known rule in Georgia

2016See Ga. Bd. of Chiropractic Examiners v. Ball, 224 Ga. 85, 89 (1) ( 160 SE2d 340 ) (1968) (“It is a well known rule that in construing a statute where certain acts are specified which are followed by a general expression referring to other acts, such other acts must be of like character with those named.

2016See Ga. Bd. of Chiropractic Examiners v. Ball, 224 Ga. 85, 89 (1) ( 160 SE2d 340 ) (1968) (“It is a well known rule that in construing a statute where certain acts are specified which are followed by a general expression referring to other acts, such other acts must be of like character with those named.

2016Ejusdem generis is a rule of construction to ascertain and give effect to legislative intent [as reflected in the plain meaning of the relevant text].” (punctuation omitted) (emphasis added)); Standard Oil Co. v. Swanson, 121 Ga. 412, 415 ( 49 SE 262 ) (1904) (“[When] a statute or other document enumerates several classes of persons or things, and immediately following, and classed with such enumeration, the clause embraces ‘other’ persons or things, the word ‘other’ will generally be read as ‘other such like,’ so that persons or things therein comprised may be read as ejusdem generis with, an

2016Ejusdem generis is a rule of construction to ascertain and give effect to legislative intent [as reflected in the plain meaning of the relevant text].” (punctuation omitted) (emphasis supplied)); Standard Oil Co. v. Swanson, 121 Ga. 412, 415 ( 49 SE 262, 263 ) (1904) (“[When] a statute or other document enumerates several classes of persons or things, and immediately following, and classed with such enumeration, the clause embraces ‘other’ persons or things, the word ‘other’ will generally be read as ‘other such like,’ so that persons or things therein comprised may be read as ejusdem generis

2013Thus, the District failed to show by a preponderance of the evidence that Hersh intentionally refused or consciously neglected to comply with a known rule, and the superior court properly reversed the ruling of the DOL Board of Review denying Hersh benefits.3 See Millen v. Caldwell, 253 Ga. at 115 (finding insufficient evidence to sustain denial of benefits where employee was fired for exactly the same conduct she had engaged in many times before and no evidence existed of a written rule or an unwritten rule properly communicated to employee); Slade v. Butler, 317 Ga. App. 688 ( 732 SE2d 543 )

2013Thus, the District failed to show by a preponderance of the evidence that Hersh intentionally refused or consciously neglected to comply with a known rule, and the superior court properly reversed the ruling of the DOL Board of Review denying Hersh benefits. 3 See Millen v. Caldwell, 253 Ga. at 115 (finding insufficient evidence to sustain denial of benefits where employee was fired for exactly the same conduct she had engaged in many times before and no evidence existed of a written rule or an unwritten rule properly communicated to employee); Slade v. Butler, 317 Ga. App. 688 ( 732 SE2d 543

2013We note that in Ellis v. Caldwell, 290 Ga. 336, 339 (2) (a) ( 720 SE2d 628 ) (2012), the Supreme Court of Georgia determined that the trial court made its attorney fee award under OCGA § 9-15-14 (b) based on the language in the order even though the specific subsection was not cited.

2013We note that in Ellis v. Caldwell, 290 Ga. 336, 339 (2) (a) ( 720 SE2d 628 ) (2012), the Supreme Court of Georgia determined that the trial court made its attorney fee award under OCGA § 9-15-14 (b) based on the language in the order even though the specific subsection was not cited.

2013Co., 284 Ga. App. 747, 752 (3) (b) ( 644 SE2d 281 ) (2007).

2013Co., 284 Ga. App. 747, 752 (3) (b) ( 644 SE2d 281 ) (2007).

2013See Powell v. Dougherty Christian Academy, 215 Ga. App. 551, 553 ( 451 SE2d 465 ) (1994) (“an individual [may] not receive other compensation based on his previous work and unemployment benefits based on the same work”). 11 2.

2013See Powell v. Dougherty Christian Academy, 215 Ga. App. 551, 553 ( 451 SE2d 465 ) (1994) (“an individual [may] not receive other compensation based on his previous work and unemployment benefits based on the same work”). 11 2.

2010In Brawner v. Marietta City Bd. of Ed., 285 Ga. App. 10, 12 ( 646 SE2d 89 ) (2007), we construed insubordination to mean “willful disobedience of, or refusal to obey, a reasonable and valid rule, regulation or order issued by the school board or an administrative superior.” Similarly, a wilful neglect of duty is demonstrated by “a flagrant act or omission, intentional violation of a known rule or policy, or a continuous course of reprehensible conduct.” Terry v. Houston County Bd. of Ed., 178 Ga. App. 296, 299 ( 342 SE2d 774 ) (1986).

