elementary rule in Georgia

2022The BTA relies on the case of Ryan v. Commrs. of Chatham County, 203 Ga. 730, 731-732 (1) ( 48 SE2d 86 ) (1948) for the proposition that “[i]t is an elementary rule of statutory construction that a statute must be construed in relation to other statutes of which it is a part, and all statutes relating to the same subject-matter, briefly called statutes ‘in pari materia,’ are construed together, and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.” While this is a correct statement of the law, it does not result in us reading Subsections (5) a

2022The BTA relies on the case of Ryan v. Commrs. of Chatham County, 203 Ga. 730, 731-732 (1) ( 48 SE2d 86 ) (1948) for the proposition that “[i]t is an elementary rule of statutory construction that a statute must be construed in relation to other statutes of which it is a part, and all statutes relating to the same subject-matter, briefly called statutes ‘in pari materia,’ are construed together, and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.” While this is a correct statement of the law, it does not result in us reading Subsections (5) a

1993Ward, supra; Byrd, supra. Notably, this issue was raised in both Ward and Byrd through motions to quash indictments. “ ‘It is an elementary rule of pleading that substance, not mere nomenclature, controls.’ [Cit.]” Houston, supra; McDonald v. State, 222 Ga. 596 (1) ( 151 SE2d 121 ) (1966).

1993Ward, supra; Byrd, supra. Notably, this issue was raised in both Ward and Byrd through motions to quash indictments. “ ‘It is an elementary rule of pleading that substance, not mere nomenclature, controls.’ [Cit.]” Houston, supra; McDonald v. State, 222 Ga. 596 (1) ( 151 SE2d 121 ) (1966).

1986There may, of course, be a conviction of a lesser offense than that expressly named in the indictment, where the former is necessarily included in the latter, and also in some cases in which the lesser is not so included in the greater offense but where the language used in the indictment is sufficient to embrace the smaller offense." Goldin v. State, 104 Ga. 549, 550 ( 30 SE 749 ) (1898).

1983The charge is possession of more than an ounce of marijuana.” (Emphasis supplied.) In Goldin v. State, 104 Ga. 549, 550 (1,2) ( 30 SE 749 ) (1898), our Supreme Court held: “It is an elementary principle of criminal procedure that no person can be convicted of any offense not charged in the indictment.

1995OCGA § 16-11-106 (b) proscribes possession of “a firearm or a knife having a blade of three or more inches . . . during the commission of . . .” certain enumerated felonies and subsection (a) of this Code section provides that “the term ‘firearm’ shall include stun guns and tasers.” However, OCGA § 16-11-106 does not otherwise define the term “firearm” and defendant argues that this omission, along with the statute’s inclusion of weapons not commonly perceived as firearms, requires exclusion of any weapon not so included which is outside the standard dictionary definition of the term firearm,

1995OCGA § 16-11-106 (b) proscribes possession of “a firearm or a knife having a blade of three or more inches . . . during the commission of . . .” certain enumerated felonies and subsection (a) of this Code section provides that “the term ‘firearm’ shall include stun guns and tasers.” However, OCGA § 16-11-106 does not otherwise define the term “firearm” and defendant argues that this omission, along with the statute’s inclusion of weapons not commonly perceived as firearms, requires exclusion of any weapon not so included which is outside the standard dictionary definition of the term firearm,

2009Moreover, “it is an elementary rule of statutory construction that statutes in pari materia be construed together.” (Citation omitted.) Snyder v. State, 283 Ga. 211, 214 (3) ( 657 SE2d 834 ) (2008) (statutes are “in pari materia” when they relate to the same subject matter).

2009Moreover, “it is an elementary rule of statutory construction that statutes in pari materia be construed together.” (Citation omitted.) Snyder v. State, 283 Ga. 211, 214 (3) ( 657 SE2d 834 ) (2008) (statutes are “in pari materia” when they relate to the same subject matter).

2010Also see generally Butterworth v. Butterworth, *907 227 Ga. 301, 303-304 , 180 S.E.2d 549 (1971), which sets out the elementary rule of statutory construction that a statute must be construed in relation to other statutes of which it is a part, and all statutes relating to the same subject-matter, briefly called statutes "in pari materia," are construed together, and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.

