understanding error in Georgia

16 Georgia opinions name it 2 courts 1934–2024 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 (13)

Case	Followed	Cited
Gormley v. Stategreen gactapp · 1936 · cited in 2 Georgia opinions naming this issue, 2017–2017 2 sentences 2017This traditional understanding of the doctrine is reflected as well in Gormley v. State of Ga., 54 Ga.App. 843, 847-848 ( 189 SE 288 ) (1936), which involved a suit against the state superintendent of banks upon his bond for monetary damages: As a general rule the failure of a public officer to comply with the laws governing and regulating his powers and duties usually subjects such officer to a civil action for damages. 2017This traditional understanding of the doctrine is reflected as well in Gormley v. State of Ga., 54 Ga.App. 843, 847-848 ( 189 SE 288 ) (1936), which involved a suit against the state superintendent of banks upon his bond for monetary damages: As a general rule the failure of a public officer to comply with the laws governing and regulating his powers and duties usually subjects such officer to a civil action for damages.	2	2
Maxwell v. Stategreen gactapp · 1958 · cited in 2 Georgia opinions naming this issue, 1958–1960 2 sentences 1958In Maxwell v. State, 97 Ga. App. 334 (1) ( 103 S. E. 2d 162 ), is the pronouncement, “Since the first special ground of the amended motion for new trial fails to set out therein any of the evidence, and fails to point out such parts thereof by reference to the page number of the brief of the evidence, one or the other of which is necessary to an understanding of the error in accordance with the amendment to Code (Ann.) § 6-901 (Ga. L. 1957) pp. 224, 232) this ground presents no question for consideration by this court.” In this connection it must be remembered that a charge on no issue not mad 1958In Maxwell v. State, 97 Ga. App. 334 (1) ( 103 S. E. 2d 162 ), is the pronouncement, “Since the first special ground of the amended motion for new trial fails to set out therein any of the evidence, and fails to point out such parts thereof by reference to the page number of the brief of the evidence, one or the other of which is necessary to an understanding of the error in accordance with the amendment to Code (Ann.) § 6-901 (Ga. L. 1957) pp. 224, 232) this ground presents no question for consideration by this court.” In this connection it must be remembered that a charge on no issue not mad	1	2
Harris v. Stategreen gactapp · 1957 · cited in 2 Georgia opinions naming this issue, 1958–1960 2 sentences 1960Harris v. State, 96 Ga. App. 395, 399 (2) ( 100 S. E. 2d 120 ); Maxwell v. State, 97 Ga. App. 334, 336 (1) ( 103 S. E. 2d 162 ); Brown v. Carmanni, 100 Ga. App. 116, 122 (5) ( 110 S. E. 2d 543 ); Childers v. State, 100 Ga. App. 255, 258 (1) ( 110 S. E. 2d 697 ). 2. 1958Brewer v. Henson, 96 Ga. App. 501 (4) ( 100 S. E. 2d 661 ); Harris v. State, 96 Ga. App. 395 (2) ( 100 S. E. 2d 120 ).	1	2
Scott v. Stategreen ga · 2012 · cited in 1 Georgia opinions naming this issue, 2024–2024 2 sentences 2024See, e.g., Scott v. State, 291 Ga. 156, 157-158 (2) (728 SE2d 238) (2012) (considering the “cumulative effect” of appellant’s niece disclosing to him that the victim molested her, his sister’s refusal to believe her daughter, and the victim’s taunt regarding his 20 Obviously, it would not be enough to merely suspect one’s intimate partner of infidelity or to observe the partner in innocuous, nonetheless suspicious, behavior with another. 2024See, e.g., Scott v. State, 291 Ga. 156, 157-158 (2) (728 SE2d 238) (2012) (considering the “cumulative effect” of appellant’s niece disclosing to him that the victim molested her, his sister’s refusal to believe her daughter, and the victim’s taunt regarding his 20 Obviously, it would not be enough to merely suspect one’s intimate partner of infidelity or to observe the partner in innocuous, nonetheless suspicious, behavior with another.	1	1