2010In Brawner v. Marietta City Bd. of Ed., 285 Ga. App. 10, 12 ( 646 SE2d 89 ) (2007), we construed insubordination to mean “willful disobedience of, or refusal to obey, a reasonable and valid rule, regulation or order issued by the school board or an administrative superior.” Similarly, a wilful neglect of duty is demonstrated by “a flagrant act or omission, intentional violation of a known rule or policy, or a continuous course of reprehensible conduct.” Terry v. Houston County Bd. of Ed., 178 Ga. App. 296, 299 ( 342 SE2d 774 ) (1986).

2010In Brawner v. Marietta City Bd. of Ed., 285 Ga. App. 10, 12 ( 646 SE2d 89 ) (2007), we construed insubordination to mean “willful disobedience of, or refusal to obey, a reasonable and valid rule, regulation or order issued by the school board or an administrative superior.” Similarly, a wilful neglect of duty is demonstrated by “a flagrant act or omission, intentional violation of a known rule or policy, or a continuous course of reprehensible conduct.” Terry v. Houston County Bd. of Ed., 178 Ga. App. 296, 299 ( 342 SE2d 774 ) (1986).

2010In Brawner v. Marietta City Bd. of Ed., 285 Ga. App. 10, 12 ( 646 SE2d 89 ) (2007), we construed insubordination to mean “willful disobedience of, or refusal to obey, a reasonable and valid rule, regulation or order issued by the school board or an administrative superior.” Similarly, a wilful neglect of duty is demonstrated by “a flagrant act or omission, intentional violation of a known rule or policy, or a continuous course of reprehensible conduct.” Terry v. Houston County Bd. of Ed., 178 Ga. App. 296, 299 ( 342 SE2d 774 ) (1986).

1988However, it is a well known principle of law that “[circumstantial evidence from which the existence of a fact might be inferred, but which did not demand a finding ... to that effect, will not support a verdict [judgment or ruling of the court], when by positive and uncontradicted testimony of unimpeached witnesses, which was perfectly consistent with the circumstantial evidence relied on by the [party], it was affirmatively shown that no such fact existed.” Myers v. Phillips, 197 Ga. 536, 542 ( 29 SE2d 700 ); Dozier v. Wallace, 169 Ga. App. 126 (4) (b) ( 311 SE2d 839 ).

1988However, it is a well known principle of law that “[circumstantial evidence from which the existence of a fact might be inferred, but which did not demand a finding ... to that effect, will not support a verdict [judgment or ruling of the court], when by positive and uncontradicted testimony of unimpeached witnesses, which was perfectly consistent with the circumstantial evidence relied on by the [party], it was affirmatively shown that no such fact existed.” Myers v. Phillips, 197 Ga. 536, 542 ( 29 SE2d 700 ); Dozier v. Wallace, 169 Ga. App. 126 (4) (b) ( 311 SE2d 839 ).

1986School v. Boatwright, 144 Ga. App. 66, 68 ( 240 SE2d 563 ) (1977).

1986School v. Boatwright, 144 Ga. App. 66, 68 ( 240 SE2d 563 ) (1977).

1976Freeman v. Martin, 116 Ga. App. 237, 242 ( 156 SE2d 511 ).

1976Freeman v. Martin, 116 Ga. App. 237, 242 ( 156 SE2d 511 ).

1975Campbell v. Powell, 206 Ga. 768, 770 (3) ( 58 SE2d 829 ); Childers v. Ackerman Const. Co., 211 Ga. 350, 356 ( 86 SE2d 227 ); Midland Properties v. Kennedy, 100 Ga. App. 37, 38 ( 110 SE2d 120 ); Harwell v. People's Loan &c.

1975Campbell v. Powell, 206 Ga. 768, 770 (3) ( 58 SE2d 829 ); Childers v. Ackerman Const. Co., 211 Ga. 350, 356 ( 86 SE2d 227 ); Midland Properties v. Kennedy, 100 Ga. App. 37, 38 ( 110 SE2d 120 ); Harwell v. People's Loan &c.

