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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.
| Case | Followed | Cited |
|---|---|---|
First Christian Church v. Realty Investment Co.green2 sentences1996“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. | 4 | 4 |
Howard v. Renfroegreen2 sentences1990“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). | 3 | 3 |
Waters v. Ellzeygreen2 sentences2013Accord 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). | 2 | 2 |
Nelson v. Girardgreen2 sentences2011“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). | 2 | 2 |
Revocable Trust of Griffin v. Timberlands Holding Co. Atlantic, Inc.green1 sentence2026See 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). | 1 | 1 |
Hatcher v. FAMILY DOLLAR STORES OF GEORGIA, INC.green2 sentences2008Electronic 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 | 1 | 1 |
GEORGIA PACIFIC CORP. v. Johnsgreen2 sentences2008Electronic 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 | 1 | 1 |
Norton v. Holcombgreen2 sentences2008Electronic 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 | 1 | 1 |
Hallisy v. Snydergreen2 sentences2008Electronic 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 | 1 | 1 |
Rothberg v. Peachtree Investments, Inc.green1 sentence1993The 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). | 1 | 1 |
Cox v. Zuckergreen2 sentences1965Moreover, “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 ). | 1 | 1 |
Hardin v. Chamblissgreen1 sentence1964“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 ). | 1 | 1 |
Allen v. Stategreen2 sentences1964“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 ). | 1 | 1 |
Stanley v. Squadritogreen2 sentences1964We 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rizer v. Harris
green
2 sentences1992The 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 . | 2 | 1988–1992 |
Butler v. State
green
2 sentences1973Butler 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. | 2 | 1955–1973 |
Eileen B. White & Associates, Inc. v. Gunnells
green
1 sentence2013The 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. | 1 | 2013–2013 |
Dwyer v. Mortgage Electronic Registration Systems, Inc.
neutral
2 sentences2008Electronic 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 | 1 | 2008–2008 |
Hobbs v. Lovelady
green
1 sentence2008Electronic 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 | 1 | 2008–2008 |
MMT ENTERPRISES, INC. v. Cullars
green
2 sentences1996Cf. 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). | 1 | 1996–1996 |
Williams v. State
green
1 sentence1982Code § 38-122; Williams v. State, 123 Ga. 138 (3) (51SE 322) (1905). | 1 | 1982–1982 |
Sandstrom v. Montana
green
1 sentence1980Hence 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. | 1 | 1980–1980 |
Martin v. State
neutral
2 sentences1973Butler 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. | 1 | 1973–1973 |
Whaley v. State
green
2 sentences1964“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 ). | 1 | 1964–1964 |
Mitchell v. State
green
1 sentence1964“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 ). | 1 | 1964–1964 |
Snider v. State
green
1 sentence1944The 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. | 1 | 1944–1944 |
Collier v. Farr
green
1 sentence1944The 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. | 1 | 1944–1944 |
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.
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.