gist requirement (Georgia) · Go Syfert
← Georgia issues

gist requirement in Georgia

21 Georgia opinions name it 2 courts 1944–2026 1 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 (14)

CaseFollowedCited
First Christian Church v. Realty Investment Co.green
ga · 1934 · cited in 4 Georgia opinions naming this issue, 1987–1996
2 sentences

1996“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs.” First Christian Church, supra at 39.

1992“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs.” (Emphasis in original.) First Christian Church v. Realty Investment Co., 180 Ga. 35, 39 ( 178 SE 303 ) (1934). “[T]he crux of the requirement for repairs lies not in the actual effectuation of repairs by the prescriber but in the notice of adverse use the performance of such repairs would give to the property owner.

44
Howard v. Renfroegreen
gactapp · 1955 · cited in 3 Georgia opinions naming this issue, 1973–1990
2 sentences

1990“It is, upon timely objection, error to decline to rebuke counsel and to give cautionary instructions to the jury. [Cits.] The gist of the error is that where the rebuke is not made or cautionary instructions given the improper argument goes with the apparent sanction of the court. [Cit.]” Howard v. Renfroe, 93 Ga. App. 59, 62 ( 90 SE2d 598 ) (1955).

1990“It is, upon timely objection, error to decline to rebuke counsel and to give cautionary instructions to the jury. [Cits.] The gist of the error is that where the rebuke is not made or cautionary instructions given the improper argument goes with the apparent sanction of the court. [Cit.]” Howard v. Renfroe, 93 Ga. App. 59, 62 ( 90 SE2d 598 ) (1955).

33
Waters v. Ellzeygreen
gactapp · 2008 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Accord Waters v. Ellzey, 290 Ga. App. 693, 697 (3) ( 660 SE2d 392 ) (2008) (a prescriber cannot prove that he owns a prescriptive easement if he has failed to show that his use of the property sought to be prescribed was adverse rather than permissive).

2013Accord Waters v. Ellzey, 290 Ga. App. 693, 697 (3) ( 660 SE2d 392 ) (2008) (a prescriber cannot prove that he owns a prescriptive easement if he has failed to show that his use of the property sought to be prescribed was adverse rather than permissive).

22
Nelson v. Girardgreen
ga · 1959 · cited in 2 Georgia opinions naming this issue, 1965–2011
2 sentences

2011“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs.” (Citation and punctuation omitted.) Nelson v. Girard, 215 Ga. 518, 520 (2) ( 111 SE2d 60 ) (1959) (“repairs were done through the years under the agreement permitting the [claimant] to use the road and to repair it” showed no adverse use and could not result in a prescriptive easement).

2011“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs.” (Citation and punctuation omitted.) Nelson v. Girard, 215 Ga. 518, 520 (2) ( 111 SE2d 60 ) (1959) (“repairs were done through the years under the agreement permitting the [claimant] to use the road and to repair it” showed no adverse use and could not result in a prescriptive easement).

22
Revocable Trust of Griffin v. Timberlands Holding Co. Atlantic, Inc.green
gactapp · 2014 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026See Griffin, 328 Ga. App. at 38 (3) (“the gist of the requirement as to repairs [and maintenance] is not so much the repairs [and maintenance] as the notice which is given by the [same]”) (citation, punctuation and emphasis omitted).

11
Hatcher v. FAMILY DOLLAR STORES OF GEORGIA, INC.green
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

11
GEORGIA PACIFIC CORP. v. Johnsgreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

11
Norton v. Holcombgreen
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

11
Hallisy v. Snydergreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

11
Rothberg v. Peachtree Investments, Inc.green
ga · 1965 · cited in 1 Georgia opinions naming this issue, 1993–1993
1 sentence

1993The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs.” [Cit.] . . . “[U]se alone is insufficient to acquire prescriptive title [pursuant to OCGA § 44-9-1].” [Cit.] (Emphasis in original.) Rothberg v. Peachtree Investments, supra at 780-781 (2).

11
Cox v. Zuckergreen
ga · 1958 · cited in 1 Georgia opinions naming this issue, 1965–1965
2 sentences

1965Moreover, “use alone is insufficient to acquire prescriptive title.” Cox v. Zucker, 214 Ga. 44, 52 ( 102 SE2d 580 ).

1965Moreover, “use alone is insufficient to acquire prescriptive title.” Cox v. Zucker, 214 Ga. 44, 52 ( 102 SE2d 580 ).

11
Hardin v. Chamblissgreen
ga · 1947 · cited in 1 Georgia opinions naming this issue, 1964–1964
1 sentence

1964“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 ).

11
Allen v. Stategreen
ga · 1959 · cited in 1 Georgia opinions naming this issue, 1964–1964
2 sentences

1964“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 ).

1964“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 ).

11
Stanley v. Squadritogreen
gactapp · 1963 · cited in 1 Georgia opinions naming this issue, 1964–1964
2 sentences

1964We think this contention is controlled adversely to the movants by the holding in Stanley v. Squadrito, 107 Ga. App. 651, 655 ( 131 SE2d 227 ), dealing with Code Ann. § 68-1626 that: “The gist of the violation of the statute ... is driving at a speed greater than is reasonable and prudent under all the circumstances.

1964We think this contention is controlled adversely to the movants by the holding in Stanley v. Squadrito, 107 Ga. App. 651, 655 ( 131 SE2d 227 ), dealing with Code Ann. § 68-1626 that: “The gist of the violation of the statute ... is driving at a speed greater than is reasonable and prudent under all the circumstances.

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 (13)

CaseCitedYears
Rizer v. Harris green
gactapp · 1987
2 sentences

1992The importance of this ‘notice by repair’ requirement is best illustrated in situations where the initial use of the private way was permissive.” Rizer, supra at 33 .

