control test (Mississippi) · Go Syfert
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control test in Mississippi

9 Mississippi opinions name it 2 courts 1964–2017 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
Boyd v. Crosby Lumber & Manufacturing Co.green
miss · 1964 · cited in 3 Mississippi opinions naming this issue, 1973–1987
2 sentences

1981Co., 250 Miss. 433 , 166 So.2d 106 (1964), sets forth the control test.

1981Co., 250 Miss. 433 , 166 So.2d 106 (1964), sets forth the control test.

13
Georgia-Pac. Corp. v. Crosbygreen
miss · 1981 · cited in 2 Mississippi opinions naming this issue, 1987–1998
2 sentences

1998In Georgia-Pacific Corp. v. Crosby, 393 So.2d 1348, 1349 (Miss.1981), the Mississippi Supreme Court emphasized the control test as determinative of whether a business entity is a contractor or subcontractor.

1998Crosby, 393 So.2d at 1348-49 (citations omitted). ¶ 14.

12
CONCERT SYSTEMS USA, INC. v. Weavergreen
missctapp · 2010 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017See Weaver, 33 So.3d at 1189 (¶ 13) (quoting Goolsby, 982 So.2d at 1024 (¶ 31)).

11
Goolsby Trucking Co., Inc. v. Alexandergreen
missctapp · 2008 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017See Weaver, 33 So.3d at 1189 (¶ 13) (quoting Goolsby, 982 So.2d at 1024 (¶ 31)).

11
Shelby v. Peavey Electronics Corp.green
missctapp · 1998 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016The control test looks to four factors: “(1) direct evidence of right or exercise of control; (2) method of payment; (3) the furnishing of equipment; and (4) the right to fire.” Id. at 908 (¶ 6) (quoting Shelby, 724 So.2d at 507 (¶ 13)).

11
Wilbourn v. Hobsongreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995See Wilbourn v. Hobson, 608 So.2d at 1197 (Robertson, J., concurring).

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 (5)

CaseCitedYears
Barcott v. State, Department of Public Safety green
alaska · 1987
1 sentence

2015Id.

12015–2015
Bush v. Byrd green
miss · 1959
2 sentences

1964Bush v. Dependents of Byrd, a gravel truck case, 234 Miss. 782 , 108 So. 2d 211 (1959), applied both the control and the relative nature of the work test and followed Traxler Gravel.

1964Bush v. Dependents of Byrd, a gravel truck case, 234 Miss. 782 , 108 So. 2d 211 (1959), applied both the control and the relative nature of the work test and followed Traxler Gravel.

11964–1964
Miss. Employment Security Comm. v. Plumbing Wholesale Co. green
miss · 1954
2 sentences

1964To all intents and purposes, Horne was the employee of Shumpert, and Shumpert could have stopped his services as well as those of Harmon at any time.” Mississippi Employment Security Comm. v. Plumbing Wholesale Co., 219 Miss. 724 , 69 So. 2d 814 (1954), although applying the control test, also considered the relative nature of the work test, the fact that the alleged independent contractor was doing the company’s regular business, was an integral part of its basic operation, and was not furnishing an independent business or professional service.

1964To all intents and purposes, Horne was the employee of Shumpert, and Shumpert could have stopped his services as well as those of Harmon at any time.” Mississippi Employment Security Comm. v. Plumbing Wholesale Co., 219 Miss. 724 , 69 So. 2d 814 (1954), although applying the control test, also considered the relative nature of the work test, the fact that the alleged independent contractor was doing the company’s regular business, was an integral part of its basic operation, and was not furnishing an independent business or professional service.

11964–1964
Wade v. TRAXLER GRAVEL COMPANY green
miss · 1958
2 sentences

1964Wade v. Traxler Gravel Co., 232 Miss. 592 , 100 So. 2d 103 (1958), involving- a truck owner who hauled gravel by the cubic yard, examined in depth both the control test, with reference to whether in fact the man was truly independent, and the relative nature of the work test.

1964Wade v. Traxler Gravel Co., 232 Miss. 592 , 100 So. 2d 103 (1958), involving- a truck owner who hauled gravel by the cubic yard, examined in depth both the control test, with reference to whether in fact the man was truly independent, and the relative nature of the work test.

11964–1964
Sones v. Southern Lumber Co. green
miss · 1952
2 sentences

1964Sones v. Southern Lumber Co., 215 Miss. 148 , 60 So. 2d 582 (1952); J.

1964Sones v. Southern Lumber Co., 215 Miss. 148 , 60 So. 2d 582 (1952); J.

11964–1964

Where else courts name it

NJ 51 (1951–2025) PA 47 (1929–2023) CA 37 (1930–2025) MI 35 (1929–2026) NY 33 (1888–2026) IL 24 (1979–2023) TX 18 (1967–2025) DE 12 (1992–2025) MO 12 (1892–2023) AL 10 (1987–1999) WI 10 (1970–2026) AZ 10 (1968–2025) HI 9 (1957–2025) MS 9 (1964–2017) IA 9 (1936–2025) NC 8 (1938–2022) MN 7 (1909–2015) FL 7 (1977–2024) MT 7 (1976–2002) GA 7 (1938–2001) IN 6 (1980–2025) MD 6 (1944–2025) NM 6 (1968–2023) CO 6 (1931–2009) MA 6 (1996–2023) OR 5 (1982–2019) TN 5 (1976–2019) OK 5 (1937–2010) VT 5 (1991–2015) RI 5 (1959–2013) CT 5 (1975–2021) LA 4 (1940–2005) NV 4 (1996–2014) KY 4 (1845–2022) WA 4 (2013–2024) UT 3 (1942–2022) ME 3 (1996–2026) KS 3 (1915–2009) AR 3 (1982–2000) DC 2 (2022–2024) VA 2 (1988–1995) NH 2 (1973–1977) SC 2 (1996–2009) OH 2 (2012–2018) NE 2 (1991–1998) AK 2 (1972–1981)

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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