11 Tennessee opinions name it 3 courts 1889–2017 0 in the last five years
The cases below were cited by Tennessee 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.
| Case | Followed | Cited |
|---|---|---|
National Ass'n for the Advancement of Colored People v. Buttongreen2 sentences2005NAACP v. Button, 371 U.S. 415, 432-33 , 83 S.Ct. 328 , 9 L.Ed.2d 405 (1963); see also U.S. v. Mazurie, 419 U.S. 544, 550 , 95 S.Ct. 710 , 42 L.Ed.2d 706 (1975).” First, the decisions cited in support of the majority’s statement predate United States Supreme Court decisions which appear to require precisely the opposite analysis. 2005NAACP v. Button, 371 U.S. 415, 432-33 , 83 S.Ct. 328 , 9 L.Ed.2d 405 (1963); see also U.S. v. Mazurie, 419 U.S. 544, 550 , 95 S.Ct. 710 , 42 L.Ed.2d 706 (1975).” First, the decisions cited in support of the majority’s statement predate United States Supreme Court decisions which appear to require precisely the opposite analysis. | 1 | 1 |
Young v. American Mini Theatres, Inc.green2 sentences2005For example, in Young v. American Mini Theatres, Inc., 427 U.S. 50, 59-61 , 96 S.Ct. 2440 , 49 L.Ed.2d 310 (1976), the Court began its analysis by considering whether the challenged Detroit ordinance 2 was vague as applied to the defendants, stating: It is clear, therefore, that any element of vagueness in these ordinances has not affected these respondents. 2005For example, in Young v. American Mini Theatres, Inc., 427 U.S. 50, 59-61 , 96 S.Ct. 2440 , 49 L.Ed.2d 310 (1976), the Court began its analysis by considering whether the challenged Detroit ordinance 2 was vague as applied to the defendants, stating: It is clear, therefore, that any element of vagueness in these ordinances has not affected these respondents. | 1 | 1 |
United States v. Mazuriegreen2 sentences2005NAACP v. Button, 371 U.S. 415, 432-33 , 83 S.Ct. 328 , 9 L.Ed.2d 405 (1963); see also U.S. v. Mazurie, 419 U.S. 544, 550 , 95 S.Ct. 710 , 42 L.Ed.2d 706 (1975).” First, the decisions cited in support of the majority’s statement predate United States Supreme Court decisions which appear to require precisely the opposite analysis. 2005NAACP v. Button, 371 U.S. 415, 432-33 , 83 S.Ct. 328 , 9 L.Ed.2d 405 (1963); see also U.S. v. Mazurie, 419 U.S. 544, 550 , 95 S.Ct. 710 , 42 L.Ed.2d 706 (1975).” First, the decisions cited in support of the majority’s statement predate United States Supreme Court decisions which appear to require precisely the opposite analysis. | 1 | 1 |
Steckler v. United Statesgreen2 sentences1968This was underscored by the approving quotation of Steckler v. United States, 7 F.2d 59, 60 (2 Cir. 1925), where in upholding a verdict Judge Learned Hand had been at pains to show that ‘a plain inconsistency’ existed. 'I* »!' •]* ■!• “Indeed, if the rule were otherwise, the Government would be entitled to have the jury warned that an acquittal on some counts might undermine a guilty verdict on others — almost the opposite of the standard instruction, which is obviously beneficial to criminal defendants, and which the judge gave here without objection. 1968It is true, as both Judge Hand and Mr. Justice Holmes recognized, 7 F.2d at 60 , 284 U.S. at 394 , 52 S.Ct. 189 , that allowing inconsistent verdicts in criminal trials runs the risk that an oc *333 casional conviction may have been the result of compromise. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Grant v. Kia Motors Corp.
green
1 sentence2017Id. at 1045-46 (citing Palanki, 215 S.W.3d at 394 (citing Smith, 1984 WL 586817 , at *2)). | 1 | 2017–2017 |
Palanki Ex Rel. Palanki v. Vanderbilt University
green
1 sentence2017Id. at 1045-46 (citing Palanki, 215 S.W.3d at 394 (citing Smith, 1984 WL 586817 , at *2)). | 1 | 2017–2017 |
Crown Enterprises, Inc. v. Woods
green
1 sentence2015The opposite rule has developed, however, when “the issue under consideration is whether a particular taxpayer is exempt from a tax.” Id. | 1 | 2015–2015 |
White v. Roden Elec. Supply Co., Inc.
