13 Georgia opinions name it 2 courts 1916–2021 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 |
|---|---|---|
SRM Realty Services Group, LLC v. Capital Flooring Enterprises, Inc.green2 sentences2013Group v. Capital Flooring Enterprises, 274 Ga. App. 595, 601 (1) ( 617 SE2d 581 ) (2005) (because the time period to serve an answer is not extended by OCGA § 9-10-73, where service is acknowledged pursuant to that statute, an answer must be served within 30 days after service is acknowledged). 2013Group v. Capital Flooring Enterprises, 274 Ga. App. 595, 601 (1) ( 617 SE2d 581 ) (2005) (because the time period to serve an answer is not extended by OCGA § 9-10-73, where service is acknowledged pursuant to that statute, an answer must be served within 30 days after service is acknowledged). | 2 | 2 |
Satnam Waheguru Corp. v. Buckhead Community Bankgreen2 sentences2013(Emphasis supplied.) Compare Satnam Waheguru Corp. v. Buckhead Community Bank, 304 Ga. App. 438, 440-441 ( 696 SE2d 430 ) (2010) (where counsel executed an acknowledgment and waiver pursuant to OCGA § 9-10-73, answer was due within 30 days after the acknowledgment and waiver); SRM Realty Svcs. 2013(Emphasis supplied.) Compare Satnam Waheguru Corp. v. Buckhead Community Bank, 304 Ga. App. 438, 440-441 ( 696 SE2d 430 ) (2010) (where counsel executed an acknowledgment and waiver pursuant to OCGA § 9-10-73, answer was due within 30 days after the acknowledgment and waiver); SRM Realty Svcs. | 2 | 2 |
Guerrero v. Tellezgreen2 sentences2021See Lewis, 209 Ga. App. at 233 (1); OCGA § 9-11-4 (d); see also OCGA § 9-10-73 (“The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him.”); compare Newell v. Brown, 187 Ga. App. 9, 10 ( 369 SE2d 499 ) (1988) (finding that counsel who executed proper acknowledgment of service, stating that “all other and further service and notices are hereby waived[,]” did not have authority to represent party). 10 The result is that the trial court did not acquire jurisdiction over Appellants.9 See Gurrero v. Tellez, 242 Ga. App. 354, 356-357 ( 2021See Lewis, 209 Ga. App. at 233 (1); OCGA § 9-11-4 (d); see also OCGA § 9-10-73 (“The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him.”); compare Newell v. Brown, 187 Ga. App. 9, 10 ( 369 SE2d 499 ) (1988) (finding that counsel who executed proper acknowledgment of service, stating that “all other and further service and notices are hereby waived[,]” did not have authority to represent party). 10 The result is that the trial court did not acquire jurisdiction over Appellants.9 See Gurrero v. Tellez, 242 Ga. App. 354, 356-357 ( | 1 | 1 |
Newell v. Browngreen2 sentences2021See Lewis, 209 Ga. App. at 233 (1); OCGA § 9-11-4 (d); see also OCGA § 9-10-73 (“The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him.”); compare Newell v. Brown, 187 Ga. App. 9, 10 ( 369 SE2d 499 ) (1988) (finding that counsel who executed proper acknowledgment of service, stating that “all other and further service and notices are hereby waived[,]” did not have authority to represent party). 10 The result is that the trial court did not acquire jurisdiction over Appellants.9 See Gurrero v. Tellez, 242 Ga. App. 354, 356-357 ( 2021See Lewis, 209 Ga. App. at 233 (1); OCGA § 9-11-4 (d); see also OCGA § 9-10-73 (“The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him.”); compare Newell v. Brown, 187 Ga. App. 9, 10 ( 369 SE2d 499 ) (1988) (finding that counsel who executed proper acknowledgment of service, stating that “all other and further service and notices are hereby waived[,]” did not have authority to represent party). 10 The result is that the trial court did not acquire jurisdiction over Appellants.9 See Gurrero v. Tellez, 242 Ga. App. 354, 356-357 ( | 1 | 1 |
Lewis v. Southern General Insurancegreen1 sentence2021See Lewis, 209 Ga. App. at 233 (1); OCGA § 9-11-4 (d); see also OCGA § 9-10-73 (“The defendant may acknowledge service or waive process by a writing signed by the defendant or someone authorized by him.”); compare Newell v. Brown, 187 Ga. App. 9, 10 ( 369 SE2d 499 ) (1988) (finding that counsel who executed proper acknowledgment of service, stating that “all other and further service and notices are hereby waived[,]” did not have authority to represent party). 10 The result is that the trial court did not acquire jurisdiction over Appellants.9 See Gurrero v. Tellez, 242 Ga. App. 354, 356-357 ( | 1 | 1 |
