section 20-1404 himself (Georgia) · Go Syfert
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section 20-1404 himself in Georgia

6 Georgia opinions name it 2 courts 1960–1979 0 in the last five years

The cases below were cited by Georgia 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
King v. Pategreen
ga · 1960 · cited in 5 Georgia opinions naming this issue, 1970–1979
2 sentences

1979Furthermore, the judge’s finding of bad faith on behalf of the appellant does not authorize recovery of attorney fees under Code § 20-1404 since " 'A defendant, as against a plaintiff [i.e., by counterclaim], cannot avail himself of the provisions of Code § 20-1404 (King v. Pate, 215 Ga. 593 (3) ( 112 SE2d 589 )).’ Pitman v. Dixie Ornamental Iron Co., 122 Ga. App. 404 (3) ( 177 SE2d 167 ).” Hickman v. Frazier, supra, p. 552.

1979Furthermore, the judge’s finding of bad faith on behalf of the appellant does not authorize recovery of attorney fees under Code § 20-1404 since " 'A defendant, as against a plaintiff [i.e., by counterclaim], cannot avail himself of the provisions of Code § 20-1404 (King v. Pate, 215 Ga. 593 (3) ( 112 SE2d 589 )).’ Pitman v. Dixie Ornamental Iron Co., 122 Ga. App. 404 (3) ( 177 SE2d 167 ).” Hickman v. Frazier, supra, p. 552.

15
Hickman v. Fraziergreen
gactapp · 1973 · cited in 1 Georgia opinions naming this issue, 1979–1979
1 sentence

1979Furthermore, the judge’s finding of bad faith on behalf of the appellant does not authorize recovery of attorney fees under Code § 20-1404 since " 'A defendant, as against a plaintiff [i.e., by counterclaim], cannot avail himself of the provisions of Code § 20-1404 (King v. Pate, 215 Ga. 593 (3) ( 112 SE2d 589 )).’ Pitman v. Dixie Ornamental Iron Co., 122 Ga. App. 404 (3) ( 177 SE2d 167 ).” Hickman v. Frazier, supra, p. 552.

11
Fender v. Phillipsgreen
ga · 1908 · cited in 1 Georgia opinions naming this issue, 1960–1960
2 sentences

1960A defendant cannot avail himself of the provisions of Code § 20-1404, which provides as follows: “The expenses of litigation are not generally allowed as a part of the damages ; but if the defendant has acted in bad faith, or has been stubbornly. litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.” In Fender v. Ramsey & Phillips, 131 Ga. 440, 442 ( 62 S. E. 527 ), this court said: “A litigant is not subject to be penalized by the award of damages whenever he loses his case.

1960A defendant cannot avail himself of the provisions of Code § 20-1404, which provides as follows: “The expenses of litigation are not generally allowed as a part of the damages ; but if the defendant has acted in bad faith, or has been stubbornly. litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.” In Fender v. Ramsey & Phillips, 131 Ga. 440, 442 ( 62 S. E. 527 ), this court said: “A litigant is not subject to be penalized by the award of damages whenever he loses his case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Pitman v. Dixie Ornamental Iron Co. green
gactapp · 1970
2 sentences

1979Furthermore, the judge’s finding of bad faith on behalf of the appellant does not authorize recovery of attorney fees under Code § 20-1404 since " 'A defendant, as against a plaintiff [i.e., by counterclaim], cannot avail himself of the provisions of Code § 20-1404 (King v. Pate, 215 Ga. 593 (3) ( 112 SE2d 589 )).’ Pitman v. Dixie Ornamental Iron Co., 122 Ga. App. 404 (3) ( 177 SE2d 167 ).” Hickman v. Frazier, supra, p. 552.

1979Furthermore, the judge’s finding of bad faith on behalf of the appellant does not authorize recovery of attorney fees under Code § 20-1404 since " 'A defendant, as against a plaintiff [i.e., by counterclaim], cannot avail himself of the provisions of Code § 20-1404 (King v. Pate, 215 Ga. 593 (3) ( 112 SE2d 589 )).’ Pitman v. Dixie Ornamental Iron Co., 122 Ga. App. 404 (3) ( 177 SE2d 167 ).” Hickman v. Frazier, supra, p. 552.

21973–1979
Dugas v. Darden green
gactapp · 1941
2 sentences

1970Dugas v. Darden, 65 Ga. App. 394 ( 15 SE2d 901 ); Douglasville Loan Co. v. Bowen, 219 Ga. 794 ( 136 SE2d 319 ).

1970Dugas v. Darden, 65 Ga. App. 394 ( 15 SE2d 901 ); Douglasville Loan Co. v. Bowen, 219 Ga. 794 ( 136 SE2d 319 ).

11970–1970
DOUGLASVILLE LOAN COMPANY v. Bowen neutral
ga · 1964
2 sentences

1970Dugas v. Darden, 65 Ga. App. 394 ( 15 SE2d 901 ); Douglasville Loan Co. v. Bowen, 219 Ga. 794 ( 136 SE2d 319 ).

1970Dugas v. Darden, 65 Ga. App. 394 ( 15 SE2d 901 ); Douglasville Loan Co. v. Bowen, 219 Ga. 794 ( 136 SE2d 319 ).

11970–1970

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