demurrer error (Georgia) · Go Syfert
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demurrer error in Georgia

17 Georgia opinions name it 2 courts 1919–2014 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 (4)

CaseFollowedCited
Johnson v. Stategreen
ga · 1892 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Titelman v. Stedman, 277 Ga. 460, 461 ( 591 SE2d 774 ) (2003) (“ ‘In the absence of a judgment in writing no question for decision is presented to the appellate court.’ ” (citation omitted)). 4 We recognize that this Court has on two occasions treated the specificity required in an indictment for assault with intent to murder differently, where the assault at issue was allegedly committed with an item that “may be used for the destruction of human life in a great variety of ways.” Johnson v. State, 90 Ga. 441, 446 ( 16 SE 92 ) (1892) (alleged assault with intent to murder using poison).

2014See Titelman v. Stedman, 277 Ga. 460, 461 ( 591 SE2d 774 ) (2003) (“ ‘In the absence of a judgment in writing no question for decision is presented to the appellate court.’ ” (citation omitted)). 4 We recognize that this Court has on two occasions treated the specificity required in an indictment for assault with intent to murder differently, where the assault at issue was allegedly committed with an item that “may be used for the destruction of human life in a great variety of ways.” Johnson v. State, 90 Ga. 441, 446 ( 16 SE 92 ) (1892) (alleged assault with intent to murder using poison).

11
Titelman v. Stedmangreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Titelman v. Stedman, 277 Ga. 460, 461 ( 591 SE2d 774 ) (2003) (“ ‘In the absence of a judgment in writing no question for decision is presented to the appellate court.’ ” (citation omitted)). 4 We recognize that this Court has on two occasions treated the specificity required in an indictment for assault with intent to murder differently, where the assault at issue was allegedly committed with an item that “may be used for the destruction of human life in a great variety of ways.” Johnson v. State, 90 Ga. 441, 446 ( 16 SE 92 ) (1892) (alleged assault with intent to murder using poison).

2014See Titelman v. Stedman, 277 Ga. 460, 461 ( 591 SE2d 774 ) (2003) (“ ‘In the absence of a judgment in writing no question for decision is presented to the appellate court.’ ” (citation omitted)). 4 We recognize that this Court has on two occasions treated the specificity required in an indictment for assault with intent to murder differently, where the assault at issue was allegedly committed with an item that “may be used for the destruction of human life in a great variety of ways.” Johnson v. State, 90 Ga. 441, 446 ( 16 SE 92 ) (1892) (alleged assault with intent to murder using poison).

11
Hicks v. Beachamgreen
· 1908 · cited in 1 Georgia opinions naming this issue, 1927–1927
2 sentences

1927Hicks v. Beacham, 131 Ga. 89, at p. 93 ( 62 S. E. 45 ).

1927Hicks v. Beacham, 131 Ga. 89, at p. 93 ( 62 S. E. 45 ).

11
Watkins v. Nugengreen
ga · 1903 · cited in 1 Georgia opinions naming this issue, 1919–1919
2 sentences

1919See also the case of Watkins v. Nugen, 118 Ga. 372 ( 45 S. E. 262 ).

1919See also the case of Watkins v. Nugen, 118 Ga. 372 ( 45 S. E. 262 ).

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 (25)

CaseCitedYears
Davis v. South Carolina & Georgia Railroad green
ga · 1899
2 sentences

1940Nor is the ruling in Davis v. South Carolina & Georgia Railroad Co., 107 Ga. 420 ( 33 S. E. 437 ), controlling in this case, since in the Davis case, a consent order was taken at the appearance term, setting the demurrer for a hearing at the trial term.

1940Nor is the ruling in Davis v. South Carolina & Georgia Railroad Co., 107 Ga. 420 ( 33 S. E. 437 ), controlling in this case, since in the Davis case, a consent order was taken at the appearance term, setting the demurrer for a hearing at the trial term.

21940–1940
Gordon v. Hudson green
ga · 1904
2 sentences

1940And in Gordon v. Hudson, 120 Ga. 698 ( 48 S. E. 131 ), a “numerously-signed” ; petition was presented to the judge before the appearance term, requesting him not to hold court at that term, and giving the reasons for such request; whereupon the court passed an order allowing the defendants sixty days from the date of his order, in which to file answers, defenses, demurrers, and other pleas required by law to be filed at that term..