Barone v. McRae & Holloway, P. C.green2 sentences2013Group v. Capital Flooring Enterprises, 274 Ga. App. 595, 601 (1) ( 617 SE2d 581 ) (2005) (because the time period to serve an answer is not extended by OCGA § 9-10-73, where service is acknowledged pursuant to that statute, an answer must be served within 30 days after service is acknowledged). 5 See Barone v. McRae & Holloway, 179 Ga. App. 812, 813 (1) ( 348 SE2d 320 ) (1986). 6 See id. at 812-813 (1). 5 Investments] to show excusable neglect.”7 “‘Excusable neglect’ means, among other things, ‘a reasonable excuse.’ The maxim that ‘ignorance of the law offers no legal excuse’ needs no citation 2013Group v. Capital Flooring Enterprises, 274 Ga. App. 595, 601 (1) ( 617 SE2d 581 ) (2005) (because the time period to serve an answer is not extended by OCGA § 9-10-73, where service is acknowledged pursuant to that statute, an answer must be served within 30 days after service is acknowledged). 5 See Barone v. McRae & Holloway, 179 Ga. App. 812, 813 (1) ( 348 SE2d 320 ) (1986). 6 See id. at 812-813 (1). 5 Investments] to show excusable neglect.”7 “‘Excusable neglect’ means, among other things, ‘a reasonable excuse.’ The maxim that ‘ignorance of the law offers no legal excuse’ needs no citation | 1 | 1 |
Kirby v. Johnsongreen1 sentence1962See Parker v. Parker, 208 Ga. 190 ( 65 SE2d 794 ); Statham v. Saxon, 210 Ga. 369 ( 80 SE2d 182 ); Tanner v. State, 214 Ga. 859 ( 108 SE2d 703 ); Scott v. State, 214 Ga. 860 , supra; Universal C.I.T. | 1 | 1 |
Parker v. Parkergreen1 sentence1962See Parker v. Parker, 208 Ga. 190 ( 65 SE2d 794 ); Statham v. Saxon, 210 Ga. 369 ( 80 SE2d 182 ); Tanner v. State, 214 Ga. 859 ( 108 SE2d 703 ); Scott v. State, 214 Ga. 860 , supra; Universal C.I.T. | 1 | 1 |
Parks v. Columbia Loan Co.green2 sentences1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). 1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Boykin v. Alabama
green
2 sentences2000In Boykin [v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)], the court held that when the accused pleads guilty the record must disclose the defendant's voluntary waiver of his constitutional rights. 2000In Boykin [v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)], the court held that when the accused pleads guilty the record must disclose the defendant's voluntary waiver of his constitutional rights. | 1 | 2000–2000 |
Tanner v. State
green
1 sentence1962See Parker v. Parker, 208 Ga. 190 ( 65 SE2d 794 ); Statham v. Saxon, 210 Ga. 369 ( 80 SE2d 182 ); Tanner v. State, 214 Ga. 859 ( 108 SE2d 703 ); Scott v. State, 214 Ga. 860 , supra; Universal C.I.T. | 1 | 1962–1962 |
Flagg v. Hedrick
green
1 sentence1962See Parker v. Parker, 208 Ga. 190 ( 65 SE2d 794 ); Statham v. Saxon, 210 Ga. 369 ( 80 SE2d 182 ); Tanner v. State, 214 Ga. 859 ( 108 SE2d 703 ); Scott v. State, 214 Ga. 860 , supra; Universal C.I.T. | 1 | 1962–1962 |
Perry v. Smith
green
2 sentences1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). 1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). | 1 | 1962–1962 |
Scott v. State
neutral
1 sentence1962See Parker v. Parker, 208 Ga. 190 ( 65 SE2d 794 ); Statham v. Saxon, 210 Ga. 369 ( 80 SE2d 182 ); Tanner v. State, 214 Ga. 859 ( 108 SE2d 703 ); Scott v. State, 214 Ga. 860 , supra; Universal C.I.T. | 1 | 1962–1962 |
Statham v. Saxon
neutral
2 sentences1962See Parker v. Parker, 208 Ga. 190 ( 65 SE2d 794 ); Statham v. Saxon, 210 Ga. 369 ( 80 SE2d 182 ); Tanner v. State, 214 Ga. 859 ( 108 SE2d 703 ); Scott v. State, 214 Ga. 860 , supra; Universal C.I.T. 1962See Parker v. Parker, 208 Ga. 190 ( 65 SE2d 794 ); Statham v. Saxon, 210 Ga. 369 ( 80 SE2d 182 ); Tanner v. State, 214 Ga. 859 ( 108 SE2d 703 ); Scott v. State, 214 Ga. 860 , supra; Universal C.I.T. | 1 | 1962–1962 |
Bible v. Allday
neutral
2 sentences1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). 1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). | 1 | 1962–1962 |
Lightfoot v. Southeastern Liquid Fertilizer Company, Inc.
