idea doctrine (Tennessee) · Go Syfert
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idea doctrine in Tennessee

8 Tennessee opinions name it 3 courts 1969–2026 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.

Followed or applied (7)

CaseFollowedCited
Montlake Coal Co. v. Chattanooga Co.green
tenn · 1916 · cited in 2 Tennessee opinions naming this issue, 1999–2000
2 sentences

2000See Montlake Coal Co. v. Chattanooga Co., 137 Tenn. at 449-51, 193 S.W. at 1059.

1999See Montlake Coal Co. v. Chattanooga Co., 137 Tenn. 440, 444-45 , 193 S.W. 1057 , 1058 (1917); Grizzard v. Fite, 137 Tenn. 103, 108 , 191 S.W. 969 , 970 (1917), rev’d on other grounds, Barnes v. Walker, 191 Tenn. 364, 372 , 234 S.W.2d 648, 651 (1950).11 11 Notwithstanding its recognition of the idea that the doctrine of election of remedies does not apply when the chosen remedy has not been prosecuted to a final judgment, the Court held that the proper action for the plaintiff is to dismiss the claim for the inconsistent remedy rather than to amend the complaint to include the remedy that is a

22
State v. Banksgreen
tenn · 2008 · cited in 1 Tennessee opinions naming this issue, 2026–2026
1 sentence

2026Closing arguments serve “to sharpen and to clarify the issues that must be resolved in a criminal case” and enable “the opposing lawyers to present their theory of the case and to point out the strengths and weaknesses in the evidence to the jury.” Banks, 271 S.W.3d at 130 (citations omitted).

11
Wilson v. Pricegreen
tennctapp · 2005 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014“The underlying idea of the doctrine of adverse possession is ‘that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.’ ” Wilson v. Price, 195 S.W.3d 661, 666 (Tenn. Ct. App. 2005)(quoting Bensdorff v. Uihlein, 132 Tenn. 193 , 177 S.W. 481 , 483(Tenn. 1915)).

11
Burress v. Woodwardgreen
tenn · 1984 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014On the other hand, Tenn. Code Ann. § 28-2-110 was enacted “to facilitate the collection of property taxes by requiring persons claiming an interest in real property to have that interest assessed and to pay the taxes thereon.” Cumulus Broadcasting, Inc. v. Shim, 226 S.W.3d 366, 381 (Tenn. 2007)(citing Burress v. Woodward, 665 S.W.2d 707, 709 (Tenn. 1984)).

11
Cumulus Broadcasting, Inc. v. Shimgreen
tenn · 2007 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014On the other hand, Tenn. Code Ann. § 28-2-110 was enacted “to facilitate the collection of property taxes by requiring persons claiming an interest in real property to have that interest assessed and to pay the taxes thereon.” Cumulus Broadcasting, Inc. v. Shim, 226 S.W.3d 366, 381 (Tenn. 2007)(citing Burress v. Woodward, 665 S.W.2d 707, 709 (Tenn. 1984)).

11
Meers v. Medleygreen
kyctapp · 2004 · cited in 1 Tennessee opinions naming this issue, 2010–2010
1 sentence

2010Colo. 2000) (denying motion to dismiss assault claim against principal, but dismissing IDEA claim); Meers v. Medley, 168 S.W.3d at 410 (allegations of physical and mental assault and/or abuse not within the scope of the IDEA). -7- We must conclude that the trial court erred in dismissing the plaintiffs’ claims for assault and battery and false imprisonment.

11
Barnes v. Walkergreen
tenn · 1950 · cited in 1 Tennessee opinions naming this issue, 1999–1999
2 sentences

1999See Montlake Coal Co. v. Chattanooga Co., 137 Tenn. 440, 444-45 , 193 S.W. 1057 , 1058 (1917); Grizzard v. Fite, 137 Tenn. 103, 108 , 191 S.W. 969 , 970 (1917), rev’d on other grounds, Barnes v. Walker, 191 Tenn. 364, 372 , 234 S.W.2d 648, 651 (1950).11 11 Notwithstanding its recognition of the idea that the doctrine of election of remedies does not apply when the chosen remedy has not been prosecuted to a final judgment, the Court held that the proper action for the plaintiff is to dismiss the claim for the inconsistent remedy rather than to amend the complaint to include the remedy that is a

1999See Montlake Coal Co. v. Chattanooga Co., 137 Tenn. 440, 444-45 , 193 S.W. 1057 , 1058 (1917); Grizzard v. Fite, 137 Tenn. 103, 108 , 191 S.W. 969 , 970 (1917), rev’d on other grounds, Barnes v. Walker, 191 Tenn. 364, 372 , 234 S.W.2d 648, 651 (1950).11 11 Notwithstanding its recognition of the idea that the doctrine of election of remedies does not apply when the chosen remedy has not been prosecuted to a final judgment, the Court held that the proper action for the plaintiff is to dismiss the claim for the inconsistent remedy rather than to amend the complaint to include the remedy that is a

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Jones v. Jones green
ca1 · 1947
2 sentences

1969When the intent to establish an estate by survivorship is clear, the existence or nonexistence of the unities becomes immaterial upon the idea that the rule fails where the reason fails. 185 Tenn. at 591 , 206 S.W.2d at 803 .