1940And in Gordon v. Hudson, 120 Ga. 698 ( 48 S. E. 131 ), a “numerously-signed” ; petition was presented to the judge before the appearance term, requesting him not to hold court at that term, and giving the reasons for such request; whereupon the court passed an order allowing the defendants sixty days from the date of his order, in which to file answers, defenses, demurrers, and other pleas required by law to be filed at that term..

21940–1940
West v. Miller green
gactapp · 1924
1 sentence

1966Chambers v. Harlan Fuel Co., 32 Ga. App. 199 ( 122 SE 802 ); Grant v. Grant, 202 Ga. 40 ( 41 SE2d 534 ).

11966–1966
Chambers v. Harlan Fuel Co. green
gactapp · 1924
1 sentence

1966Chambers v. Harlan Fuel Co., 32 Ga. App. 199 ( 122 SE 802 ); Grant v. Grant, 202 Ga. 40 ( 41 SE2d 534 ).

11966–1966
Grant v. Grant green
ga · 1947
2 sentences

1966Chambers v. Harlan Fuel Co., 32 Ga. App. 199 ( 122 SE 802 ); Grant v. Grant, 202 Ga. 40 ( 41 SE2d 534 ).

1966Chambers v. Harlan Fuel Co., 32 Ga. App. 199 ( 122 SE 802 ); Grant v. Grant, 202 Ga. 40 ( 41 SE2d 534 ).

11966–1966
Morgan v. Crowley green
gactapp · 1954
1 sentence

1966Morgan v. Crowley, 91 Ga. App. 68 (5) ( 85 SE2d 40 ).

11966–1966
Stanfield v. Johnson green
gactapp · 1957
1 sentence

1962Again, we think that the case of Stanfield v. Johnson, 95 Ga. App. 349 , supra, settles the matter and the overruling of the demurrer was not error.

11962–1962
Crowley v. Calhoun green
ga · 1925
2 sentences

1959Sims v. Ethridge, 169 Ga. 400 (2) ( 150 S. E. 647 ); Crowley v. Calhoun, 161 Ga. 354 (3) ( 130 S. E. 563 ) and cases cited.

1959Sims v. Ethridge, 169 Ga. 400 (2) ( 150 S. E. 647 ); Crowley v. Calhoun, 161 Ga. 354 (3) ( 130 S. E. 563 ) and cases cited.

11959–1959
Sims v. Etheridge green
ga · 1929
2 sentences

1959Sims v. Ethridge, 169 Ga. 400 (2) ( 150 S. E. 647 ); Crowley v. Calhoun, 161 Ga. 354 (3) ( 130 S. E. 563 ) and cases cited.

1959Sims v. Ethridge, 169 Ga. 400 (2) ( 150 S. E. 647 ); Crowley v. Calhoun, 161 Ga. 354 (3) ( 130 S. E. 563 ) and cases cited.

11959–1959
Jett v. Jones green
gactapp · 1953
2 sentences

1958Jett v. Jones, 87 Ga. App. 531 ( 74 S. E. 2d 483 ).

1958Jett v. Jones, 87 Ga. App. 531 ( 74 S. E. 2d 483 ).

11958–1958
Langley v. City Council green
ga · 1903
2 sentences

1956Langley v. City Council of Augusta, 118 Ga. 590 (11) ( 45 S. E. 486 , 98 Am.

1956Langley v. City Council of Augusta, 118 Ga. 590 (11) ( 45 S. E. 486 , 98 Am.

11956–1956
Maecker v. Maecker green
ga · 1925
1 sentence

1953In Story v. First National Bank of Thomson, 34 Ga. App. 27 ( 128 S. E. 12 ), it is held: “Where a general demurrer to a plea is overruled and no exception to this ruling is taken, the ruling becomes the law of the case and 'stands as a solemn adjudication that the plea was good.’ Bennett v. Simmons, 30 Ga. App. 531 ( 118 S. E. 494 ), and citations.

11953–1953
Home Insurance v. Clinkscales neutral
gactapp · 1925
1 sentence

1953In Story v. First National Bank of Thomson, 34 Ga. App. 27 ( 128 S. E. 12 ), it is held: “Where a general demurrer to a plea is overruled and no exception to this ruling is taken, the ruling becomes the law of the case and 'stands as a solemn adjudication that the plea was good.’ Bennett v. Simmons, 30 Ga. App. 531 ( 118 S. E. 494 ), and citations.

