concurrent finding rule (Tennessee) · Go Syfert
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concurrent finding rule in Tennessee

7 Tennessee opinions name it 2 courts 1937–1999 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.

Followed or applied (9)

CaseFollowedCited
Dale v. Hartmangreen
tenn · 1928 · cited in 2 Tennessee opinions naming this issue, 1992–1999
2 sentences

1999Dale v. Hartman, 157 Tenn. 60, 65 , 6 S.W.2d 319, 321 (1928).

1999Dale v. Hartman, 157 Tenn. 60, 65 , 6 S.W.2d 319, 321 (1928).

22
Long v. Longgreen
tennctapp · 1997 · cited in 1 Tennessee opinions naming this issue, 1998–1998
1 sentence

1998Long v. Long, 957 S.W.2d 825, 829 (Tenn. App. 1997); Genesco, Inc. v. Scolaro, 871 S.W.2d 487, 492 (Tenn. App. 1993).

11
Beare Co. v. Tennessee Department of Revenuegreen
tenn · 1993 · cited in 1 Tennessee opinions naming this issue, 1998–1998
1 sentence

1998Beare Co. v. Department of Revenue, 858 S.W.2d 906, 907 (Tenn. 4 1993); Eyring v. East Tenn. Baptist Hosp., 950 S.W.2d 354, 358 (Tenn. App. 1997).1 Accordingly, the concurrent finding rule did not prohibit the trial court in this case from departing from the special master’s report on the issue of the method of dissolution.

11
Genesco, Inc. v. Scolarogreen
tennctapp · 1993 · cited in 1 Tennessee opinions naming this issue, 1998–1998
1 sentence

1998Long v. Long, 957 S.W.2d 825, 829 (Tenn. App. 1997); Genesco, Inc. v. Scolaro, 871 S.W.2d 487, 492 (Tenn. App. 1993).

11
Eyring v. East Tennessee Baptist Hospitalgreen
tennctapp · 1997 · cited in 1 Tennessee opinions naming this issue, 1998–1998
1 sentence

1998Beare Co. v. Department of Revenue, 858 S.W.2d 906, 907 (Tenn. 4 1993); Eyring v. East Tenn. Baptist Hosp., 950 S.W.2d 354, 358 (Tenn. App. 1997).1 Accordingly, the concurrent finding rule did not prohibit the trial court in this case from departing from the special master’s report on the issue of the method of dissolution.

11
Wallace v. Colliergreen
tennctapp · 1992 · cited in 1 Tennessee opinions naming this issue, 1995–1995
1 sentence

1995See In re Estate of Wallace, 829 S.W.2d 696, 700 (Tenn.App.1992); Crouch v. Crouch, 385 S.W.2d 288, 291 (Tenn.App.1964).

11
Crouch v. Crouchgreen
tennctapp · 1964 · cited in 1 Tennessee opinions naming this issue, 1995–1995
1 sentence

1995See In re Estate of Wallace, 829 S.W.2d 696, 700 (Tenn.App.1992); Crouch v. Crouch, 385 S.W.2d 288, 291 (Tenn.App.1964).

11
Jay v. Griffithgreen
tennctapp · 1969 · cited in 1 Tennessee opinions naming this issue, 1992–1992
2 sentences

1992We will, instead, review the findings of fact in accordance with Tenn.R.App.P. 13(d), see Estate of Griffith v. Griffith, 61 Tenn.App. 72, 86 , 452 S.W.2d 895, 902 (1969), and will make our own independent determination of the reasonableness of the fees and expenses, giving appropriate deference to the probate court’s discretion.

1992We will, instead, review the findings of fact in accordance with Tenn.R.App.P. 13(d), see Estate of Griffith v. Griffith, 61 Tenn.App. 72, 86 , 452 S.W.2d 895, 902 (1969), and will make our own independent determination of the reasonableness of the fees and expenses, giving appropriate deference to the probate court’s discretion.

11
Staggs v. Herff Motor Co.green
tenn · 1965 · cited in 1 Tennessee opinions naming this issue, 1992–1992
2 sentences

1992Staggs v. Herff Motor Co., 216 Tenn. 113, 125 , 390 S.W.2d 245, 251 (1965).

1992Staggs v. Herff Motor Co., 216 Tenn. 113, 125 , 390 S.W.2d 245, 251 (1965).

