distinct claim (Mississippi) · Go Syfert
← Mississippi issues

distinct claim in Mississippi

6 Mississippi opinions name it 2 courts 1934–2007 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
Burge v. Stategreen
miss · 1985 · cited in 2 Mississippi opinions naming this issue, 1997–1998
2 sentences

1998Such a contention fails because "the motion for a new trial is addressed to the sound discretion of the trial court." Burge v. State, 472 So.2d 392, 397 (Miss.1985).

1997Such a contention fails because "the motion for a new trial is addressed to the sound discretion of the trial court." Burge v. State, 472 So. 2d 392, 397 (Miss. 1985).

22
Coho Resources, Inc. v. McCarthygreen
miss · 2002 · cited in 1 Mississippi opinions naming this issue, 2007–2007
1 sentence

2007McCarthy, 829 So.2d at 22 (¶ 66); Alldread, 626 So.2d at 102 . ¶ 31.

11
Jackson v. Stategreen
miss · 1980 · cited in 1 Mississippi opinions naming this issue, 1981–1981
1 sentence

1981Without deciding the issue now before us, this Court stated in Jackson v. State, 381 So.2d 1040, 1042 (Miss. 1980) that the "trial court held a distinct hearing following the jury's guilty verdict" on the primary charge there involved, and at the separate hearing determination was made of the defendant's status as an habitual offender for sentencing purposes.

11
National Surety Co. v. Millergreen
miss · 1929 · cited in 1 Mississippi opinions naming this issue, 1934–1934
1 sentence

1934It may well be true that, when a court lays down and delineates a distinct principle of law as the basis of its decision that case will stand as authority for that principle and its application in another case, although not exactly similar upon the facts, if the facts of the subsequent case are nevertheless distinctly within the definite ruling principle upheld in the previous decision, National Surety Company v. Miller, 155 Miss. 115, 131, 132 , 124 So. 251 ; 15 C.

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 (3)

CaseCitedYears
Alldread v. Bailey green
miss · 1993
1 sentence

2007McCarthy, 829 So.2d at 22 (¶ 66); Alldread, 626 So.2d at 102 . ¶ 31.

12007–2007
Kelley Realty Co. v. Botsford neutral
ala · 1918
1 sentence

1979To hold that this clause would not support this action would be to wholly ignore it, and certainly it was not intended by the parties to be a wholly meaningless, useless appendix to the lease contract, to be cut off, should it ever cause trouble. ( 78 So. at 861 ).

11979–1979
Cofield v. State green
ala · 1929
1 sentence

1934It may well be true that, when a court lays down and delineates a distinct principle of law as the basis of its decision that case will stand as authority for that principle and its application in another case, although not exactly similar upon the facts, if the facts of the subsequent case are nevertheless distinctly within the definite ruling principle upheld in the previous decision, National Surety Company v. Miller, 155 Miss. 115, 131, 132 , 124 So. 251 ; 15 C.

11934–1934

Where else courts name it

CA 128 (1871–2026) PA 103 (1897–2024) CT 100 (1895–2026) NY 75 (1874–2026) OH 64 (1898–2025) TX 57 (1916–2026) IL 55 (1886–2025) MI 35 (1922–2026) MO 30 (1875–2025) GA 30 (1895–2025) AZ 29 (1947–2025) NC 26 (1906–2026) FL 25 (1935–2018) AL 24 (1877–2026) WA 24 (1911–2026) LA 22 (1911–2022) MA 20 (1886–2026) NJ 19 (1896–2026) UT 18 (1968–2025) MD 17 (1910–2021) IN 16 (1906–2020) OR 15 (1940–2026) KY 15 (1880–2025) WI 15 (1873–2020) DC 14 (1987–2023) TN 13 (1924–2026) WV 13 (1946–2025) CO 13 (1923–2024) VA 12 (1882–2025) NM 11 (1981–2025) MN 8 (1904–2013) IA 8 (1900–2020) VT 7 (1921–2021) KS 7 (1926–2026) ID 6 (1985–2012) MS 6 (1934–2007) DE 6 (1946–2022) OK 6 (1907–2014) RI 5 (1915–2010) NE 5 (1894–2020) NV 5 (1979–2024) SC 5 (1926–1939) HI 5 (1923–2010) AK 4 (1971–2024) NH 4 (2018–2025) MT 4 (2000–2025) AR 3 (1959–2024) ME 3 (1864–2018) PR 2 (1934–1950) WY 2 (1931–2023)

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.

← Caselaw search · G Cite Topics · Brief Check