11953–1953
Heath v. Miller green
ga · 1944
2 sentences

1947Heath v. Miller, 197 Ga. 443 (3) ( 29 S. E. 2d, 416 ).

1947Heath v. Miller, 197 Ga. 443 (3) ( 29 S. E. 2d, 416 ).

11947–1947
Butler v. State green
gactapp · 1916
2 sentences

1942It was likewise held in Butler v. State, 18 Ga. App. 201 ( 89 S. E. 178 ): “When the crime charged is only a misdemeanor, any number of offenses of the same nature may be included in the same accusation [indictment].

1942It was likewise held in Butler v. State, 18 Ga. App. 201 ( 89 S.E. 178 ): "When the crime charged is only a misdemeanor, any number of offenses of the same nature may be included in the same accusation [indictment].

11942–1942
McDonald v. Baton green
gactapp · 1916
2 sentences

1942It was likewise held in Butler v. State, 18 Ga. App. 201 ( 89 S. E. 178 ): “When the crime charged is only a misdemeanor, any number of offenses of the same nature may be included in the same accusation [indictment].

1942It was likewise held in Butler v. State, 18 Ga. App. 201 ( 89 S.E. 178 ): "When the crime charged is only a misdemeanor, any number of offenses of the same nature may be included in the same accusation [indictment].

11942–1942
Sibley v. American Exchange National Bank green
ga · 1895
2 sentences

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

11939–1939
Ridley v. Hightower green
ga · 1900
2 sentences

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

11939–1939
Branan v. Southern Railway Co. neutral
ga · 1910
1 sentence

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

11939–1939
Kinard & Son v. Mangham neutral
ga · 1910
1 sentence

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

11939–1939
Taff v. Larey green
gactapp · 1923
2 sentences

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

11939–1939
Real Estate Loan Co. v. Pugh green
gactapp · 1933
1 sentence

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

11939–1939
Smith v. Vickers neutral
gactapp · 1933
1 sentence

1939Before the passage of the negotiable-instruments law (Ga. L. 1924, p. 126 et seq.), “A person who merely writes his name on the back of such a paper [a note or bill of exchange] to guarantee its payment, but whose indorsement is neither essential to nor proper in the due transmission of title in the course of negotiation, is a surety only, and is not entitled to notice as an indorser.” Sibley v. American Exchange National Bank, 97 Ga. 126 (4) ( 25 S. E. 470 ); Ridley v. Hightower, 112 Ga. 476 ( 37 S. E. 733 ); Preston v. Dozier, 135 Ga. 25 ( 68 S. E. 793 ); Taff v. Larey, 29 Ga. App. 631 ( 116

11939–1939
Bass v. West green
ga · 1900
2 sentences

1928R. 290 ), and of Bass v. West, 110 Ga. 698 ( 36 S. E. 244 ), the allegations of the petition were sufficient to stand the test of the general demurrer, and the judgment sustaining the demurrer was error.

1928R. 290 ), and of Bass v. West, 110 Ga. 698 ( 36 S. E. 244 ), the allegations of the petition were sufficient to stand the test of the general demurrer, and the judgment sustaining the demurrer was error.

11928–1928
Jones v. Owens neutral
ga · 1919
1 sentence

1919But we are of the opinion that the defense set up by way of amendment, based upon the ground that the notes were unenforceable because they were based upon an illegal and immoral consideration, was meritorious, and the trial court erred in sustaining the demurrer thereto, and the Court of Appeals, instead of affirming the judgment of the court below, should have reversed it.” Eor full opinion of the Supreme Court see 149 Ga. ( 99 S. E. 121 ).

11919–1919

Where else courts name it

CA 365 (1890–2026) PA 93 (1898–2025) VA 55 (1919–2026) NC 24 (1927–1969) NY 22 (1882–1953) GA 17 (1919–2014) CT 17 (1901–2001) MA 13 (1939–1976) IN 12 (1877–1960) OK 12 (1908–2017) OR 10 (1895–2024) AL 9 (1859–1983) MO 8 (1874–1946) MD 8 (1922–1993) WI 7 (1885–1974) KS 7 (1891–1963) SC 7 (1925–1984) TX 5 (1911–1945) VT 5 (1891–1959) KY 5 (1919–1939) MS 5 (1870–2011) OH 3 (1908–1966) TN 2 (1896–1925) WY 2 (1913–1921) MI 2 (1906–1922) MT 2 (1951–1953) ID 2 (1885–1957) SD 2 (1905–1916)

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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