green
2 sentences2015Still, when the “issue under consideration is whether a particular taxpayer is exempt from a tax, the opposite rule has developed.” Id. 2015Provisions providing an exemption for certain taxpayers must be “strongly construed against, the person claiming the exemption.” Id. (citing J. | 1 | 2015–2015 |
Tuttle v. Detroit, Grand Haven & Milwaukee Railway
green
2 sentences1994The United States Supreme Court thereafter endorsed the doctrine in Tuttle v. Detroit, Grand Haven & Milwaukee Ry., 122 U.S. 189 , 7 S.Ct. 1166 , 30 L.Ed. 1114 (1886) as a necessary “rule of public policy, inasmuch as an opposite doctrine would not only subject employers to unreasonable and often ruinous responsibilities, thereby embarrassing all branches of business.” Id. 122 U.S. at 196 , 7 S.Ct. at 1169 . 1994The United States Supreme Court thereafter endorsed the doctrine in Tuttle v. Detroit, Grand Haven & Milwaukee Ry., 122 U.S. 189 , 7 S.Ct. 1166 , 30 L.Ed. 1114 (1886) as a necessary “rule of public policy, inasmuch as an opposite doctrine would not only subject employers to unreasonable and often ruinous responsibilities, thereby embarrassing all branches of business.” Id. 122 U.S. at 196 , 7 S.Ct. at 1169 . | 1 | 1994–1994 |
Dunn v. United States
green
2 sentences1968It is true, as both Judge Hand and Mr. Justice Holmes recognized, 7 F.2d at 60 , 284 U.S. at 394 , 52 S.Ct. 189 , that allowing inconsistent verdicts in criminal trials runs the risk that an oc *333 casional conviction may have been the result of compromise. 1968It is true, as both Judge Hand and Mr. Justice Holmes recognized, 7 F.2d at 60 , 284 U.S. at 394 , 52 S.Ct. 189 , that allowing inconsistent verdicts in criminal trials runs the risk that an oc *333 casional conviction may have been the result of compromise. | 1 | 1968–1968 |
Goodrich v. Warner
green
1 sentence1903This ruling is supported by Goodrich v. Warner, 21 Conn. 432 , and a large number of other cases. | 1 | 1903–1903 |
Burt v. Place
green
1 sentence1903These witnesses may be dead, absent or insane; they may have forgotten them, or refuse to testify to them, or even deny them; it is not the less true that they did so testify, and if the testimony was of a character to evidence a belief or strong suspicion, in the mind of a reasonable man, of the guilt of the accused of the crime charged, they had a direct bearing on the issue of probable cause or not, in the action for malicious prosecution.” “Probable cause does not depend on the actual state of the case, in point of fact, but upon the honest and reasonable belief of the party commencing the | 1 | 1903–1903 |
Mason v. McLeod
neutral
1 sentence1901In Macon v. McLeod, supra, which is the latest of all these cases coming under our observation, the Court after reciting the several provisions of the Kansas statutes, including one like that contained in our Act of 1897, said: “In our opinion these provisions do not touch upon the federal power, nor interfere with the rights secured to the patentee by the Federal law. | 1 | 1901–1901 |
Pioneer v. Cannon
green
1 sentence1896Associations (2d Ed.), Sec. 123; Rogers v. Hargo, 8 Pickle, 35 ; Pioneer Savings & Loan Association v. Cannon, 96 Tenn., 599 . | 1 | 1896–1896 |
The People v. . Bostwick
green
2 sentences1894In Peoples v. Bostwick, 32 N. Y., 445 , the opposite rule — -that is, the one invoked in this case, and upon which the decree of the Chancellor was predicated — -was distinctly stated and adopted, but the authority of that case was much weakened, if not effectually destroyed, by the doubt as to its soundness, suggested in Russell v. Frees, 56 N. Y., 67 . 1894The case of Smith v. Kirkland (Alabama), 1 Southern Rep., 276, is in accord with Peoples v. Bostwick, supra, but it rests alone on the authority of earlier Alabama cases. | 1 | 1894–1894 |
Russell v. . Freer
green
1 sentence1894In Peoples v. Bostwick, 32 N. Y., 445 , the opposite rule — -that is, the one invoked in this case, and upon which the decree of the Chancellor was predicated — -was distinctly stated and adopted, but the authority of that case was much weakened, if not effectually destroyed, by the doubt as to its soundness, suggested in Russell v. Frees, 56 N. Y., 67 . | 1 | 1894–1894 |
Kingsley v. Balcome
neutral
1 sentence1889C. 522, and cases cited in note on page 550.) There are cases holding the opposite doctrine, the most noted of which are Green v. Cresswell (10 Ad. & Ellis, 453) and Kingsley v. Balcome ( 4 Barb. 131 ). | 1 | 1889–1889 |
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.