as he can ascertain by diligent inquiry.’ “Under these statutes it is necessary that the persons or their heirs who appear to have been the owners of the lands at the time of the tax sales be made parties defendant.

21924–1953
Rush v. Wallace Rentals, LLC green
miss · 2003
1 sentence

2025Id. at 200 .

12025–2025
Stefan Alison v. State of Mississippi green
missctapp · 2016
1 sentence

2019Id.

12019–2019
Soriano v. Gillespie green
missctapp · 2003
1 sentence

2011The affidavit or sworn complaint must also state the defendant’s post-office address, if known, or swear that it could not be determined after a diligent inquiry. 1 Id.

12011–2011

Where else courts name it

IL 90 (1895–2026) TX 21 (1936–2025) NY 19 (1908–2025) NJ 15 (1979–2025) MS 12 (1924–2025) ME 11 (1980–2021) CA 9 (1945–2021) AR 8 (1915–2017) CO 8 (1908–2017) VA 7 (1993–2022) KS 5 (1899–2013) MA 5 (2010–2025) FL 5 (1999–2019) MI 4 (1975–2023) WY 4 (1974–2024) AL 4 (1884–2014) PA 3 (1936–2019) TN 3 (1996–2006) WA 3 (1943–2026) DE 3 (2017–2023) MD 2 (1981–1993) OH 2 (2020–2025) OR 2 (1980–1983)

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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