agency clause (Mississippi) · Go Syfert
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agency clause in Mississippi

7 Mississippi opinions name it 2 courts 1900–2010 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 (4)

CaseFollowedCited
Everitt v. Lovittgreen
miss · 1966 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010We reaffirm that the “rule requiring exhaustion of administrative remedies will be applied even though a party contends that the action of the administrative agency is beyond the power and jurisdiction of the agency.” Everitt v. Lovitt, 192 So.2d 422, 428 (Miss.1966).

2008We reaffirm that the “rule requiring exhaustion of administrative remedies will be applied even though a party contends that the action of the administrative agency is beyond the power and jurisdiction of the agency.” Everitt v. Lovitt, 192 So. 2d 422, 428 (Miss. 17 1966).

22
Young v. Mississippi State Tax Com'ngreen
miss · 1994 · cited in 2 Mississippi opinions naming this issue, 1997–1999
2 sentences

1999Young v. Mississippi State Tax Comm'n, 635 So.2d 869, 874 (Miss.1994) (citing Bertucci v. Mississippi Dep't of Corrections, 597 So.2d 643 (Miss.1992)). ¶ 12.

1997Young v. Mississippi State Tax Comm'n, 635 So. 2d 869, 874 (Miss.1994) (citing Bertucci v. Mississippi Dep't of Corrections, 597 So. 2d 643 (Miss.1992)). ¶12.

22
Matter of Carroll v. . Knickerbocker Ice Co.green
ny · 1916 · cited in 1 Mississippi opinions naming this issue, 2006–2006
2 sentences

2006The near-inconsistency in McLane-Southern of allowing uncorroborated hearsay as evidence, then not letting it be sufficient by itself to support a decision, has been called the "residuum rule." As explained by perhaps the preeminent American authority on administrative law, Professor Kenneth Culp Davis and his co-author Professor Richard Pierce, an agency under that rule could "accept any evidence that is offered, still in the end there must be a residuum of legal evidence to support the claim before an award can be made." II DAVIS & PIERCE, ADMINISTRATIVE LAW TREATISE, § 10.4 (3d ed.1994) at

2006The near-inconsistency in McLane-Southern of allowing uncorroborated hearsay as evidence, then not letting it be sufficient by itself to support a decision, has been called the "residuum rule." As explained by perhaps the preeminent American authority on administrative law, Professor Kenneth Culp Davis and his co-author Professor Richard Pierce, an agency under that rule could "accept any evidence that is offered, still in the end there must be a residuum of legal evidence to support the claim before an award can be made." II DAVIS & PIERCE, ADMINISTRATIVE LAW TREATISE, § 10.4 (3d ed.1994) at

11
Gulf Guaranty Life Ins. Co. v. Middletongreen
miss · 1978 · cited in 1 Mississippi opinions naming this issue, 1985–1985
1 sentence

1985See Gulf Guaranty Life Insurance Co. v. Middleton, 361 So.2d 1377, 1383 (Miss. 1978); Clow Corporation v. J.D.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Bertucci v. DEPT. OF CORRECTIONS green
miss · 1992
2 sentences

1999Young v. Mississippi State Tax Comm'n, 635 So.2d 869, 874 (Miss.1994) (citing Bertucci v. Mississippi Dep't of Corrections, 597 So.2d 643 (Miss.1992)). ¶ 12.

1997Young v. Mississippi State Tax Comm'n, 635 So. 2d 869, 874 (Miss.1994) (citing Bertucci v. Mississippi Dep't of Corrections, 597 So. 2d 643 (Miss.1992)). ¶12.

21997–1999
Grace v. American Central Insurance green
scotus · 1883
1 sentence

1900Co., 109 U. S., 278 , in which a clause in the policy that the person procuring the insurance to be taken should be deemed the agent of tha assured and not of the company, was held to import nothing move than that the person obtaining the insurance was to be deemed the agent of the insured in the matters immediately connected with the procurement, of the policy, and that where his employment did not extend beyond the procurement of the insurance, his agency ceased upon the execution of the policy, and subsequent notice to him of its termination by the company was not notice to the insured.

11900–1900
Planters' Insurance v. Myers green
miss · 1877
1 sentence

1900Co. v, Myers, 55 Miss., 479 , an agency clause in a policy of insurance was held to be void, as involving a legal contradiction.

11900–1900
Continental Insurance v. Pearce neutral
kan · 1888
1 sentence

1900Co. v. Pearce, 39 Kan., 396 , it said : 'This is but a form of words to attempt to create on paper an agency which in fact never existed.

11900–1900
North British & Mercantile Insurance v. Crutchfield neutral
ind · 1886
1 sentence

1900Co. v. Crutchfield, 108 Ind., 518 , the agency clause was held to be absolutely void as applied to a local agent, upon whose counter signature the validity of the policy, by its terms, was made to depend.

11900–1900

Where else courts name it

NY 373 (1857–2026) TX 176 (1919–2025) CA 157 (1929–2025) WY 130 (1979–2026) WA 92 (1970–2026) IL 91 (1906–2026) FL 82 (1974–2026) OH 73 (1938–2026) OR 62 (1932–2025) IA 59 (1923–2023) HI 53 (1987–2026) MD 51 (1963–2022) NJ 49 (1955–2026) CT 42 (1913–2026) PA 35 (1958–2025) MA 34 (1965–2026) WI 31 (1975–2022) MO 30 (1885–2022) CO 28 (1983–2026) DC 27 (1967–2025) LA 26 (1962–2020) GA 22 (1975–2023) TN 21 (1932–2023) MI 20 (1957–2026) MN 17 (1901–2023) AL 16 (1939–2024) RI 15 (1979–2011) NE 14 (1984–2024) IN 13 (1861–2019) OK 12 (1924–2021) NC 12 (1977–2024) AR 12 (1983–2023) NM 11 (1984–2026) SD 11 (1979–2021) KS 11 (1995–2026) ME 10 (2000–2025) AZ 10 (1972–2025) WV 10 (1993–2023) AK 9 (1980–2025) VT 9 (1983–2025) DE 9 (1912–2026) ID 9 (1910–2024) NV 9 (1914–2022) UT 8 (1988–2024) ND 8 (1985–2000) MS 7 (1900–2010) VA 6 (1921–2024) KY 5 (1934–2025) NH 4 (2001–2023) SC 4 (2002–2018) MT 3 (1993–2017)

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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