2010Also see generally Butterworth v. Butterworth, *907 227 Ga. 301, 303-304 , 180 S.E.2d 549 (1971), which sets out the elementary rule of statutory construction that a statute must be construed in relation to other statutes of which it is a part, and all statutes relating to the same subject-matter, briefly called statutes "in pari materia," are construed together, and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.

1983Girtman v. Girtman, 191 Ga. 173, 180 (4) ( 11 SE2d 782 ); Chance v. Planters &c.

1983Girtman v. Girtman, 191 Ga. 173, 180 (4) ( 11 SE2d 782 ); Chance v. Planters &c.

1964“The general rale of construction was stated in Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ), as follows: ‘It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.’ For some of the full-bench decisions by this court applying this rule see James v. Maddox, 153 Ga. 208 ( 111 SE 731 ); Green v. Spear

1964“The general rale of construction was stated in Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ), as follows: ‘It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.’ For some of the full-bench decisions by this court applying this rule see James v. Maddox, 153 Ga. 208 ( 111 SE 731 ); Green v. Spear

1963“It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.” Krueger v. MacDougald, 148 Ga. 429 ( 96 SE 867 ); Bowman v. Chapman, 179 Ga. 49 ( 175 SE 241 ); County Bd. of Educ. of Wilcox County v. Board of Commissioners &c. of Wilcox County, 201 Ga. 815, 819 ( 41 SE2d 398 ); Brewton v. McLeod, 216 Ga. 686,

1963“It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.” Krueger v. MacDougald, 148 Ga. 429 ( 96 SE 867 ); Bowman v. Chapman, 179 Ga. 49 ( 175 SE 241 ); County Bd. of Educ. of Wilcox County v. Board of Commissioners &c. of Wilcox County, 201 Ga. 815, 819 ( 41 SE2d 398 ); Brewton v. McLeod, 216 Ga. 686,

1964“The general rale of construction was stated in Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ), as follows: ‘It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.’ For some of the full-bench decisions by this court applying this rule see James v. Maddox, 153 Ga. 208 ( 111 SE 731 ); Green v. Spear

1964“The general rale of construction was stated in Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ), as follows: ‘It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.’ For some of the full-bench decisions by this court applying this rule see James v. Maddox, 153 Ga. 208 ( 111 SE 731 ); Green v. Spear

2014Furthermore, “[i]t is an elementary rule of statutory construction that, absent clear evidence to the contrary, words should be assigned their ordinary, logical, and common meaning.” (Citation and punctuation omitted.) Belvin v. State, 221 Ga. App. 114, 115 ( 470 SE2d 497 ) (1996).

2014Furthermore, “[i]t is an elementary rule of statutory construction that, absent clear evidence to the contrary, words should be assigned their ordinary, logical, and common meaning.” (Citation and punctuation omitted.) Belvin v. State, 221 Ga. App. 114, 115 ( 470 SE2d 497 ) (1996).

2004The case was docketed in this Court on September 16, 2003, and oral argument was heard on January 24, 2004. [2] See, e.g., Lucas v. Smith, 201 Ga. 834, 837 , 41 S.E.2d 527 (1947) ("our system of law is not to be construed by single Code sections or single provisions of the law; the entire system must be construed as a whole to determine the intent and purpose of the laws as applied to each particular case or state of facts."); Mathis v. Cannon, 276 Ga. 16, 26 , 573 S.E.2d 376 (2002) ("It is an elementary rule of statutory construction that a statute must be construed in relation to other statu

2004The case was docketed in this Court on September 16, 2003, and oral argument was heard on January 24, 2004. [2] See, e.g., Lucas v. Smith, 201 Ga. 834, 837 , 41 S.E.2d 527 (1947) ("our system of law is not to be construed by single Code sections or single provisions of the law; the entire system must be construed as a whole to determine the intent and purpose of the laws as applied to each particular case or state of facts."); Mathis v. Cannon, 276 Ga. 16, 26 , 573 S.E.2d 376 (2002) ("It is an elementary rule of statutory construction that a statute must be construed in relation to other statu

2004The case was docketed in this Court on September 16, 2003, and oral argument was heard on January 24, 2004. [2] See, e.g., Lucas v. Smith, 201 Ga. 834, 837 , 41 S.E.2d 527 (1947) ("our system of law is not to be construed by single Code sections or single provisions of the law; the entire system must be construed as a whole to determine the intent and purpose of the laws as applied to each particular case or state of facts."); Mathis v. Cannon, 276 Ga. 16, 26 , 573 S.E.2d 376 (2002) ("It is an elementary rule of statutory construction that a statute must be construed in relation to other statu