1969When the intent to establish an estate by survivorship is clear, the existence or nonexistence of the unities becomes immaterial upon the idea that the rule fails where the reason fails. 185 Tenn. at 591 , 206 S.W.2d at 803 .

21969–2017
Bensdorff v. Uihlein green
tenn · 1915
2 sentences

2014“The underlying idea of the doctrine of adverse possession is ‘that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.’ ” Wilson v. Price, 195 S.W.3d 661, 666 (Tenn. Ct. App. 2005)(quoting Bensdorff v. Uihlein, 132 Tenn. 193 , 177 S.W. 481 , 483(Tenn. 1915)).

2005The underlying idea of the doctrine of adverse possession is “that the possession should be maintained in an open and notorious manner, so as to warn the true owner that a hostile claim is being asserted to his land.” Bensdorff v. Uihlein, 132 Tenn. 193 , 177 S.W. 481 , 483 (1915).

22005–2014
Peebles v. Peebles green
tenn · 1969
2 sentences

2017Peebles, 443 S.W.2d at 470 (quoting Jones, 206 S.W.2d at 803 ).

2017Peebles, 443 S.W.2d at 470 (quoting Jones, 206 S.W.2d at 803 ).

12017–2017
State Ex Rel. Byram v. City of Brentwood green
tennctapp · 1991
1 sentence

2000Byram v. City of Brentwood, 833 S.W.2d at 502 ; Goodwin v. Metropolitan Bd. of Health, 656 S.W.2d at 386-87 . [11] Notwithstanding its recognition of the idea that the doctrine of election of remedies does not apply when the chosen remedy has not been prosecuted to a final judgment, the Court held that the proper action for the plaintiff is to dismiss the claim for the inconsistent remedy rather than to amend the complaint to include the remedy that is available.

12000–2000
Goodwin v. Metropolitan Board of Health green
tennctapp · 1983
1 sentence

2000Byram v. City of Brentwood, 833 S.W.2d at 502 ; Goodwin v. Metropolitan Bd. of Health, 656 S.W.2d at 386-87 . [11] Notwithstanding its recognition of the idea that the doctrine of election of remedies does not apply when the chosen remedy has not been prosecuted to a final judgment, the Court held that the proper action for the plaintiff is to dismiss the claim for the inconsistent remedy rather than to amend the complaint to include the remedy that is available.

12000–2000
Grizzard v. Fite green
tenn · 1916
1 sentence

1999See Montlake Coal Co. v. Chattanooga Co., 137 Tenn. 440, 444-45 , 193 S.W. 1057 , 1058 (1917); Grizzard v. Fite, 137 Tenn. 103, 108 , 191 S.W. 969 , 970 (1917), rev’d on other grounds, Barnes v. Walker, 191 Tenn. 364, 372 , 234 S.W.2d 648, 651 (1950).11 11 Notwithstanding its recognition of the idea that the doctrine of election of remedies does not apply when the chosen remedy has not been prosecuted to a final judgment, the Court held that the proper action for the plaintiff is to dismiss the claim for the inconsistent remedy rather than to amend the complaint to include the remedy that is a

11999–1999

Where else courts name it

MO 19 (1888–2020) TX 17 (1944–2022) MI 13 (1873–2018) CA 12 (1897–2025) WA 9 (1922–2015) NY 9 (1873–2019) TN 8 (1969–2026) VA 8 (1854–2023) ND 7 (1948–1999) NJ 7 (1911–2021) KY 7 (1884–2025) PA 7 (1979–2023) OR 6 (1976–2020) WI 6 (1916–2023) MN 5 (1929–1997) MD 5 (1989–2021) IL 5 (1916–2026) IN 5 (1972–2014) IA 4 (1918–2024) AR 4 (1931–2009) OH 4 (2000–2016) NC 4 (1904–2024) MS 4 (1989–2025) SC 3 (1966–2022) FL 3 (1934–1990) GA 3 (1926–1943) NE 3 (1899–1937) VT 3 (1908–2013) NM 3 (2013–2013) UT 3 (1951–2013) CO 2 (2008–2020) OK 2 (1994–2013) LA 2 (2014–2019) AL 2 (1909–1915) AK 2 (1985–2023)

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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