7 Tennessee opinions name it 2 courts 1909–2020 0 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 |
|---|---|---|
Johnson v. Johnsongreen1 sentence2020See Johnson v. Johnson, 67 Tenn. 261, 263 (1874) (granting reformation after noting that there were no creditors or purchasers for value without notice that could object to reformation); Gibson v. Flynn, No. 88-120-II, 1988 WL 119257 , at *3 (Tenn. Ct. App. Nov. 10, 1988) (“It is an almost universal rule of equity not to grant relief by way of reformation to the injury of innocent third persons such as bona fide purchasers, lienholders, and others who without notice have acquired intervening or vested rights... .” (quoting Crahane v. Swan, 318 P.2d 942, 945 (Ore. 1957))). | 1 | 1 |
CRAHANE v. Swangreen1 sentence2020See Johnson v. Johnson, 67 Tenn. 261, 263 (1874) (granting reformation after noting that there were no creditors or purchasers for value without notice that could object to reformation); Gibson v. Flynn, No. 88-120-II, 1988 WL 119257 , at *3 (Tenn. Ct. App. Nov. 10, 1988) (“It is an almost universal rule of equity not to grant relief by way of reformation to the injury of innocent third persons such as bona fide purchasers, lienholders, and others who without notice have acquired intervening or vested rights... .” (quoting Crahane v. Swan, 318 P.2d 942, 945 (Ore. 1957))). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Christian v. Lapidus
green
2 sentences2010In Panish, the Tennessee Supreme Court reconsidered its prior finding in Christian v. Lapidus, 833 S.W.2d 71 (Tenn.1992), and held: We are persuaded by our examination of the decisions of other states and other authority that the almost universal rule is that a dismissal of a complaint on procedural grounds that do[es] not reflect on the merits is not a “favorable termination” for a malicious prosecution cause of action.... 2009In Parrish, the Tennessee Supreme Court reconsidered its prior finding in Christian v. Lapidus, 833 S.W.2d 71 (Tenn. 1992), and held: We are persuaded by our examination of the decisions of other states and other authority that the almost universal rule is that a dismissal of a complaint on procedural grounds that do[es] not reflect on the merits is not a “favorable termination” for a malicious prosecution cause of action. . . . | 3 | 2009–2010 |
Parrish v. Marquis
green
1 sentence2009The Appellees assert that their withdrawal of the Motion to Show Cause “could not possibly form the basis for an action for malicious prosecution” because of the Tennessee Supreme Court’s opinion in Parrish v. Marquis, 172 S.W.3d 526 (Tenn. 2005), which reconsidered its finding in Christian, supra, and held that: 9 Because the factual basis of the Motion to Show Cause and the Petition is the same, however, our discussion of the facts is applicable to both. -6- We are persuaded by our examination of the decisions of other states and other authority that the almost universal rule is that a dismi | 1 | 2009–2009 |
Doty v. Doty
green
2 sentences1964The agreement becomes merged in the decree and loses its contractual nature.” Doty v. Doty, 37 Tenn.App. 120 , 260 S.W.2d 411 (1952). *116 The authors of American Jurisprudence in 17 Am.Jur., sec. 733, at page 776, make this very apt statement: “It would appear to be the almost universal rule that where a court has the general power to modify a decree for alimony, such power is not affected by the fact that such a decree for alimony refers to, or even incorporates or adopts, an agreement entered into by the parties to the action. 1964The agreement becomes merged in the decree and loses its contractual nature.” Doty v. Doty, 37 Tenn.App. 120 , 260 S.W.2d 411 (1952). *116 The authors of American Jurisprudence in 17 Am.Jur., sec. 733, at page 776, make this very apt statement: “It would appear to be the almost universal rule that where a court has the general power to modify a decree for alimony, such power is not affected by the fact that such a decree for alimony refers to, or even incorporates or adopts, an agreement entered into by the parties to the action. | 1 | 1964–1964 |
Saulman v. Mayor of Nashville
green
1 sentence1947Cas. 1916C, 1254 held that: “It is settled beyond dispute that a municipality which operates its own water, electric light, or gas plant acts in a private and not a governmental capacity, and is liable for its negligence in connection therewith.” This holding was reaffirmed in Memphis Power & Light Co. v. City of Memphis, decided in 1937, and reported in 172 Tenn. 346 , at page 356, 112 S, W. (2d) 817, at page 820, wherein this Court said: “Complainant predicates its attack upon the false' premise that a municipality, in constructing and operating an electric lighting plant, is engaging in a g | 1 | 1947–1947 |
Memphis Power & Light Co. v. City of Memphis
green
2 sentences1947Cas. 1916C, 1254 held that: “It is settled beyond dispute that a municipality which operates its own water, electric light, or gas plant acts in a private and not a governmental capacity, and is liable for its negligence in connection therewith.” This holding was reaffirmed in Memphis Power & Light Co. v. City of Memphis, decided in 1937, and reported in 172 Tenn. 346 , at page 356, 112 S, W. (2d) 817, at page 820, wherein this Court said: “Complainant predicates its attack upon the false' premise that a municipality, in constructing and operating an electric lighting plant, is engaging in a g 1947Cas. 1916C, 1254 held that: “It is settled beyond dispute that a municipality which operates its own water, electric light, or gas plant acts in a private and not a governmental capacity, and is liable for its negligence in connection therewith.” This holding was reaffirmed in Memphis Power & Light Co. v. City of Memphis, decided in 1937, and reported in 172 Tenn. 346 , at page 356, 112 S, W. (2d) 817, at page 820, wherein this Court said: “Complainant predicates its attack upon the false' premise that a municipality, in constructing and operating an electric lighting plant, is engaging in a g | 1 | 1947–1947 |
Nashville Trust Co. v. City of Nashville
green
2 sentences1947Cas. 1916C, 1254 held that: “It is settled beyond dispute that a municipality which operates its own water, electric light, or gas plant acts in a private and not a governmental capacity, and is liable for its negligence in connection therewith.” This holding was reaffirmed in Memphis Power & Light Co. v. City of Memphis, decided in 1937, and reported in 172 Tenn. 346 , at page 356, 112 S, W. (2d) 817, at page 820, wherein this Court said: “Complainant predicates its attack upon the false' premise that a municipality, in constructing and operating an electric lighting plant, is engaging in a g 1947Cas. 1916C, 1254 held that: “It is settled beyond dispute that a municipality which operates its own water, electric light, or gas plant acts in a private and not a governmental capacity, and is liable for its negligence in connection therewith.” This holding was reaffirmed in Memphis Power & Light Co. v. City of Memphis, decided in 1937, and reported in 172 Tenn. 346 , at page 356, 112 S, W. (2d) 817, at page 820, wherein this Court said: “Complainant predicates its attack upon the false' premise that a municipality, in constructing and operating an electric lighting plant, is engaging in a g | 1 | 1947–1947 |
Barnum v. Barnum
green
1 sentence1909There are other cases cited by complainant (Barnum v. Barnum, 42 Md., 251 ; Stoltz v. Doering, 112 Ill., 234 ; Sneed v. Ewing, 5 J. | 1 | 1909–1909 |
Stoltz v. Doering
neutral
1 sentence1909There are other cases cited by complainant (Barnum v. Barnum, 42 Md., 251 ; Stoltz v. Doering, 112 Ill., 234 ; Sneed v. Ewing, 5 J. | 1 | 1909–1909 |
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.