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 (7)

CaseCitedYears
Conaway v. New York Life Ins. Co. green
tenn · 1937
2 sentences

1938Co. et al., 171 Tenn., 290, 293 , 102 S. W. (2d), 66, 67 , it is said: “Now, the concurrent finding rule above mentioned 'binds this court not only as to the concurrent finding of facts, but applies, also, to concurrently found inferences, if justifiably dr atm, from these facts.” From the facts in the present cause the chancellor and the Court of Appeals concurred in finding that by virtue of the charter of incorporation issued to complainant the unincorporated community became merged into the corporation, and, after carefully considering the record in its entirety, we are unable to say that'

1938Co. et al., 171 Tenn., 290, 293 , 102 S. W. (2d), 66, 67 , it is said: “Now, the concurrent finding rule above mentioned 'binds this court not only as to the concurrent finding of facts, but applies, also, to concurrently found inferences, if justifiably dr atm, from these facts.” From the facts in the present cause the chancellor and the Court of Appeals concurred in finding that by virtue of the charter of incorporation issued to complainant the unincorporated community became merged into the corporation, and, after carefully considering the record in its entirety, we are unable to say that'

21938–1949
Pearson v. Gillenwaters green
tenn · 1897
2 sentences

1999Pearson v. Gillenwaters, 99 Tenn. 446, 459-60 , 42 S.W.9, 12 (1897). 3 More recently, the Supreme Court has explained the difference in the application of the concurrent finding rule by pointing out that: [T]he question of the value of services rendered by an attorney, or receiver, or other trustee, when the facts have been set forth in proper detail as to the actual services rendered, is a matter purely of opinion and estimate, as to which the witnesses testifying, and the Master himself, can have no better basis for a fair opinion, if indeed so good, as the members of an Appellate Court, pos

1999Pearson v. Gillenwaters, 99 Tenn. 446, 459-60 , 42 S.W.9, 12 (1897). 3 More recently, the Supreme Court has explained the difference in the application of the concurrent finding rule by pointing out that: [T]he question of the value of services rendered by an attorney, or receiver, or other trustee, when the facts have been set forth in proper detail as to the actual services rendered, is a matter purely of opinion and estimate, as to which the witnesses testifying, and the Master himself, can have no better basis for a fair opinion, if indeed so good, as the members of an Appellate Court, pos

11999–1999
Lange v. Bartlett green
wisctapp · 1984
1 sentence

1995She relies in part on the language of § 61-1-141 to argue that Griffin clearly is not entitled to share in those profits directly attributable to her services in continuing the business, but only those “profits attributable to the use of his right in the property of the dissolved partnership.” As further authority, Shepherd cites Bracht v. Connell, 313 Pa. 397 , 170 A. 297 (1933), Lange v. Bartlett, 360 N.W.2d at 705 , and Timmermann, 538 P.2d at 1254 .

11995–1995
Timmermann v. Timmermann green
or · 1975
1 sentence

1995She relies in part on the language of § 61-1-141 to argue that Griffin clearly is not entitled to share in those profits directly attributable to her services in continuing the business, but only those “profits attributable to the use of his right in the property of the dissolved partnership.” As further authority, Shepherd cites Bracht v. Connell, 313 Pa. 397 , 170 A. 297 (1933), Lange v. Bartlett, 360 N.W.2d at 705 , and Timmermann, 538 P.2d at 1254 .

11995–1995
Bracht v. Connell green
pa · 1933
2 sentences

1995She relies in part on the language of § 61-1-141 to argue that Griffin clearly is not entitled to share in those profits directly attributable to her services in continuing the business, but only those “profits attributable to the use of his right in the property of the dissolved partnership.” As further authority, Shepherd cites Bracht v. Connell, 313 Pa. 397 , 170 A. 297 (1933), Lange v. Bartlett, 360 N.W.2d at 705 , and Timmermann, 538 P.2d at 1254 .

1995She relies in part on the language of § 61-1-141 to argue that Griffin clearly is not entitled to share in those profits directly attributable to her services in continuing the business, but only those “profits attributable to the use of his right in the property of the dissolved partnership.” As further authority, Shepherd cites Bracht v. Connell, 313 Pa. 397 , 170 A. 297 (1933), Lange v. Bartlett, 360 N.W.2d at 705 , and Timmermann, 538 P.2d at 1254 .

11995–1995
Brown v. Timmons neutral
tenn · 1902
1 sentence

1937In Brown v. Timmons, 110 Tenn., 148 , 72 S. W., 958 , 959, in which case this court reviewed a decree of the Court of Chancery Appeals affirming the chancellor, this court considered this question of practice.

11937–1937
Willcox v. Hines neutral
tenn · 1898
1 sentence

1937Willcox v. Hines, 100 Tenn., 524 , 45 S. W., 781 , 66 Am.

11937–1937

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