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16 Georgia opinions name it 2 courts 1904–2022 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 |
|---|---|---|
RODRIGUEZ v. the STATE.green2 sentences2019See Rodriguez v. State , 343 Ga. App. 526 , 530, 806 S.E.2d 916 (2017) ("[U]nder the uniform rule of strict construction, a penal statute can not be expanded by implication to include conduct or *474 persons not explicitly identified in the statute.") (citation and punctuation omitted). 2019See Rodriguez v. State , 343 Ga. App. 526 , 530, 806 S.E.2d 916 (2017) ("[U]nder the uniform rule of strict construction, a penal statute can not be expanded by implication to include conduct or *474 persons not explicitly identified in the statute.") (citation and punctuation omitted). | 2 | 2 |
Smith v. Smithgreen2 sentences1998This statutory measure of damages “is a uniform rule, easy of comprehension and proof.” Smith v. Smith, 243 Ga. 56, 57 ( 252 SE2d 484 ) (1979). 1998This statutory measure of damages “is a uniform rule, easy of comprehension and proof.” Smith v. Smith, 243 Ga. 56, 57 ( 252 SE2d 484 ) (1979). | 2 | 2 |
Taylor v. Allengreen2 sentences1998See also Taylor v. Allen, 131 Ga. 416 (4) ( 62 SE 291 ) (1908); Pindar, §§ 19-169, 19-172. 1998See also Taylor v. Allen, 131 Ga. 416 (4) ( 62 SE 291 ) (1908); Pindar, §§ 19-169, 19-172. | 1 | 1 |
Houston v. Stategreen2 sentences1990See Houston v. State, 187 Ga. App. 335 ( 370 SE2d 178 ) (1988). 1990See Houston v. State, 187 Ga. App. 335 ( 370 SE2d 178 ) (1988). | 1 | 1 |
Burke v. Stategreen2 sentences1982Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ).” (Emphasis supplied.) Burke v. State, 76 Ga. App. 612, 626 ( 47 SE2d 116 ) (1948) — which the appellants cite for the proposition in Payne v. State, 29 Ga. App. 156 (2b) ( 114 SE 226 ) (1922), that a city policeman is an officer of this state (overruled in Payne v. State, 153 Ga. 882 , supra) — states: “Each member of the police force holds an office because the powers conferred can be exercised only by a public officer.” (Emphasis supplied.) The appellants argue that the State Code defines “law enforcement officer” so as to make city policemen 1982Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ).” (Emphasis supplied.) Burke v. State, 76 Ga. App. 612, 626 ( 47 SE2d 116 ) (1948) — which the appellants cite for the proposition in Payne v. State, 29 Ga. App. 156 (2b) ( 114 SE 226 ) (1922), that a city policeman is an officer of this state (overruled in Payne v. State, 153 Ga. 882 , supra) — states: “Each member of the police force holds an office because the powers conferred can be exercised only by a public officer.” (Emphasis supplied.) The appellants argue that the State Code defines “law enforcement officer” so as to make city policemen | 1 | 1 |
Lloyd Adams Inc. v. Liberty Mutual Insurancegreen2 sentences1952Co., 190 Ga. 633, 641 ( 10 S. E. 2d, 46 ), declared, "that the portion of the first sentence of Code § 114-403 [as amended by *587 the Act of 1937], declaring that an injured employee may maintain a suit against a tortfeasor after having accepted payment from him for the damages sustained is unconstitutional and void; and that the second sentence of the section is entirely null and void." "It is a uniform rule that, where there is a valid act and an attempted but unconstitutional amendment to it, the original act is not affected, but remains in full force and effect, even though there are expr 1952Co., 190 Ga. 633, 641 ( 10 S. E. 2d, 46 ), declared, "that the portion of the first sentence of Code § 114-403 [as amended by *587 the Act of 1937], declaring that an injured employee may maintain a suit against a tortfeasor after having accepted payment from him for the damages sustained is unconstitutional and void; and that the second sentence of the section is entirely null and void." "It is a uniform rule that, where there is a valid act and an attempted but unconstitutional amendment to it, the original act is not affected, but remains in full force and effect, even though there are expr | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In the INTEREST OF A. F. Et Al., Children.
