Mixed Cases of Law and Equity in Mississippi Courts

Mississippi Law Review, Forthcoming

Mississippi College School of Law Research Paper No. 2017-05

51 Pages Posted: 21 Apr 2017 Last revised: 19 Dec 2017

See all articles by Deborah J. Challener

Deborah J. Challener

Mississippi College - School of Law

Michael H. Hoffheimer

University of Mississippi - School of Law

Date Written: April 21, 2017

Abstract

This paper examines conflicting decisions about what trial court in Mississippi has subject matter jurisdiction over cases asserting mixed common law and equity claims. It finds a trend in recent cases to require litigation of such cases in circuit court in order to preserve the right to jury trial. And it proposes that such cases should be brought in or transferred in circuit court in the absence of extraordinary circumstances. It suggests that extraordinary circumstances would be presented by cases posing the risk of multiple, inconsistent decisions.

Keywords: state court, jurisdiction, equity, common law, right to jury trial

Suggested Citation

Challener, Deborah J. and Hoffheimer, Michael H., Mixed Cases of Law and Equity in Mississippi Courts (April 21, 2017). Mississippi Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2956530

Deborah J. Challener

Mississippi College - School of Law ( email )

151 East Griffith Street
Jackson, MS 39201
United States
601-925-7156 (Phone)
601-925-7113 (Fax)

HOME PAGE: http://www.law.mc.edu/faculty/profile_challener.htm

Michael H. Hoffheimer (Contact Author)

University of Mississippi - School of Law ( email )

Lamar Law Center
P.O. Box 1848
University, MS 38677
United States

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