Crawford v. Crumpgreen gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 1998–1998 2 sentences 1998See, e.g., Crawford v. Crump, 223 Ga. App. 119, 122 (2) ( 476 SE2d 855 ) (1996); Macuch v. Pettey, 170 Ga. App. 467, 468 ( 317 SE2d 262 ) (1984). 1998See, e.g., Crawford v. Crump, 223 Ga. App. 119, 122 (2) ( 476 SE2d 855 ) (1996); Macuch v. Pettey, 170 Ga. App. 467, 468 ( 317 SE2d 262 ) (1984).	1	1
MacUch v. Petteygreen gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 1998–1998 2 sentences 1998See, e.g., Crawford v. Crump, 223 Ga. App. 119, 122 (2) ( 476 SE2d 855 ) (1996); Macuch v. Pettey, 170 Ga. App. 467, 468 ( 317 SE2d 262 ) (1984). 1998See, e.g., Crawford v. Crump, 223 Ga. App. 119, 122 (2) ( 476 SE2d 855 ) (1996); Macuch v. Pettey, 170 Ga. App. 467, 468 ( 317 SE2d 262 ) (1984).	1	1
Coffin v. United Statesgreen ca10 · 1895 · cited in 1 Georgia opinions naming this issue, 1996–1996 1 sentence 1996“The language requested . . . was used in Coffin v. United States, 156 U. S. 432, 458 (15 SC 394, 39 LE 481) in a legalistic discussion of the concept of the presumption of innocence, but was not intended to be required in a jury charge. [Cit.] It is not essential to the jury’s understanding of the principle and is arguably very obscure and overly narrow in meaning; moreover, it might be seen by a jury as limiting the defendant’s right to the presumption in some cases depending on the nature of the evidence.” Rigsby, supra. 6.	1	1
Rigsby v. Stategreen gactapp · 1987 · cited in 1 Georgia opinions naming this issue, 1996–1996 1 sentence 1996“The language requested . . . was used in Coffin v. United States, 156 U. S. 432, 458 (15 SC 394, 39 LE 481) in a legalistic discussion of the concept of the presumption of innocence, but was not intended to be required in a jury charge. [Cit.] It is not essential to the jury’s understanding of the principle and is arguably very obscure and overly narrow in meaning; moreover, it might be seen by a jury as limiting the defendant’s right to the presumption in some cases depending on the nature of the evidence.” Rigsby, supra. 6.	1	1
Dover v. Stategreen ga · 1982 · cited in 1 Georgia opinions naming this issue, 1993–1993 2 sentences 1993As the defendant failed to invoke a ruling on his motion, he has “waived the issue for the purposes of appeal. [Cit.]” Dover v. State, 250 Ga. 209, 212 (4) ( 296 SE2d 710 ) (1982), cert. denied, 459 U. S. 1221 (103 SC 1228, 75 LE2d 462) (1983). 1993As the defendant failed to invoke a ruling on his motion, he has “waived the issue for the purposes of appeal. [Cit.]” Dover v. State, 250 Ga. 209, 212 (4) ( 296 SE2d 710 ) (1982), cert. denied, 459 U. S. 1221 (103 SC 1228, 75 LE2d 462) (1983).	1	1
Boykin v. Alabamagreen scotus · 1969 · cited in 1 Georgia opinions naming this issue, 1987–1987 1 sentence 1987State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980); Boykin v. Alabama, 395 U. S. 238, 242-44 (89 SC 1709, 23 LE2d 274) (1969).	1	1
State v. Germanygreen ga · 1980 · cited in 1 Georgia opinions naming this issue, 1987–1987 2 sentences 1987State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980); Boykin v. Alabama, 395 U. S. 238, 242-44 (89 SC 1709, 23 LE2d 274) (1969). 1987State v. Germany, 245 Ga. 326, 327 ( 265 SE2d 13 ) (1980); Boykin v. Alabama, 395 U. S. 238, 242-44 (89 SC 1709, 23 LE2d 274) (1969).	1	1