green
2 sentences2022In the Interest of A. F., 343 Ga. App. at 416 . 2017In the Interest of A.F., 343 Ga.App. at 416 , 806 S.E.2d 838 . | 2 | 2017–2022 |
Peebles v. Peebles
green
2 sentences1982Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ).” (Emphasis supplied.) Burke v. State, 76 Ga. App. 612, 626 ( 47 SE2d 116 ) (1948) — which the appellants cite for the proposition in Payne v. State, 29 Ga. App. 156 (2b) ( 114 SE 226 ) (1922), that a city policeman is an officer of this state (overruled in Payne v. State, 153 Ga. 882 , supra) — states: “Each member of the police force holds an office because the powers conferred can be exercised only by a public officer.” (Emphasis supplied.) The appellants argue that the State Code defines “law enforcement officer” so as to make city policemen 1963Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ). | 2 | 1963–1982 |
Truesdel v. Freeney
green
2 sentences1982Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ).” (Emphasis supplied.) Burke v. State, 76 Ga. App. 612, 626 ( 47 SE2d 116 ) (1948) — which the appellants cite for the proposition in Payne v. State, 29 Ga. App. 156 (2b) ( 114 SE 226 ) (1922), that a city policeman is an officer of this state (overruled in Payne v. State, 153 Ga. 882 , supra) — states: “Each member of the police force holds an office because the powers conferred can be exercised only by a public officer.” (Emphasis supplied.) The appellants argue that the State Code defines “law enforcement officer” so as to make city policemen 1963Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ). | 2 | 1963–1982 |
Smith v. MITCHELL CONST. CO., INC.
green
2 sentences2000Smith, supra, 225 Ga.App. at 386 , 481 S.E.2d 558 . 2000Smith, supra, 225 Ga.App. at 386 , 481 S.E.2d 558 . | 1 | 2000–2000 |
Grogan v. State
green
2 sentences1991In Grogan v. State, 192 Ga. App. 234 ( 384 SE2d 441 ) (1989), the Court of Appeals found substantial compliance with the uniform rule if the hearing is held before the evidence of similar transactions is introduced. 1991In Grogan v. State, 192 Ga. App. 234 ( 384 SE2d 441 ) (1989), the Court of Appeals found substantial compliance with the uniform rule if the hearing is held before the evidence of similar transactions is introduced. | 1 | 1991–1991 |
Sweatman v. State
green
2 sentences1990Sweatman v. State, 181 Ga. App. 474 (1) ( 352 SE2d 796 ) (1987). 1990Sweatman v. State, 181 Ga. App. 474 (1) ( 352 SE2d 796 ) (1987). | 1 | 1990–1990 |
State Mutual Insurance v. McJenkin Insurance & Realty Co.
green
2 sentences1990Co., 86 Ga. App. 442 ( 71 SE2d 670 ) (1952)) was expressly disapproved in Teems, supra. The statutory measure of damages “is a uniform rule, easy of comprehension and proof. . . .” Smith v. Smith, 243 Ga. 56, 57 ( 252 SE2d 484 ) (1979). 1990Co., 86 Ga. App. 442 ( 71 SE2d 670 ) (1952)) was expressly disapproved in Teems, supra. The statutory measure of damages “is a uniform rule, easy of comprehension and proof. . . .” Smith v. Smith, 243 Ga. 56, 57 ( 252 SE2d 484 ) (1979). | 1 | 1990–1990 |
Teems v. City of Forest Park
green
1 sentence1990Co., 86 Ga. App. 442 ( 71 SE2d 670 ) (1952)) was expressly disapproved in Teems, supra. The statutory measure of damages “is a uniform rule, easy of comprehension and proof. . . .” Smith v. Smith, 243 Ga. 56, 57 ( 252 SE2d 484 ) (1979). | 1 | 1990–1990 |
Payne v. State
green
1 sentence1982Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ).” (Emphasis supplied.) Burke v. State, 76 Ga. App. 612, 626 ( 47 SE2d 116 ) (1948) — which the appellants cite for the proposition in Payne v. State, 29 Ga. App. 156 (2b) ( 114 SE 226 ) (1922), that a city policeman is an officer of this state (overruled in Payne v. State, 153 Ga. 882 , supra) — states: “Each member of the police force holds an office because the powers conferred can be exercised only by a public officer.” (Emphasis supplied.) The appellants argue that the State Code defines “law enforcement officer” so as to make city policemen | 1 | 1982–1982 |
Kimzey v. Tribble
green
