continuing claim (Mississippi) · Go Syfert
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continuing claim in Mississippi

6 Mississippi opinions name it 2 courts 1940–2018 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)

CaseFollowedCited
Riser v. Petersongreen
miss · 1990 · cited in 3 Mississippi opinions naming this issue, 2005–2018
2 sentences

2017“Inability to pay to avoid incarceration is a continuing defense as imprisonment does not accomplish the purpose of the civil contempt decree.” Riser v. Peterson, 566 So.2d 210, 211 (Miss. 1990).

2005On appeal, the Mississippi Supreme Court reversed, holding "[i]nability to pay to avoid incarceration is a continuing defense as imprisonment does not accomplish the purpose of the civil contempt decree." Id. at 211 .

13
Ellis v. Berrygreen
· 1926 · cited in 2 Mississippi opinions naming this issue, 1940–1948
2 sentences

1948With reference to the Statute of Limitations in the Stephens v. Duckworth case, supra, we also said: “It is not even contended here in appellee’s brief that this was not a continuing claim for services, and therefore not barred by the statute of limitations. ’ ’ The case cited as its authority for this holding on the Statute of Limitations, Ellis v. Berry, 145 Miss. 652 , 110 So. 211 , and Gaulden v. Ramsey; Lee v. Lee’s Estate, and McCully v. McCully, supra. Even if it could be said that Boggan v. Scruggs, by implication, overruled McCully v. McCully, there would still remain all of the other

1948With reference to the Statute of Limitations in the Stephens v. Duckworth case, supra, we also said: “It is not even contended here in appellee’s brief that this was not a continuing claim for services, and therefore not barred by the statute of limitations. ’ ’ The case cited as its authority for this holding on the Statute of Limitations, Ellis v. Berry, 145 Miss. 652 , 110 So. 211 , and Gaulden v. Ramsey; Lee v. Lee’s Estate, and McCully v. McCully, supra. Even if it could be said that Boggan v. Scruggs, by implication, overruled McCully v. McCully, there would still remain all of the other

12

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 (6)

CaseCitedYears
Amaria Vassar v. David Vassar green
missctapp · 2017
1 sentence

2018"Inability to pay to avoid incarceration is a continuing defense as imprisonment does not accomplish the purpose of the civil contempt decree." Vassar v. Vassar , 228 So.3d 367 , 380 (¶ 48) (Miss.

12018–2018
Paramount-Richards Theatres, Inc. v. City of Hattiesburg green
miss · 1950
1 sentence

1985Paramount Richards Theatres, Inc., et al. v. City of Hattiesburg, 210 *918 Miss. 271, 49 So.2d 574 (1950); 66 C.J.S.

11985–1985
Gaulden v. Ramsey green
miss · 1920
2 sentences

1940See Ellis v. Berry, 145 Miss. 652 , 110 So. 211 ; Carter v. Witherspoon, 156 Miss. 597 , 126 So. 388 ; Gaulden v. Ramsey, 123 Miss. 1 , 85 So. 109 ; Lee v. Lee’s Estate (Miss.), 191 So. 661 ; McCully v. McCully, 175 Miss. 876 , 168 So. 608 , It is argued that no witness testified as to the value of Mrs. Stephens’ services, and the Chancellor so held.

1940See Ellis v. Berry, 145 Miss. 652 , 110 So. 211 ; Carter v. Witherspoon, 156 Miss. 597 , 126 So. 388 ; Gaulden v. Ramsey, 123 Miss. 1 , 85 So. 109 ; Lee v. Lee’s Estate (Miss.), 191 So. 661 ; McCully v. McCully, 175 Miss. 876 , 168 So. 608 , It is argued that no witness testified as to the value of Mrs. Stephens’ services, and the Chancellor so held.

