8 Mississippi opinions name it 1 courts 1962–2021 1 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'NEAL v. Simpsongreen2 sentences2002O'Neal v. Simpson, 350 So.2d 998, 1012 (Miss.1977). 2000O'Neal v. Simpson, 350 So.2d 998, 1012 (Miss. 1977). | 2 | 2 |
O'BRIANT v. Hullgreen2 sentences1997O'Briant v. Hull, 208 So. 2d 784, 786 (Miss. 1968); see also Aetna Casualty & Surety Co. v. Berry, 669 So. 2d 56, 71 (Miss. 1996). "[T]he failure to secure satisfaction by means of the remedy adopted does not, it has been held, take the case out of the doctrine of election." Aetna, 669 So. 2d at 72 . 1996Further, the O'Briant Court cited 25 Am.Jur.2d where it was said that "the failure to secure satisfaction by means of the remedy adopted does not, it has been held, take the case out of the doctrine of election." However, in continuing to cite 25 Am.Jur.2d, the Court recognized that "[c]ompromise and settlement of a suit may constitute such an election as will preclude the plaintiff from thereafter prosecuting an action based upon a theory inconsistent with that upon which the former action was maintained, but the provisions of the settlement must be carried out." Id. at 786 . | 1 | 2 |
Aetna Cas. and Sur. Co. v. Berrygreen2 sentences1997O'Briant v. Hull, 208 So. 2d 784, 786 (Miss. 1968); see also Aetna Casualty & Surety Co. v. Berry, 669 So. 2d 56, 71 (Miss. 1996). "[T]he failure to secure satisfaction by means of the remedy adopted does not, it has been held, take the case out of the doctrine of election." Aetna, 669 So. 2d at 72 . 1997O'Briant v. Hull, 208 So. 2d 784, 786 (Miss. 1968); see also Aetna Casualty & Surety Co. v. Berry, 669 So. 2d 56, 71 (Miss. 1996). "[T]he failure to secure satisfaction by means of the remedy adopted does not, it has been held, take the case out of the doctrine of election." Aetna, 669 So. 2d at 72 . | 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 sentences1999Bocanegra, 605 S.W.2d at 852 . 1998Bocanegra, 605 S.W.2d at 852 . | 2 | 1998–1999 |
Dorothy Ann Glenn v. Andrew Powell
green
1 sentence2021Id. at 481 . | 1 | 2021–2021 |
Murphy v. Hutchinson
neutral
2 sentences1962It is pointed out -by the same -text -writer in the following paragraph 4 that: “The doctrine of election, of Roman origin; is-but an application of-the maxim that ‘he who seeks equity must do equity’ and that a person shall not be twice vexed.for one and the same -cause — the doctrine *19 has come naturally and properly to be regarded as an application of the law of estoppel.” Mississippi has been slow to accept the doctrine of election of remedies as was pointed out in the case of Murphy v. Hutchinson, 93 Miss. 643 , 48 So. 178 , as follows: “We are fully aware of the fact that our own Court 1962It is pointed out -by the same -text -writer in the following paragraph 4 that: “The doctrine of election, of Roman origin; is-but an application of-the maxim that ‘he who seeks equity must do equity’ and that a person shall not be twice vexed.for one and the same -cause — the doctrine *19 has come naturally and properly to be regarded as an application of the law of estoppel.” Mississippi has been slow to accept the doctrine of election of remedies as was pointed out in the case of Murphy v. Hutchinson, 93 Miss. 643 , 48 So. 178 , as follows: “We are fully aware of the fact that our own Court | 1 | 1962–1962 |
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.