Hardin v. Chambliss, 42 S.E.2d 566 (Ga. 1947). · Go Syfert
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Hardin v. Chambliss, 42 S.E.2d 566 (Ga. 1947). Cases Citing This Book View Copy Cite
44 citation events (2 in the last 25 years) across 8 distinct courts.
Strongest positive: Gee v. State (gactapp, 1964-09-24)
Treatment trajectory · 1948 → 2026 · click a year to view as-of
1948 1987 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Gee v. State
Ga. Ct. App. · 1964 · confidence medium
“If the verdict is founded on slight evidence of corroboration connecting the defendant with the crime, it cannot be said as a matter of law, that the verdict is contrary to the evidence.” Whaley v. State, 177 Ga. 757 (3) ( 171 SE 290 ); Mitchell v. State, 202 Ga. 247, 248 ( 42 SE2d 767 ); Allen v. State, 215 Ga. 455, 457 ( 111 SE2d 70 ).
discussed Cited as authority (rule) Potter v. State
Ga. Ct. App. · 1951 · confidence medium
See also Roberts v. State, 55 Ga. 220 (3); Mitchell v. State, 202 Ga. 247, 248 ( 42 S. E. 2d, 767 ). ‘ “The facts relied upon as corroboration may be trifling when viewed by themselves and separately from the entire case; but the jury had the right to consider all the facts and to consider them in their relations one to another, and to determine whether or not, considering the facts and comparing them in their proper setting, under the evidence adduced they tended to connect the defendant with the commission of the crime and were a sufficient corroboration of the evidence of the accomplice…
discussed Cited as authority (rule) Hamby v. State (2×)
Ga. Ct. App. · 1950 · confidence medium
See also Roberts v. State, 55 Ga. 220 (3); Mitchell v. State, 202 Ga. 247, 248 ( 42 S. E. 2d, 767 ). "`The facts relied upon as corroboration may be trifling when viewed by themselves and separately from the entire case; but the jury had the right to consider all the facts and to consider them in their relations one to another, and to determine whether or not, considering the facts and comparing them in their proper setting, under the evidence adduced, they tended to connect the defendant with the commission of the crime and were a sufficient corroboration of the evidence of the accomplice to …
cited Cited as authority (rule) Blakely v. State
Ga. Ct. App. · 1948 · confidence medium
See also Roberts v. State, 55 Ga. 220 (3); Mitchell v. State, 202 Ga. 247, 248 ( 42 S. E. 2d, 767 ).
discussed Cited "see" Bass v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See id.; see generally Mitchell v. State, 202 Ga. 247, 248 (4) ( 42 SE2d 767 ) (1947) (concerning the admissibility of testimony as to the conduct of dogs when taken to the scene of a crime); Johnson v. State, 165 Ga. App. 146 ( 299 SE2d 740 ) (1983) (concerning the admissibility of evidence as to the conduct of a human-tracking dog).
discussed Cited "see" Gilstrap v. State (2×)
Ga. Ct. App. · 1982 · signal: see · confidence high
See Mitchell v. State, 202 Ga. 247, 248 (3) ( 42 SE2d 767 ) (1947).
cited Cited "see" Trull v. State
Ga. · 1965 · signal: see · confidence high
See Mitchell v. State, 202 Ga. 247 (3) ( 42 SE2d 767 ).
Retrieving the full opinion text from the archive…
Hardin Et Al.
v.
Chambliss
15776..
Supreme Court of Georgia.
Apr 15, 1947.
42 S.E.2d 566
Jones, Jones Sparks , for plaintiffs in error. A. M. Zellner and Steve Schalasny , contra.
Candler, Duckworth.
Cited by 1 opinion  |  Published
Candler, Justice.

Properly, construed, the contract in this case gave the lessees the right to cut and remove timber of specified dimensions from a described tract of land for five years from November 16, 1940, with an option after that time to extend the right to cut and remove such timber for such additional period, not exceeding five years, “as may be desired,” the lessees to pay six percent of the original purchase-price for such extended time a? they may elect to take, “the same to become due and payable at the end of each additional year, so long as the privileges are exercised.” In order for the lessees to extend the time stated in the contract, it was necessary that the option be exercised at the expiration of the five-year term or immediately thereafter by some act manifesting their intention to do so. Edmondson v. Boyd Lumber Co., 34 Ga. App. 274 (129 S. E. 168) ; Taylor v. West, 142 Ga. 193 (82 S. E. 518) ; Shaw v. Bray, 147 Ga. 567 (94 S. E. 1008) ; Starling v. Shaw, 150 Ga. 700 (105 S. E. 299); Hines Lumber Co. v. Lewis, 173 Ga. 131 (159 S. E. 851). It affirmatively appearing from the record that the lessees were not in possession of the described premises at the expiration of the five-year period; and that no notice was given by them of any desire to exercise the privilege of extending the contract for an additional year until approximately two and one-half months after the expiration of the five-year period, and counsel for the plaintiff in error not contending that this was immediately after the expiration of the contract; and there being no other manifestation of the lessees’ desire to do so — the court did not err in overruling a demurrer to the petition as amended, attacking it upon the ground that it failed to state a cause of action for a cancellation of the recorded lease as a cloud on title.

Judgment affirmed.

All the Justices concur, except Duckworth, P. J., who dissents.