11940–1940
McCully v. McCully neutral
miss · 1936
2 sentences

1940See Ellis v. Berry, 145 Miss. 652 , 110 So. 211 ; Carter v. Witherspoon, 156 Miss. 597 , 126 So. 388 ; Gaulden v. Ramsey, 123 Miss. 1 , 85 So. 109 ; Lee v. Lee’s Estate (Miss.), 191 So. 661 ; McCully v. McCully, 175 Miss. 876 , 168 So. 608 , It is argued that no witness testified as to the value of Mrs. Stephens’ services, and the Chancellor so held.

1940See Ellis v. Berry, 145 Miss. 652 , 110 So. 211 ; Carter v. Witherspoon, 156 Miss. 597 , 126 So. 388 ; Gaulden v. Ramsey, 123 Miss. 1 , 85 So. 109 ; Lee v. Lee’s Estate (Miss.), 191 So. 661 ; McCully v. McCully, 175 Miss. 876 , 168 So. 608 , It is argued that no witness testified as to the value of Mrs. Stephens’ services, and the Chancellor so held.

11940–1940
Carter v. Witherspoon green
miss · 1930
2 sentences

1940See Ellis v. Berry, 145 Miss. 652 , 110 So. 211 ; Carter v. Witherspoon, 156 Miss. 597 , 126 So. 388 ; Gaulden v. Ramsey, 123 Miss. 1 , 85 So. 109 ; Lee v. Lee’s Estate (Miss.), 191 So. 661 ; McCully v. McCully, 175 Miss. 876 , 168 So. 608 , It is argued that no witness testified as to the value of Mrs. Stephens’ services, and the Chancellor so held.

1940See Ellis v. Berry, 145 Miss. 652 , 110 So. 211 ; Carter v. Witherspoon, 156 Miss. 597 , 126 So. 388 ; Gaulden v. Ramsey, 123 Miss. 1 , 85 So. 109 ; Lee v. Lee’s Estate (Miss.), 191 So. 661 ; McCully v. McCully, 175 Miss. 876 , 168 So. 608 , It is argued that no witness testified as to the value of Mrs. Stephens’ services, and the Chancellor so held.

11940–1940
Lee v. Lee's Estate neutral
· 1939
1 sentence

1940See Ellis v. Berry, 145 Miss. 652 , 110 So. 211 ; Carter v. Witherspoon, 156 Miss. 597 , 126 So. 388 ; Gaulden v. Ramsey, 123 Miss. 1 , 85 So. 109 ; Lee v. Lee’s Estate (Miss.), 191 So. 661 ; McCully v. McCully, 175 Miss. 876 , 168 So. 608 , It is argued that no witness testified as to the value of Mrs. Stephens’ services, and the Chancellor so held.

11940–1940

Where else courts name it

CA 155 (1941–2026) NY 113 (1910–2026) TX 101 (1960–2025) IL 91 (1910–2026) NJ 86 (1971–2026) MA 60 (1971–2025) PA 49 (1932–2026) NC 32 (1969–2025) AL 30 (1984–2023) WA 30 (1984–2026) OH 25 (1995–2026) MD 24 (1972–2021) CT 24 (1987–2024) MO 22 (1980–2025) FL 21 (1974–2025) MN 21 (1983–2025) MI 19 (1972–2024) IA 18 (1990–2021) GA 18 (1940–2024) DC 17 (1980–2020) TN 17 (1995–2026) LA 16 (1979–2019) WV 14 (1981–2025) WI 13 (1924–2026) VA 12 (1999–2025) CO 12 (1989–2026) VT 11 (1996–2026) OK 11 (1916–2014) ME 9 (1996–2025) WY 8 (1939–2000) NM 8 (1995–2018) AZ 8 (2008–2021) KS 7 (1980–2025) NH 7 (2006–2016) OR 7 (1977–2023) DE 6 (2015–2024) IN 6 (1984–2023) RI 6 (2005–2026) MS 6 (1940–2018) ID 5 (1984–2008) AK 5 (1994–2022) MT 5 (1999–2022) NE 4 (1929–2007) VI 4 (2005–2024) SD 4 (1980–2000) KY 4 (1992–2023) SC 3 (2015–2018) UT 2 (1992–2019) ND 2 (2009–2020)

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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