Childers v. Stategreen gactapp · 1959 · cited in 1 Georgia opinions naming this issue, 1960–1960 2 sentences 1960Harris v. State, 96 Ga. App. 395, 399 (2) ( 100 S. E. 2d 120 ); Maxwell v. State, 97 Ga. App. 334, 336 (1) ( 103 S. E. 2d 162 ); Brown v. Carmanni, 100 Ga. App. 116, 122 (5) ( 110 S. E. 2d 543 ); Childers v. State, 100 Ga. App. 255, 258 (1) ( 110 S. E. 2d 697 ). 2. 1960Harris v. State, 96 Ga. App. 395, 399 (2) ( 100 S. E. 2d 120 ); Maxwell v. State, 97 Ga. App. 334, 336 (1) ( 103 S. E. 2d 162 ); Brown v. Carmanni, 100 Ga. App. 116, 122 (5) ( 110 S. E. 2d 543 ); Childers v. State, 100 Ga. App. 255, 258 (1) ( 110 S. E. 2d 697 ). 2.	1	1
Brown v. Carmannigreen gactapp · 1959 · cited in 1 Georgia opinions naming this issue, 1960–1960 2 sentences 1960Harris v. State, 96 Ga. App. 395, 399 (2) ( 100 S. E. 2d 120 ); Maxwell v. State, 97 Ga. App. 334, 336 (1) ( 103 S. E. 2d 162 ); Brown v. Carmanni, 100 Ga. App. 116, 122 (5) ( 110 S. E. 2d 543 ); Childers v. State, 100 Ga. App. 255, 258 (1) ( 110 S. E. 2d 697 ). 2. 1960Harris v. State, 96 Ga. App. 395, 399 (2) ( 100 S. E. 2d 120 ); Maxwell v. State, 97 Ga. App. 334, 336 (1) ( 103 S. E. 2d 162 ); Brown v. Carmanni, 100 Ga. App. 116, 122 (5) ( 110 S. E. 2d 543 ); Childers v. State, 100 Ga. App. 255, 258 (1) ( 110 S. E. 2d 697 ). 2.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Reserve Life Insurance v. Bearden green gactapp · 1957 2 sentences 1960Harris v. State, 96 Ga. App. 395, 399 (2) ( 100 S. E. 2d 120 ); Maxwell v. State, 97 Ga. App. 334, 336 (1) ( 103 S. E. 2d 162 ); Brown v. Carmanni, 100 Ga. App. 116, 122 (5) ( 110 S. E. 2d 543 ); Childers v. State, 100 Ga. App. 255, 258 (1) ( 110 S. E. 2d 697 ). 2. 1958Brewer v. Henson, 96 Ga. App. 501 (4) ( 100 S. E. 2d 661 ); Harris v. State, 96 Ga. App. 395 (2) ( 100 S. E. 2d 120 ).	2	1958–1960
Collins v. United States green scotus · 1983 1 sentence 1993As the defendant failed to invoke a ruling on his motion, he has “waived the issue for the purposes of appeal. [Cit.]” Dover v. State, 250 Ga. 209, 212 (4) ( 296 SE2d 710 ) (1982), cert. denied, 459 U. S. 1221 (103 SC 1228, 75 LE2d 462) (1983).	1	1993–1993
Moss v. State neutral gactapp · 1955 2 sentences 1964The rule in Cribb , however, may and perhaps in some instances must be applied, although it is usually discretionary with the trial court to make the decision of whether any facts, or what facts in a reported case are essential to an understanding of the rule of law which counsel wishes to argue, and in such event, as pointed out in Moss v. State, 91 Ga. App. 669 ( 86 SE2d 708 ) there exists the nice distinction between reading the case to the court in the presence of the jury, or reading it to the jury in the presence of the court. 1964The rule in Cribb , however, may and perhaps in some instances must be applied, although it is usually discretionary with the trial court to make the decision of whether any facts, or what facts in a reported case are essential to an understanding of the rule of law which counsel wishes to argue, and in such event, as pointed out in Moss v. State, 91 Ga. App. 669 ( 86 SE2d 708 ) there exists the nice distinction between reading the case to the court in the presence of the jury, or reading it to the jury in the presence of the court.	1	1964–1964
Heard v. Heard green gactapp · 1959 2 sentences 1962Heard v. Heard, 99 Ga. App. 864 (3) ( 110 SE2d 76 ); Valdosta Coca-Cola Bottling Works v. Montgomery, 102 Ga. App. 440 (2) ( 116 SE2d 675 ). 1962Heard v. Heard, 99 Ga. App. 864 (3) ( 110 SE2d 76 ); Valdosta Coca-Cola Bottling Works v. Montgomery, 102 Ga. App. 440 (2) ( 116 SE2d 675 ).	1	1962–1962
Valdosta Coca Cola Bottling Works, Inc. v. Montgomery neutral gactapp · 1960 2 sentences 1962Heard v. Heard, 99 Ga. App. 864 (3) ( 110 SE2d 76 ); Valdosta Coca-Cola Bottling Works v. Montgomery, 102 Ga. App. 440 (2) ( 116 SE2d 675 ). 1962Heard v. Heard, 99 Ga. App. 864 (3) ( 110 SE2d 76 ); Valdosta Coca-Cola Bottling Works v. Montgomery, 102 Ga. App. 440 (2) ( 116 SE2d 675 ).	1	1962–1962
