9 Mississippi opinions name it 2 courts 1908–2012 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.
| Case | Followed | Cited |
|---|---|---|
O'BRIANT v. Hullgreen2 sentences1999In O'Briant v. Hull, 208 So.2d 784, 786 (Miss.1968), this Court noted that *227 the doctrine of election of remedies is to be applied with caution, stating that "(t)he authorities are uniform in their holdings that the doctrine is a harsh one, that it is disfavored in equity, and that it should not be unduly extended." See also Berry, 669 So.2d at 72 , citing O'Briant. 1998In O'Briant v. Hull, 208 So.2d 784, 786 (Miss. 1968), this Court noted that the doctrine of election of remedies is to be applied with caution, stating that "(t)he authorities are uniform in their holdings that the doctrine is a harsh one, that it is disfavored in equity, and that it should not be unduly extended." See also Berry, 669 So.2d at 72 , citing O'Briant. | 4 | 5 |
Coral Drilling, Inc. v. Bishopgreen2 sentences1999In Coral Drilling, Inc. v. Bishop, 260 So.2d 463, 465-66 (Miss. 1972), this Court explained the policy considerations underlying the election of remedies doctrine: Courts will not permit litigants to solemnly affirm that a given state of facts exists from which they are entitled to a particular relief, and then afterwards affirm, or assume, that a contrary state of facts exists from which they are entitled to inconsistent relief. ¶ 10. 1998In Coral Drilling, Inc. v. Bishop, 260 So.2d 463, 465-66 (Miss. 1972), this Court explained the policy considerations underlying the election of remedies doctrine: Courts will not permit litigants to solemnly affirm that a given state of facts exists from which they are entitled to a particular relief, and then afterwards affirm, or assume, that a contrary state of facts exists from which they are entitled to inconsistent relief. ¶10. | 2 | 3 |
Daughtrey v. Daughtreygreen2 sentences1999In Ivy v. Harrington, 644 So.2d 1218 (Miss.1994), this Court noted that "(j)udicial estoppel arises from the taking of a position by a party to a suit that is inconsistent with the position previously asserted in prior litigation." Ivy, 644 So.2d at 1222 . (quoting Daughtrey v. Daughtrey, 474 So.2d 598, 602 (Miss.1985)). ¶ 18. 1998In Ivy v. Harrington, 644 So.2d 1218 (Miss. 1994), this Court noted that "(j)udicial estoppel arises from the taking of a position by a party to a suit that is inconsistent with the position previously asserted in prior litigation." Ivy, 644 So.2d at 1222 . (quoting Daugherty v. Daugherty, 474 So.2d 598, 602 (Miss. 1985)). ¶18. | 2 | 2 |
Aetna Cas. and Sur. Co. v. Berrygreen2 sentences1999In O'Briant v. Hull, 208 So.2d 784, 786 (Miss.1968), this Court noted that *227 the doctrine of election of remedies is to be applied with caution, stating that "(t)he authorities are uniform in their holdings that the doctrine is a harsh one, that it is disfavored in equity, and that it should not be unduly extended." See also Berry, 669 So.2d at 72 , citing O'Briant. 1998In O'Briant v. Hull, 208 So.2d 784, 786 (Miss. 1968), this Court noted that the doctrine of election of remedies is to be applied with caution, stating that "(t)he authorities are uniform in their holdings that the doctrine is a harsh one, that it is disfavored in equity, and that it should not be unduly extended." See also Berry, 669 So.2d at 72 , citing O'Briant. | 1 | 3 |
Hutchinson v. Smithgreen1 sentence1992See Hutchinson, 417 So.2d at 928 . [2] Since both counts in the instant action sound in tort, the election-of-remedies rule does not arise. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bocanegra v. Aetna Life Insurance Co.
green
2 sentences1999Co., 605 S.W.2d 848 (Tex.1980) that the extent of a plaintiffs knowledge is a significant factor in determining whether the doctrine of election of remedies should apply. 1998Co., 605 S.W.2d 848 (Tex. 1980) that the extent of a plaintiff's knowledge is a significant factor in determining whether the doctrine of election of remedies should apply. | 2 | 1998–1999 |
Ivy v. Harrington
green
2 sentences1999In Ivy v. Harrington, 644 So.2d 1218 (Miss.1994), this Court noted that "(j)udicial estoppel arises from the taking of a position by a party to a suit that is inconsistent with the position previously asserted in prior litigation." Ivy, 644 So.2d at 1222 . (quoting Daughtrey v. Daughtrey, 474 So.2d 598, 602 (Miss.1985)). ¶ 18. 1999In Ivy v. Harrington, 644 So.2d 1218 (Miss.1994), this Court noted that "(j)udicial estoppel arises from the taking of a position by a party to a suit that is inconsistent with the position previously asserted in prior litigation." Ivy, 644 So.2d at 1222 . (quoting Daughtrey v. Daughtrey, 474 So.2d 598, 602 (Miss.1985)). ¶ 18. | 2 | 1998–1999 |
Associated Hardware Supply Co. v. The Big Wheel Distributing Company
green
2 sentences1974The Third Circuit Court of Appeals has apparently recognized a partial change in the doctrine of election of remedies in Associated Hardware Supply Co. v. Big Wheel Distributing Co., 355 F.2d 114 (3d Cir.1956), where it held: "The Code, although also making damages available in an action for rescission, UCC 2-721, does not *448 otherwise change the traditional theory of election of remedies." 355 F.2d at 120 . 1974The Third Circuit Court of Appeals has apparently recognized a partial change in the doctrine of election of remedies in Associated Hardware Supply Co. v. Big Wheel Distributing Co., 355 F.2d 114 (3d Cir.1956), where it held: "The Code, although also making damages available in an action for rescission, UCC 2-721, does not *448 otherwise change the traditional theory of election of remedies." 355 F.2d at 120 . | 1 | 1974–1974 |
Beymer v. Bonsall
green
1 sentence1908Rep. at page 494, where, after mentioning Beymer v. Bonsall, supra, and other cases in line therewith, it is stated: “In regard to this latter line of authorities, it maybe observed that while the mere institution of an action should plainly not conclusively determine one’s election, in the case of principal or agent, yet if the action is commenced with full knowledge of one’s rights, or any other case against the agent, it should be a bar to a subsequent action against the principal,, and vice versa; for by suing the agent the third person disaffirms the agency, while by suing the principal h | 1 | 1908–1908 |
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.