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8 Tennessee opinions name it 3 courts 1872–2023 1 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 |
|---|---|---|
Campbell v. Archergreen1 sentence2023See Campbell, 555 S.W.2d at 113 (defendants missed the bulk of trial due to mistake, inadvertence, or excusable neglect, rather than willful failure to appear, when their prior attorney and his office staff failed to note trial date); Kirk v. Kirk, 447 S.W.3d 861, 869 (Tenn. Ct. App. 2013) (“[T]he relief sought by Wife based on the newly discovered evidence of Husband’s alleged misrepresentations and concealment of assets could also have been the basis for relief under Rule 59.04.”); cf. Discover Bank, 363 S.W.3d at 495 (failure to answer a counter-complaint for more than a year and failure to | 1 | 1 |
James Glen Kirk v. Gloria Taylor Kirkgreen1 sentence2023See Campbell, 555 S.W.2d at 113 (defendants missed the bulk of trial due to mistake, inadvertence, or excusable neglect, rather than willful failure to appear, when their prior attorney and his office staff failed to note trial date); Kirk v. Kirk, 447 S.W.3d 861, 869 (Tenn. Ct. App. 2013) (“[T]he relief sought by Wife based on the newly discovered evidence of Husband’s alleged misrepresentations and concealment of assets could also have been the basis for relief under Rule 59.04.”); cf. Discover Bank, 363 S.W.3d at 495 (failure to answer a counter-complaint for more than a year and failure to | 1 | 1 |
Discover Bank v. Morgangreen1 sentence2023See Campbell, 555 S.W.2d at 113 (defendants missed the bulk of trial due to mistake, inadvertence, or excusable neglect, rather than willful failure to appear, when their prior attorney and his office staff failed to note trial date); Kirk v. Kirk, 447 S.W.3d 861, 869 (Tenn. Ct. App. 2013) (“[T]he relief sought by Wife based on the newly discovered evidence of Husband’s alleged misrepresentations and concealment of assets could also have been the basis for relief under Rule 59.04.”); cf. Discover Bank, 363 S.W.3d at 495 (failure to answer a counter-complaint for more than a year and failure to | 1 | 1 |
State v. Knightgreen1 sentence2016See State v. Knight, 616 S.W.2d 593, 596 (Tenn. 1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Chicago v. Larned
neutral
2 sentences1872The answer to this is found in the opinion of the Supreme Court of Illinois, in the case of The City of Chicago v. Larned, 34 Ill., 203 : “That, if this assessment is to be regarded as an exercise of the taxing power, then it is a flagrant violation of the provisions of our Constitution.” The Court illustrates this as follows: “A and B may own respectively, two lots lying side by side. 1872The answer to this is found in the opinion of the Supreme Court of Illinois, in the case of The City of Chicago v. Larned, 34 Ill., 203 : “That, if this assessment is to be regarded as an exercise of the taxing power, then it is a flagrant violation of the provisions of our Constitution.” The Court illustrates this as follows: “A and B may own respectively, two lots lying side by side. | 3 | 1872–1872 |
Hon v. Varnell
neutral
2 sentences1973Counsel for complainant cites and relies on the case of Hon v. Varnell, 214 Tenn. 634 , 382 S.W.2d 535 , wherein it was held that a motion to dismiss in equity cases is analogous to a motion for a directed verdict in law cases, and that, in an equity case, the defendant may not demand, as of right, that a motion to dismiss at the conclusion of complainant’s proof be entertained by the Chancellor. 1973Counsel for complainant cites and relies on the case of Hon v. Varnell, 214 Tenn. 634 , 382 S.W.2d 535 , wherein it was held that a motion to dismiss in equity cases is analogous to a motion for a directed verdict in law cases, and that, in an equity case, the defendant may not demand, as of right, that a motion to dismiss at the conclusion of complainant’s proof be entertained by the Chancellor. | 1 | 1973–1973 |
United States v. Churchill
green
2 sentences1969But even if the first conviction has been set aside for nonconstitutional error, the imposition of a penalty upon the defendant for having successfully pursued a statutory right of appeal or collateral remedy would be no less a violation of due process of law. ‘A new sentence, with enhanced punishment, based upon such a reason, would be a flagrant violation of the rights of the defendant.’ Nichols v. United States, 106 F. 672, 679 . 1969But even if the first conviction has been set aside for nonconstitutional error, the imposition of a penalty upon the defendant for having successfully pursued a statutory right of appeal or collateral remedy would be no less a violation of due process of law. `A new sentence, with enhanced punishment, based upon such a reason, would be a flagrant violation of the rights of the defendant.' Nichols v. United States, 106 F. 672, 679 . | 1 | 1969–1969 |
United States v. Jackson
green
2 sentences1969Where, as in each of the cases before us, the original conviction has been set aside because of a constitutional error, the imposition of such a punishment, ‘penalizing those who choose to exercise’ constitutional rights, ‘would be patently unconstitutional.’ United States v. Jackson, 390 U.S. 570, 581 , 88 S.Ct. 1209, 1216 , 20 L.Ed.2d 138 . 1969Where, as in each of the cases before us, the original conviction has been set aside because of a constitutional error, the imposition of such a punishment, ‘penalizing those who choose to exercise’ constitutional rights, ‘would be patently unconstitutional.’ United States v. Jackson, 390 U.S. 570, 581 , 88 S.Ct. 1209, 1216 , 20 L.Ed.2d 138 . | 1 | 1969–1969 |
Frank v. Wright
green
1 sentence1948The case of Frank v. Wright, 140 Tenn. 535, 539 , 205 S. W. 434 , 435, cited in both the foregoing quotations, adopts this rule: “The true rule is, we think, as stated by Labatt in 6 Master and Serv., sec. 2281a: “ ‘A servant may be presumed prima facie to have been acting in the course of his employment, wherever it appears, not only that his master was owner of the given instrumentality, but also that, at the time- when the alleged tort was committed, it was being used under conditions resembling those which normally .attended its use in connection with its use in the master’s business. ’ “I | 1 | 1948–1948 |
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.