instance principle (Mississippi) · Go Syfert
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instance principle in Mississippi

6 Mississippi opinions name it 2 courts 2000–2017 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 (3)

CaseFollowedCited
Earwood v. Reevesgreen
miss · 2001 · cited in 4 Mississippi opinions naming this issue, 2007–2017
2 sentences

2017This Court is "compelled to acknowledge the adage that rules are promulgated for a purpose, this being precisely an instance in which that principle applies." Id. at (¶ 13) (quoting Earwood , 798 So.2d at 516 (¶ 26) ).

2009The Court stated that “[w]e are compelled to acknowledge that adage that rules are promulgated for a purpose, this being precisely an instance in which the principle applies.” Id. (quoting Earwood v. Reeves, 798 So.2d 508, 516 (Miss.2001)).

44
Martin v. Simmonsgreen
miss · 1990 · cited in 3 Mississippi opinions naming this issue, 2007–2009
2 sentences

2009Further, in Scoggins , this Court noted that any difficulty with the case “could easily have been eliminated if a motion to withdraw or amend the answers had been filed pursuant to Rule 36(b) and if there were justifiable excuse.” Id. (quoting Martin v. Simmons, 571 So.2d 254, 257 (Miss.1990)). ¶ 30.

2009Further, in Scoggins , this Court noted that any difficulty with the case "could easily have been eliminated if a motion to withdraw or amend the answers had been filed pursuant to Rule 36(b) and if there were justifiable excuse." Id. (quoting Martin v. Simmons, 571 So.2d 254, 257 (Miss.1990)). ¶ 30.

33
Young v. Smithgreen
miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017"For certain, all courts, counsel, and litigants would rather see cases decided on the merits." Young , 67 So.3d at 741 (¶ 17).

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
Scoggins v. BAPTIST MEM. HOSPITAL-DESOTO green
miss · 2007
2 sentences

2017This Court is "compelled to acknowledge the adage that rules are promulgated for a purpose, this being precisely an instance in which that principle applies." Id. at (¶ 13) (quoting Earwood , 798 So.2d at 516 (¶ 26) ).

2009The Court stated that “[w]e are compelled to acknowledge that adage that rules are promulgated for a purpose, this being precisely an instance in which the principle applies.” Id. (quoting Earwood v. Reeves, 798 So.2d 508, 516 (Miss.2001)).

42007–2017
Chancellor v. State green
missctapp · 2001
1 sentence

2008Chancellor v. State, 809 So.2d 700 (Miss.Ct.App.2001). *1288 The right to be free from illegal sentences applies to sentences where the defendant suffers a greater sentence rather than the luxury of a lesser sentence.

12008–2008
Bevill v. State green
miss · 1996
1 sentence

2000Id.

12000–2000

Statutes the citing opinions construe

MS § Miss. Code Ann. § 93-13-1 (3) MS § Miss. Code Ann. § 93-15-101 (3) MS § Miss. Code Ann. § 93-15-103 (3) MS § Miss. Code Ann. § 93-15-105 (3) MS § Miss. Code Ann. § 93-15-109 (3) MS § Miss. Code Ann. § 93-17-3 (3) MS § Miss. Code Ann. § 93-5-24 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 36 (1901–2024) TX 31 (1903–2025) MI 19 (1936–2024) IL 18 (1897–2016) CA 16 (1895–2021) PA 14 (1914–2026) GA 14 (1900–2023) FL 13 (1932–2011) WA 10 (1920–2025) WY 8 (1978–2024) MA 8 (1955–2013) NJ 6 (1891–2001) MO 6 (1909–2007) OH 6 (1995–2013) NC 6 (1896–2020) CT 6 (1926–2015) MS 6 (2000–2017) MD 5 (1977–2025) NM 5 (1929–2005) WV 4 (1981–2005) CO 3 (1981–2015) KY 3 (1937–2016) AL 3 (1970–1989) ME 3 (1981–2017) MN 2 (1878–1955) KS 2 (1944–2000) LA 2 (1914–1984) RI 2 (1979–2015) IA 2 (1921–1975) NE 2 (1923–2001) MT 2 (1917–1943) AZ 2 (1923–1974) OR 2 (1918–2020) WI 2 (1933–2014) VA 2 (1950–1995) IN 2 (1887–2020) DC 2 (2008–2016)

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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