Evans v. Anderson neutral ga · 1959 2 sentences 1959Evans v. Anderson, 214 Ga. 828 ( 108 S. E. 2d 268 ), and cases there cited. 1959Evans v. Anderson, 214 Ga. 828 ( 108 S. E. 2d 268 ), and cases there cited.	1	1959–1959
Brewer v. Henson green gactapp · 1957 2 sentences 1958Brewer v. Henson, 96 Ga. App. 501 (4) ( 100 S. E. 2d 661 ); Harris v. State, 96 Ga. App. 395 (2) ( 100 S. E. 2d 120 ). 1958Brewer v. Henson, 96 Ga. App. 501 (4) ( 100 S. E. 2d 661 ); Harris v. State, 96 Ga. App. 395 (2) ( 100 S. E. 2d 120 ).	1	1958–1958
Russell v. Shelton green gactapp · 1939 1 sentence 1943Co., 59 Ga. App. 496 ( 1 S. E. 2d, 223 ).	1	1943–1943
King v. Liberty National Life Insurance neutral gactapp · 1939 1 sentence 1943Co., 59 Ga. App. 496 ( 1 S. E. 2d, 223 ).	1	1943–1943
Burgamy v. Holton green ga · 1927 2 sentences 1940Even if there had been no bona fide dispute, under the Code, § 20-1204, the acutal payment and acceptance of a lesser sum than due would be binding if done with the understanding that the claim would thereby be satisfied.” Supporting this view the court further cited Burgamy v. Holton, 165 Ga. 384 ( 141 S. E. 42 ), which held that, from the Code section above set out, “It would seem that the agreement of the creditor to receive less than the amount of his demand, and the payment of money thereunder, is a sufficient consideration for such agreement, and stands upon the same footing as The givin 1940Even if there had been no bona fide dispute, under the Code, § 20-1204, the acutal payment and acceptance of a lesser sum than due would be binding if done with the understanding that the claim would thereby be satisfied.” Supporting this view the court further cited Burgamy v. Holton, 165 Ga. 384 ( 141 S. E. 42 ), which held that, from the Code section above set out, “It would seem that the agreement of the creditor to receive less than the amount of his demand, and the payment of money thereunder, is a sufficient consideration for such agreement, and stands upon the same footing as The givin	1	1940–1940
Perry v. Macon Consolidated Street Railroad green ga · 1897 2 sentences 1934Co., 101 Ga. 400 ( 29 S. E. 304 ), from which counsel for the defendant read the headnote, and counsel for the plaintiff, in his presentation of the law to the court, read the facts, contending that the facts were necessary to an understanding of the principle of law laid down in that ease. 1934Co., 101 Ga. 400 ( 29 S. E. 304 ), from which counsel for the defendant read the headnote, and counsel for the plaintiff, in his presentation of the law to the court, read the facts, contending that the facts were necessary to an understanding of the principle of law laid down in that ease.	1	1934–1934

Where else courts name it

NY 49 (1889–2026) IL 43 (1963–2026) PA 37 (1929–2023) CA 31 (1918–2026) LA 24 (1981–2023) GA 16 (1934–2024) OR 13 (1923–2021) TX 13 (1936–2024) NJ 10 (1952–2017) MO 9 (1898–2017) OH 9 (1934–2020) FL 8 (1989–2023) MI 8 (1872–2023) VA 8 (1925–2010) WA 8 (1973–2020) UT 7 (2012–2023) AL 7 (1887–2012) MD 6 (1993–2023) WY 5 (1974–2003) MA 5 (1985–2018) DC 5 (1974–2025) KY 5 (2006–2021) OK 5 (1909–1994) IA 4 (1924–2021) DE 4 (1934–2025) CT 4 (1993–2011) MT 4 (1977–2021) CO 3 (1991–2018) MN 3 (1891–1980) WI 3 (1978–2016) RI 3 (2010–2019) SD 2 (1913–1913) VT 2 (1986–2025) AZ 2 (2005–2006) IN 2 (2015–2019) HI 2 (1994–2005) NH 2 (1977–2013) KS 2 (1911–2020) NC 2 (1967–1976)

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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