again rule in Mississippi

6 Mississippi opinions name it 1 courts 1952–1992 0 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.

Followed or applied (2)

Case	Followed	Cited
Cochran v. Stategreen miss · 1973 · cited in 1 Mississippi opinions naming this issue, 1985–1985 1 sentence 1985The law regarding peremptory instructions in Mississippi is stated in Cochran v. State, 278 So.2d 451, 453 (Miss. 1973): The rule in regard to a peremptory instruction is the same in criminal and civil cases, the rule being that when all the evidence on behalf of the state is taken as true, together with all sound or reasonable inferences that may be drawn therefrom if there is enough to support a verdict of conviction, the peremptory instruction must be denied.	1	1
New Orleans & Northeastern Railroad v. Thorntongreen miss · 1963 · cited in 1 Mississippi opinions naming this issue, 1967–1967 2 sentences 1967Co. v. Thornton, 247 Miss. 616, 622 , 156 So.2d 598, 600 (1963), this Court again stated the rule to be followed by a trial court in passing upon a request for a directed verdict: “ ‘The rule be applied in determining whether a party is entitled to a directed verdict has been stated in many of our cases. 1967Co. v. Thornton, 247 Miss. 616, 622 , 156 So.2d 598, 600 (1963), this Court again stated the rule to be followed by a trial court in passing upon a request for a directed verdict: “ ‘The rule be applied in determining whether a party is entitled to a directed verdict has been stated in many of our cases.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Hooker v. Hooker green miss · 1967 2 sentences 1992The lower court dismissed John Brennan's petition for modification, relying upon Hooker v. Hooker, 205 So.2d 276 , 278 (Miss. 1967), wherein this Court again stated the rule that "Conversely, a husband may not petition for modification of the original decree without showing either that he has performed it or that his performance has been wholly impossible". 1992Id. at 278 .	1	1992–1992
Hammond v. State green miss · 1985 1 sentence 1985In Hammond v. State, 465 So.2d 1031 (Miss. 1985), this Court again stated the rule pertaining to peremptory instructions and directed verdicts in criminal cases as follows: The rule for considering motions for directed verdicts and requests for peremptory instructions in criminal cases is stated in Warn v. State, 349 So.2d 1055 (Miss. 1977): Peremptory instructions should be refused if there is enough evidence to support a verdict....	1	1985–1985
Warn v. State green miss · 1977 1 sentence 1985In Hammond v. State, 465 So.2d 1031 (Miss. 1985), this Court again stated the rule pertaining to peremptory instructions and directed verdicts in criminal cases as follows: The rule for considering motions for directed verdicts and requests for peremptory instructions in criminal cases is stated in Warn v. State, 349 So.2d 1055 (Miss. 1977): Peremptory instructions should be refused if there is enough evidence to support a verdict....	1	1985–1985
Logan v. Johnson neutral miss · 1894 1 sentence 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894).	1	1979–1979
Moore v. Crump neutral miss · 1904 1 sentence 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894).	1	1979–1979
Redding v. State neutral miss · 1951 2 sentences 1979In Redding v. State, 211 Miss. 855 , 53 So.2d 7 (1951), this Court again stated this rule of evidence: “[N]o statements made by the prosecutrix are admissible except her complaint that she had been ravished. 1979In Redding v. State, 211 Miss. 855 , 53 So.2d 7 (1951), this Court again stated this rule of evidence: “[N]o statements made by the prosecutrix are admissible except her complaint that she had been ravished.	1	1979–1979
Conner v. Conner green miss · 1960 2 sentences 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894). 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894).	1	1979–1979
Jordan v. Jordan green · 1927 2 sentences 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894). 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894).	1	1979–1979
STOVALL v. Stovall green miss · 1953 2 sentences 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894). 1979The Court said that in order to establish such a claim that the evidence must be “clear, unequivocal, convincing and beyond a reasonable doubt.” Conner v. Conner, 238 Miss. 471 , 119 So.2d 240 (1960); Stovall v. Stovall, 218 Miss. 364 , 67 So.2d 391 (1953); Jordan v. Jordan, 145 Miss. 779 , 111 So. 102 (1927); Moore v. Crump, 84 Miss. 612 , 37 So. 109 (1904); Logan v. Johnson, 72 Miss. 185 , 16 So. 231 (1894).	1	1979–1979
Matter of Estate of Evans green miss · 1978 1 sentence 1979In 1978, In Matter of Estate of Evans, 359 So.2d 1381 (Miss.1978), this Court again stated the rule regarding the burden of proof which rests upon one who claims under an alleged resulting trust.	1	1979–1979
Jones v. Gaddis neutral · 1890 1 sentence 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed.	1	1952–1952
Crowder v. Neal green miss · 1911 2 sentences 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed. 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed.	1	1952–1952
Greer v. Pickett neutral miss · 1921 2 sentences 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed. 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed.	1	1952–1952
Schuler v. McGee neutral miss · 1921 2 sentences 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed. 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed.	1	1952–1952
Evans v. Harrison green miss · 1922 2 sentences 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed. 1952Jones v. Gaddis, 67 Miss. 761 , 7 So. 489 ; Greer v. Pickett, 127 Miss. 739 , 90 So. 449 ; Schuler v. McGee, 127 Miss. 873 , 90 So. 713 ; Evans v. Harrison, 130 Miss. 157 , 93 So. 737 .” In the case of Crowder v. Neal, 100 Miss. 730 , 57 So. 1 , the Court again applied the rule laid down in Metcalfe v. McCutchen, supra, and in that case the Court said: “It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed.	1	1952–1952

Where else courts name it

CA 10 (1947–2024) IL 7 (1897–1979) MS 6 (1952–1992) OK 6 (1929–2017) CO 5 (1964–2015) PA 5 (1941–1995) WI 5 (1928–1999) NY 4 (1936–2018) LA 4 (1974–2013) NM 3 (1948–2025) IN 3 (1971–1996) FL 3 (1959–2010) TX 3 (1977–1994) OR 2 (1930–1993) MO 2 (1905–1963) KS 2 (1981–1981)

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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