green
2 sentences1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). 1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). | 1 | 1962–1962 |
Stewart Oil Co., Inc. v. Schell
neutral
2 sentences1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). 1962See Carnes v. Pittman, supra, (1); Perry v. Smith, 91 Ga. App. 538 (1) ( 86 SE2d 345 ); Bible v. Allday, 93 Ga. App. 231 (4) ( 91 SE2d 306 ); Parks v. Columbia Loan Co., 100 Ga. App. 239, 241 (1) ( 110 SE2d 777 ); Lightfoot v. Southeastern Liquid Fertilizer Co., 102 Ga. App. 512 (1) ( 116 SE2d 651 ), citing Stewart Oil Co. v. Schell, 212 Ga. 459 ( 93 SE2d 700 ). | 1 | 1962–1962 |
West Lumber Company v. Harris
green
2 sentences1953Code i 6-911; West Lumber Co. v. Harris, 204 Ga. 343 ( 50 S. E. 2d 15 ). 1953Code i 6-911; West Lumber Co. v. Harris, 204 Ga. 343 ( 50 S. E. 2d 15 ). | 1 | 1953–1953 |
Central of Georgia Railway Co. v. Forehand
green
1 sentence1949Council also points out that where a minor sues by prochein ami, the prochein ami and not the minor is the proper person upon whom the bill of exceptions should be served (Vickers v. Hawkins, 128 Ga. 794 ( 58 S. E. 44 ), and that the proper acknowledgment and waiver upon tender of a bill of exceptions under Code (Ann. | 1 | 1949–1949 |
Vickers v. Hawkins
green
1 sentence1949Council also points out that where a minor sues by prochein ami, the prochein ami and not the minor is the proper person upon whom the bill of exceptions should be served (Vickers v. Hawkins, 128 Ga. 794 ( 58 S. E. 44 ), and that the proper acknowledgment and waiver upon tender of a bill of exceptions under Code (Ann. | 1 | 1949–1949 |
Holloway v. State
neutral
2 sentences1948This is the construction placed upon the act of 1911 by this court in Holloway v. State, 16 Ga. App. 143 ( 84 S. E. 590 ), and in Anthony v. Consolidated Film &c. 1948This is the construction placed upon the act of 1911 by this court in Holloway v. State, 16 Ga. App. 143 ( 84 S. E. 590 ), and in Anthony v. Consolidated Film &c. | 1 | 1948–1948 |
Jones v. Sutphin Co.
neutral
2 sentences1945Eailure to make it such a party and serve it with a copy of the bill of exceptions, or to procure an acknowledgment or waiver of such service, necessarily results in a dismissal of the writ of error,” Jones v. Sutphin Company, 56 Ga. App. 82 ( 192 S. E. 233 ). 1945Eailure to make it such a party and serve it with a copy of the bill of exceptions, or to procure an acknowledgment or waiver of such service, necessarily results in a dismissal of the writ of error,” Jones v. Sutphin Company, 56 Ga. App. 82 ( 192 S. E. 233 ). | 1 | 1945–1945 |
Poston v. Durham & Co.