2004The case was docketed in this Court on September 16, 2003, and oral argument was heard on January 24, 2004. [2] See, e.g., Lucas v. Smith, 201 Ga. 834, 837 , 41 S.E.2d 527 (1947) ("our system of law is not to be construed by single Code sections or single provisions of the law; the entire system must be construed as a whole to determine the intent and purpose of the laws as applied to each particular case or state of facts."); Mathis v. Cannon, 276 Ga. 16, 26 , 573 S.E.2d 376 (2002) ("It is an elementary rule of statutory construction that a statute must be construed in relation to other statu

2002“However, it is an elementary rule of pleading that substance, *15 not mere nomenclature, controls.” Birt v. State, 256 Ga. 483, 485 (3) ( 350 SE2d 241 ) (1986).

1990However, failure to respond with these specific objections will not always result in a waiver. “[I]t is an elementary rule of pleading that substance, not mere nomenclature, controls. [Cits.]” Birt v. State, 256 Ga. 483, 484 (3), 485 ( 350 SE2d 241 ).

1989In fact, the verdict and judgment below refer to King Cotton, Inc., although there is no question that the intendment of the verdict and judgment was to hold King Cotton, Ltd. liable. "`It is an elementary rule of pleading that substance, not mere nomenclature, controls.' [Cit.]" Franklyn Gesner Fine Paintings v. Ketcham, 252 Ga. 537, 539 ( 314 SE2d 903 ) (1984).

1989In fact, the verdict and judgment below refer to King Cotton, Inc., although there is no question that the intendment of the verdict and judgment was to hold King Cotton, Ltd. liable. "`It is an elementary rule of pleading that substance, not mere nomenclature, controls.' [Cit.]" Franklyn Gesner Fine Paintings v. Ketcham, 252 Ga. 537, 539 ( 314 SE2d 903 ) (1984).

1964“It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.” Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ).

1964“The general rale of construction was stated in Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ), as follows: ‘It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.’ For some of the full-bench decisions by this court applying this rule see James v. Maddox, 153 Ga. 208 ( 111 SE 731 ); Green v. Spear

1964“It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.” Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ).

1964“The general rale of construction was stated in Krueger v. MacDougald, 148 Ga. 429 (1) ( 96 SE 867 ), as follows: ‘It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties.’ For some of the full-bench decisions by this court applying this rule see James v. Maddox, 153 Ga. 208 ( 111 SE 731 ); Green v. Spear

2008“It is an elementary rule of criminal procedure that an indictment should contain a complete description of the offense charged, and that there can be no conviction unless every essential element thereof is both alleged in the indictment and proved by the evidence.” (Citation and punctuation omitted.) State v. Howell, 194 Ga. App. 594 ( 391 SE2d 415 ) (1990).

2008“It is an elementary rule of criminal procedure that an indictment should contain a complete description of the offense charged, and that there can be no conviction unless every essential element thereof is both alleged in the indictment and proved by the evidence.” (Citation and punctuation omitted.) State v. Howell, 194 Ga. App. 594 ( 391 SE2d 415 ) (1990).

1995See Crawford, supra; McCrary v. State, 252 Ga. 521 ( 314 SE2d 662 ) (1984).

1995See Crawford, supra; McCrary v. State, 252 Ga. 521 ( 314 SE2d 662 ) (1984).

1985“When the law is clear and explicit and its provisions are susceptible of but one interpretation, its consequences, if evil, can only be avoided by a change of the law itself, to be effected by legislative and not by judicial action. [Cit.] It is an elementary rule of construction that when a statute is clear and unambiguous, it will be held to mean what has been clearly expressed.” Barnes v. Carter, 120 Ga. 895, 898 ( 48 SE 387 ) (1904); Rayle Elec.

1985"When the law is clear and explicit and its provisions are susceptible of but one interpretation, its consequences, if evil, can only be avoided by a change of the law itself, to be effected by legislative and not by judicial action. [Cit.] It is an elementary rule of construction that when a statute is clear and unambiguous, it will be held to mean what has been clearly expressed." Barnes v. Carter, 120 Ga. 895, 898 ( 48 SE 387 ) (1904); Rayle Elec.