1988“Thus, the crux of the requirement for repairs lies not in the actual effectuation of repairs by the prescriber but in the notice of adverse use the performance of such repairs would give to the property owner.” Rizer v. Harris, supra at 33 .

21988–1992
Butler v. State green
ga · 1914
2 sentences

1973Butler v. State, 142 Ga. 286 (11) ( 82 SE 654 )." See also Martin v. State, 10 Ga. App. 798 (1) ( 74 SE 306 ) and Pelham & Havana R.

1973Butler v. State, 142 Ga. 286 (11) ( 82 SE 654 )." See also Martin v. State, 10 Ga. App. 798 (1) ( 74 SE 306 ) and Pelham & Havana R.

21955–1973
Eileen B. White & Associates, Inc. v. Gunnells green
ga · 1993
1 sentence

2013The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs.” (Citation and punctuation omitted; emphasis in original.) Id.

12013–2013
Dwyer v. Mortgage Electronic Registration Systems, Inc. neutral
gactapp · 2002
2 sentences

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

12008–2008
Hobbs v. Lovelady green
gactapp · 2005
1 sentence

2008Electronic Registration Systems, 258 Ga. App. 220 ( 573 SE2d 489 ) (2002). 4 See Hallisy v. Snyder, 219 Ga. App. 128, 129 (2) ( 464 SE2d 219 ) (1995). 5 Norton v. Holcomb, 285 Ga. App. 78, 80-81 (2) ( 646 SE2d 94 ) (2007). 6 (Citation and punctuation omitted.) Hobbs v. Lovelady, 272 Ga. App. Ill, 112 (1) ( 611 SE2d 661 ) (2005). 7 Id. at 113 (1). 8 See Ga. Pacific Corp. v. Johns, 204 Ga. App. 594, 595 ( 420 SE2d 39 ) (1992) (“The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the *394 repairs.'') (citation and punctuation omitted; emphasis in o

12008–2008
MMT ENTERPRISES, INC. v. Cullars green
gactapp · 1995
2 sentences

1996Cf. MMT Enterprises v. Cullars, 218 Ga. App. 559 ( 462 SE2d 771 ) (1995) (unlike a motion for a new trial or a motion j.n.o.v., a motion to set aside does not extend the deadline within which to appeal the underlying decision).

1996Cf. MMT Enterprises v. Cullars, 218 Ga. App. 559 ( 462 SE2d 771 ) (1995) (unlike a motion for a new trial or a motion j.n.o.v., a motion to set aside does not extend the deadline within which to appeal the underlying decision).

11996–1996
Williams v. State green
ga · 1905
1 sentence

1982Code § 38-122; Williams v. State, 123 Ga. 138 (3) (51SE 322) (1905).

11982–1982
Sandstrom v. Montana green
scotus · 1979
1 sentence

1980Hence the jury could reasonably have understood this charge as being conclusive or burden shifting within the meaning of Sandstrom, supra, and thus we agree with the defendant that this charge constitutes reversible error in this case. 3 The effect of the charge, if the jury did not understand it to be conclusive, was to put the burden of proving accident upon the defendant.

11980–1980
Martin v. State neutral
gactapp · 1912
2 sentences

1973Butler v. State, 142 Ga. 286 (11) ( 82 SE 654 )." See also Martin v. State, 10 Ga. App. 798 (1) ( 74 SE 306 ) and Pelham & Havana R.

1973Butler v. State, 142 Ga. 286 (11) ( 82 SE 654 )." See also Martin v. State, 10 Ga. App. 798 (1) ( 74 SE 306 ) and Pelham & Havana R.

11973–1973
Whaley v. State green
ga · 1933
2 sentences

1964“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 ).

1964“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 ).

11964–1964
Mitchell v. State green
ga · 1947
1 sentence

1964“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 ).

11964–1964
Snider v. State green
ga · 1888
1 sentence

1944The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs;” and in Collier v. Farr, 81 Ga. 753 ( 7 S. E. 860 ), it was said: “In order for one to take or keep another’s land as a road for his private use, he should be compelled to keep it open and in repair.

11944–1944
Collier v. Farr green
ga · 1888
1 sentence

1944The gist of the requirement as to repairs is not so much the repairs as the notice which is given by the repairs;” and in Collier v. Farr, 81 Ga. 753 ( 7 S. E. 860 ), it was said: “In order for one to take or keep another’s land as a road for his private use, he should be compelled to keep it open and in repair.

11944–1944

Statutes the citing opinions construe

GA § 44-9-1 (6) GA § 44-9-40 (4) GA § 44-9-54 (4) GA § 44-9-59 (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

IL 169 (1920–2026) CA 37 (1944–2024) GA 21 (1944–2026) IA 18 (1932–2024) AZ 16 (1966–2022) NY 13 (1902–2017) TX 13 (1922–2026) FL 11 (1932–2019) OR 10 (1899–1999) KS 7 (1940–1991) OK 6 (1925–2011) MD 6 (1905–2018) CT 5 (1932–2003) MO 5 (1904–2016) MN 5 (1908–1983) ME 5 (1910–2020) OH 4 (1897–1999) AL 4 (1916–1982) WV 4 (1943–2021) UT 4 (1989–2019) MT 3 (1973–1982) KY 3 (1999–2017) NJ 3 (1993–2025) DC 3 (1982–2004) AR 2 (2004–2014) NC 2 (1955–1980) IN 2 (1926–1983) PA 2 (1961–2015) MI 2 (1919–1977) WA 2 (1978–1990) SD 2 (1925–1995) MA 2 (1988–2005)

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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