1975Campbell v. Powell, 206 Ga. 768, 770 (3) ( 58 SE2d 829 ); Childers v. Ackerman Const. Co., 211 Ga. 350, 356 ( 86 SE2d 227 ); Midland Properties v. Kennedy, 100 Ga. App. 37, 38 ( 110 SE2d 120 ); Harwell v. People's Loan &c.

1975Campbell v. Powell, 206 Ga. 768, 770 (3) ( 58 SE2d 829 ); Childers v. Ackerman Const. Co., 211 Ga. 350, 356 ( 86 SE2d 227 ); Midland Properties v. Kennedy, 100 Ga. App. 37, 38 ( 110 SE2d 120 ); Harwell v. People's Loan &c.

1975Campbell v. Powell, 206 Ga. 768, 770 (3) ( 58 SE2d 829 ); Childers v. Ackerman Const. Co., 211 Ga. 350, 356 ( 86 SE2d 227 ); Midland Properties v. Kennedy, 100 Ga. App. 37, 38 ( 110 SE2d 120 ); Harwell v. People's Loan &c.

1975Campbell v. Powell, 206 Ga. 768, 770 (3) ( 58 SE2d 829 ); Childers v. Ackerman Const. Co., 211 Ga. 350, 356 ( 86 SE2d 227 ); Midland Properties v. Kennedy, 100 Ga. App. 37, 38 ( 110 SE2d 120 ); Harwell v. People's Loan &c.

1968In the case at bar the facts as to vagueness, indefiniteness and uncertainty are even more glaring than in the Green case, 222 Ga. 195 , supra. These deficiencies were not cured by performance of the plaintiff, because the agreement relied upon was so vague, indefinite and uncertain “as to make it impossible for courts to determine what, if anything, was agreed upon, therefore rendering it impossible to determine whether there had been performance.” See Weill v. Brown, 197 Ga. 328, 333-334 ( 29 SE2d 54 ) (one Justice absent).

1968In the case at bar the facts as to vagueness, indefiniteness and uncertainty are even more glaring than in the Green case, 222 Ga. 195 , supra. These deficiencies were not cured by performance of the plaintiff, because the agreement relied upon was so vague, indefinite and uncertain “as to make it impossible for courts to determine what, if anything, was agreed upon, therefore rendering it impossible to determine whether there had been performance.” See Weill v. Brown, 197 Ga. 328, 333-334 ( 29 SE2d 54 ) (one Justice absent).

1968“Ejusdem generis is a rule of construction to ascertain and give effect to legislative intent.” Jenkins v. Jones, 209 Ga. 758, 761 ( 75 SE2d 815 ); Gilmore v. Gilmore, 201 Ga. 770, 777 ( 41 SE2d 229 ).

1968“Ejusdem generis is a rule of construction to ascertain and give effect to legislative intent.” Jenkins v. Jones, 209 Ga. 758, 761 ( 75 SE2d 815 ); Gilmore v. Gilmore, 201 Ga. 770, 777 ( 41 SE2d 229 ).

1968“Ejusdem generis is a rule of construction to ascertain and give effect to legislative intent.” Jenkins v. Jones, 209 Ga. 758, 761 ( 75 SE2d 815 ); Gilmore v. Gilmore, 201 Ga. 770, 777 ( 41 SE2d 229 ).

1968“Ejusdem generis is a rule of construction to ascertain and give effect to legislative intent.” Jenkins v. Jones, 209 Ga. 758, 761 ( 75 SE2d 815 ); Gilmore v. Gilmore, 201 Ga. 770, 777 ( 41 SE2d 229 ).

1968What was said in the Green case, 222 Ga. 195 , supra, was the application of the well known principle: “The first requirement of the law relative to contracts is that there must be a meeting of the minds of the parties, and mutuality [citations], and in order for the contract to be valid the agreement must ordinarily *662 be expressed plainly and explicitly enough to show what the parties agreed upon. [Citations.] A contract cannot be enforced in any form of action if its terms are incompete or incomprehensible. . .” West v. Downer, 218 Ga. 235, 241 ( 127 SE2d 359 ).

1968What was said in the Green case, 222 Ga. 195 , supra, was the application of the well known principle: “The first requirement of the law relative to contracts is that there must be a meeting of the minds of the parties, and mutuality [citations], and in order for the contract to be valid the agreement must ordinarily *662 be expressed plainly and explicitly enough to show what the parties agreed upon. [Citations.] A contract cannot be enforced in any form of action if its terms are incompete or incomprehensible. . .” West v. Downer, 218 Ga. 235, 241 ( 127 SE2d 359 ).