1 sentence1982Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ).” (Emphasis supplied.) Burke v. State, 76 Ga. App. 612, 626 ( 47 SE2d 116 ) (1948) — which the appellants cite for the proposition in Payne v. State, 29 Ga. App. 156 (2b) ( 114 SE 226 ) (1922), that a city policeman is an officer of this state (overruled in Payne v. State, 153 Ga. 882 , supra) — states: “Each member of the police force holds an office because the powers conferred can be exercised only by a public officer.” (Emphasis supplied.) The appellants argue that the State Code defines “law enforcement officer” so as to make city policemen | 1 | 1982–1982 |
Payne v. State
green
1 sentence1982Truesdel v. Freeney, 186 Ga. 288 ( 197 SE 783 ).” (Emphasis supplied.) Burke v. State, 76 Ga. App. 612, 626 ( 47 SE2d 116 ) (1948) — which the appellants cite for the proposition in Payne v. State, 29 Ga. App. 156 (2b) ( 114 SE 226 ) (1922), that a city policeman is an officer of this state (overruled in Payne v. State, 153 Ga. 882 , supra) — states: “Each member of the police force holds an office because the powers conferred can be exercised only by a public officer.” (Emphasis supplied.) The appellants argue that the State Code defines “law enforcement officer” so as to make city policemen | 1 | 1982–1982 |
Wood v. State
green
2 sentences1982Furthermore, Payne was *401 overruled by Wood v. State, 219 Ga. 509 ( 134 SE2d 8 ) (1963), which held, at p. 513, that “ [u]nder the uniform rule of strict construction, a penal statute can not be expanded by implication to make it include any officer except an officer of the State and therefore it does not include municipal officers. 1982Furthermore, Payne was *401 overruled by Wood v. State, 219 Ga. 509 ( 134 SE2d 8 ) (1963), which held, at p. 513, that “ [u]nder the uniform rule of strict construction, a penal statute can not be expanded by implication to make it include any officer except an officer of the State and therefore it does not include municipal officers. | 1 | 1982–1982 |
Barker v. State
green
2 sentences1952R. 1483, citing Barker v. State, 118 Ga. 35 ( 44 S. E. 874 ); Georgia Empire Mutual Ins. 1952R. 1483, citing Barker v. State, 118 Ga. 35 ( 44 S. E. 874 ); Georgia Empire Mutual Ins. | 1 | 1952–1952 |
Cunningham v. Schley
green
1 sentence1951In Cunningham v. Schley, 41 Ga. 426, 437 , it is said that “When, by consent, the judge acts as both judge and jury, it has been the uniform rule, to give to his finding on the facts all the presumptions usually given to the finding of a jury. | 1 | 1951–1951 |
Stewart v. Herten
green
2 sentences1950As was said in Stewart v. Herten, 125 Neb. 210 ( 249 N. W. 552 ): “It may now be fairly said to be a uniform rule of construction in these states that proceedings for a declaratory judgment will not be entertained where another equally serviceable remedy has been provided for the character of case in hand,” citing cases from several States. 1950As was said in Stewart v. Herten, 125 Neb. 210 ( 249 N. W. 552 ): “It may now be fairly said to be a uniform rule of construction in these states that proceedings for a declaratory judgment will not be entertained where another equally serviceable remedy has been provided for the character of case in hand,” citing cases from several States. | 1 | 1950–1950 |
Joseph v. Mayor of Milledgeville
green
2 sentences1930So in Joseph v. Milledgeville, 97 Ga. 513 (25 S. E. 323 ), this court decided that a municipal ordinance imposing a brisiness tax of one per cent, upon “all gross sales of goods, wares, and merchandise of every kind” was not obnoxious to the uniform clause of the provision of the constitution 1877 which we now have under consideration. 1930So in Joseph v. Milledgeville, 97 Ga. 513 (25 S. E. 323 ), this court decided that a municipal ordinance imposing a brisiness tax of one per cent, upon “all gross sales of goods, wares, and merchandise of every kind” was not obnoxious to the uniform clause of the provision of the constitution 1877 which we now have under consideration. | 1 | 1930–1930 |
Poullain v. Brown
green
1 sentence1904A general assignment of this kind was treated as being . sufficiently definite in Poullain v. Brown, 80 Ga. 27 , involving exceptions to an auditor’s report in a case at law. | 1 | 1904–1904 |
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.