distinction between standard (Mississippi) · Go Syfert
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distinction between standard in Mississippi

8 Mississippi opinions name it 2 courts 1962–2016 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 (4)

CaseFollowedCited
Roche v. Stategreen
miss · 2005 · cited in 2 Mississippi opinions naming this issue, 2003–2005
2 sentences

2005See Roche v. State, ___ So.2d ___, ___ - ___, 2005 WL 851347 , *6 -8(Miss.2005); Bush v. State, 895 So.2d 836, 842-45 (Miss.2005).

2003See Roche v. State, __ So.2d__, 2005 WL 851347 , *6 -8(Miss. 2005); Bush v. State, 895 So.2d 836, 842-45 (Miss. 2005).

22
Bush v. Statered
miss · 2005 · cited in 2 Mississippi opinions naming this issue, 2003–2005
2 sentences

2005See Roche v. State, ___ So.2d ___, ___ - ___, 2005 WL 851347 , *6 -8(Miss.2005); Bush v. State, 895 So.2d 836, 842-45 (Miss.2005).

2003See Roche v. State, __ So.2d__, 2005 WL 851347 , *6 -8(Miss. 2005); Bush v. State, 895 So.2d 836, 842-45 (Miss. 2005).

22
King v. Sigrestgreen
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016This Court has previously held “there is a more liberal standard for setting aside a default than the standard for setting aside a default judgment.” King v. Sigrest, 641 So. 2d 1158, 1162 (Miss. 1994).

11
D'Avignon v. D'Avignongreen
missctapp · 2006 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014D' Avignon v. D'Avignon, 945 So.2d 401, 408 (¶ 24) (Miss.Ct.App.2006).

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
Fulcher v. State green
wyo · 1981
1 sentence

2013"The principal reason for making a distinction between the defense of unconsciousness and insanity is that the consequences which follow an acquittal[] will differ.” Fulcher, 633 P.2d at 145 . .

12013–2013
Bradley v. Graham neutral
miss · 1964
2 sentences

1968In Neal, supra, and in Bradley v. Graham, 250 Miss. 244 , 164 So.2d 772 (1964), we pointed out that there was a distinction between the rule announced in Hinman where the parties to the habeas corpus proceeding were not the same as those involved in the decree awarding the custody in the chancery court of this state.

1968In Neal, supra, and in Bradley v. Graham, 250 Miss. 244 , 164 So.2d 772 (1964), we pointed out that there was a distinction between the rule announced in Hinman where the parties to the habeas corpus proceeding were not the same as those involved in the decree awarding the custody in the chancery court of this state.

11968–1968
Elias v. New Laurel Radio Station, Inc. green
miss · 1962
2 sentences

1967The distinction between the doctrine of assumption of risk and contributory negligence is pointed out in Saxton v. Rose, 201 Miss. 814 , 29 So.2d 646 (1947), and the essential elements that must be found in order to substantiate the defense of assumption of risk are set out in Elias v. New Laurel Radio Station, Inc., 245 Miss. 170 , 146 So.2d 558 (1962).

1967The distinction between the doctrine of assumption of risk and contributory negligence is pointed out in Saxton v. Rose, 201 Miss. 814 , 29 So.2d 646 (1947), and the essential elements that must be found in order to substantiate the defense of assumption of risk are set out in Elias v. New Laurel Radio Station, Inc., 245 Miss. 170 , 146 So.2d 558 (1962).

11967–1967
Saxton v. Rose green
· 1947
2 sentences

1967The distinction between the doctrine of assumption of risk and contributory negligence is pointed out in Saxton v. Rose, 201 Miss. 814 , 29 So.2d 646 (1947), and the essential elements that must be found in order to substantiate the defense of assumption of risk are set out in Elias v. New Laurel Radio Station, Inc., 245 Miss. 170 , 146 So.2d 558 (1962).

1967The distinction between the doctrine of assumption of risk and contributory negligence is pointed out in Saxton v. Rose, 201 Miss. 814 , 29 So.2d 646 (1947), and the essential elements that must be found in order to substantiate the defense of assumption of risk are set out in Elias v. New Laurel Radio Station, Inc., 245 Miss. 170 , 146 So.2d 558 (1962).

11967–1967
Lee v. Duncan green
miss · 1954
2 sentences

1962Lee v. Duncan, 220 Miss. 234 , 70 So. 2d 615 , is a case where the evidence overcame the presumption. *360 The chancellor’s decision accords -with the policy of the law that favors the repose of society.

1962Lee v. Duncan, 220 Miss. 234 , 70 So. 2d 615 , is a case where the evidence overcame the presumption. *360 The chancellor’s decision accords -with the policy of the law that favors the repose of society.

11962–1962

Where else courts name it

IL 64 (1889–2025) PA 60 (1902–2026) TX 54 (1913–2025) CA 42 (1921–2023) NY 37 (1852–2024) MI 28 (1912–2024) MD 23 (1947–2020) FL 20 (1963–2025) NJ 20 (1933–2022) MO 20 (1907–2022) CT 20 (1895–2021) WA 17 (1900–2026) WI 16 (1905–2023) IA 15 (1901–2014) AL 15 (1912–2017) CO 15 (1915–2026) GA 15 (1909–2018) LA 15 (1934–2017) MN 14 (1900–2017) KS 14 (1905–2018) SC 13 (1919–2019) OR 12 (1915–2022) AR 12 (1911–2008) IN 12 (1902–2010) NM 11 (1941–2021) OH 10 (1939–2026) NC 10 (1903–2024) UT 10 (1934–2025) WV 9 (1950–2024) KY 9 (1888–2026) WY 9 (1927–2019) AZ 8 (1965–2026) TN 8 (1930–2017) MA 8 (1851–2010) DC 8 (1975–2026) MS 8 (1962–2016) NE 8 (1943–2024) DE 7 (2013–2026) ME 6 (1905–2020) AK 6 (1978–2024) HI 6 (1996–2024) ND 5 (1966–2009) OK 4 (1962–2000) NV 4 (1968–2014) VT 4 (1930–2025) MT 3 (1899–2008) NH 3 (1990–2018) RI 3 (1918–1983) ID 2 (1933–1986) VA 2 (1996–2010) SD 2 (1934–1934) VI 2 (2015–2017)

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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