neutral
2 sentences1934While it is true that all persons who are interested in sustaining or reversing the judgment of the court below are indispensable parties in the appellate courts, and they must be made parties to the bill of exceptions or the same will be dismissed (Emanuel Farm Co. v. Batts, 176 Ga. 552 , 168 S. E. 316 ; Poston v. Durham, 177 Ga. 870 , 171 S. E. 765 ; Civil Code (1910), § 6176), yet, where this is not done, and the plaintiff in error seeks to amend the bill of exceptions by adding thereto the names of the parties below who are proper defendants in error in this court, and procures from such p 1934While it is true that all persons who are interested in sustaining or reversing the judgment of the court below are indispensable parties in the appellate courts, and they must be made parties to the bill of exceptions or the same will be dismissed (Emanuel Farm Co. v. Batts, 176 Ga. 552 , 168 S. E. 316 ; Poston v. Durham, 177 Ga. 870 , 171 S. E. 765 ; Civil Code (1910), § 6176), yet, where this is not done, and the plaintiff in error seeks to amend the bill of exceptions by adding thereto the names of the parties below who are proper defendants in error in this court, and procures from such p | 1 | 1934–1934 |
Emanuel Farm Co. v. Batts
neutral
2 sentences1934While it is true that all persons who are interested in sustaining or reversing the judgment of the court below are indispensable parties in the appellate courts, and they must be made parties to the bill of exceptions or the same will be dismissed (Emanuel Farm Co. v. Batts, 176 Ga. 552 , 168 S. E. 316 ; Poston v. Durham, 177 Ga. 870 , 171 S. E. 765 ; Civil Code (1910), § 6176), yet, where this is not done, and the plaintiff in error seeks to amend the bill of exceptions by adding thereto the names of the parties below who are proper defendants in error in this court, and procures from such p 1934While it is true that all persons who are interested in sustaining or reversing the judgment of the court below are indispensable parties in the appellate courts, and they must be made parties to the bill of exceptions or the same will be dismissed (Emanuel Farm Co. v. Batts, 176 Ga. 552 , 168 S. E. 316 ; Poston v. Durham, 177 Ga. 870 , 171 S. E. 765 ; Civil Code (1910), § 6176), yet, where this is not done, and the plaintiff in error seeks to amend the bill of exceptions by adding thereto the names of the parties below who are proper defendants in error in this court, and procures from such p | 1 | 1934–1934 |
Camp v. Cahn
neutral
1 sentence1925Camp v. Cahn, 53 Ga. 558 ; DeLeon v. Heller, 77 Ga. 742 .” Cincinnati Ry. | 1 | 1925–1925 |
McAlister v. State
green
2 sentences1918The cases of McAlister v. State, 77 Ga. 599 ( 3 S. E. 163 ), and American Bonding & Surety Co. v. Adams, 124 Ga. 510 ( 52 S. E. 622 ), are not in conflict with this ruling. 1918The cases of McAlister v. State, 77 Ga. 599 ( 3 S. E. 163 ), and American Bonding & Surety Co. v. Adams, 124 Ga. 510 ( 52 S. E. 622 ), are not in conflict with this ruling. | 1 | 1918–1918 |
Asher v. Cape
green
2 sentences1918While it has been held that the following acknowledgment, endorsed on the petition and signed by counsel for the defendant in certiorari, ' was sufficient evidence that he “not only waived written notice of the time and place of hearing, but also received due and legal notice of the judge’s sanction,” to wit: “Due and legal service of the within petition for certiorari and certiorari acknowledged; notice of time and place of hearing waived” (Asher v. Cape, 95 Ga. 31 , 22 S. E. 41 ), in this case no written notice was given to the opposite party in interest, his agent, or attorney, of the sanct 1918While it has been held that the following acknowledgment, endorsed on the petition and signed by counsel for the defendant in certiorari, ' was sufficient evidence that he “not only waived written notice of the time and place of hearing, but also received due and legal notice of the judge’s sanction,” to wit: “Due and legal service of the within petition for certiorari and certiorari acknowledged; notice of time and place of hearing waived” (Asher v. Cape, 95 Ga. 31 , 22 S. E. 41 ), in this case no written notice was given to the opposite party in interest, his agent, or attorney, of the sanct | 1 | 1918–1918 |
American Bonding & Surety Co. v. Adams
green
2 sentences1918The cases of McAlister v. State, 77 Ga. 599 ( 3 S. E. 163 ), and American Bonding & Surety Co. v. Adams, 124 Ga. 510 ( 52 S. E. 622 ), are not in conflict with this ruling. 1918The cases of McAlister v. State, 77 Ga. 599 ( 3 S. E. 163 ), and American Bonding & Surety Co. v. Adams, 124 Ga. 510 ( 52 S. E. 622 ), are not in conflict with this ruling. | 1 | 1918–1918 |
Bell v. Bowdoin
green
1 sentence1916In Bell v. Bowdoin, 109 Ga, 209, 212 ( 34 S. E. 339 ), it was said: “On the trial of this issue the justice of the peace was offered as a witness, and testified that he issued the original summons and placed it in the hands of the constable, and that the constable handed it to him and requested that he serve it upon the defendant, if he would accept it as service. ' He met the defendant and told him of the request of the constable, and the defendant agreed to accept service from him. | 1 | 1916–1916 |
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.