motion assigns error (Georgia) · Go Syfert
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motion assigns error in Georgia

12 Georgia opinions name it 2 courts 1922–1963 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
Seaboard Air-Line Railway Co. v. Fountaingreen
ga · 1931 · cited in 1 Georgia opinions naming this issue, 1942–1942
2 sentences

1942However, this is a rebuttable presumption that may be overcome by proof showing that the injury was not due to want of reasonable skill and care on the part of the servants of the railroad company in reference to such injury, and when any evidence is offered showing the servants of the company were in the exercise of reasonable skill and care on their part in respect to such injury, same overcomes such prima facie evidence, and shifts the burden back to the plaintiff to show by the evidence in the case that the injury was due to the negligence of the employees of the defendant.” In Seaboard Ai

1942However, this is a rebuttable presumption that may be overcome by proof showing that the injury was not due to want of reasonable skill and care on the part of the servants of the railroad company in reference to such injury, and when any evidence is offered showing the servants of the company were in the exercise of reasonable skill and care on their part in respect to such injury, same overcomes such prima facie evidence, and shifts the burden back to the plaintiff to show by the evidence in the case that the injury was due to the negligence of the employees of the defendant.” In Seaboard Ai

11
Gaynok v. Travelers Insurancegreen
gactapp · 1913 · cited in 1 Georgia opinions naming this issue, 1942–1942
1 sentence

1942Almost immediately following the excerpt complained of the court charged: “I charge you, if you believe that at the time the insured was injured he was violating a law, there must -be a causative connection between the act which constituted the violation of the law and the death of the insured.” The charge was not error for the reason assigned and was applicable to the evidence and authorized by Gaynor v. Travelers Insurance Co., 12 Ga. App. 601, 603 ( 77 S. E. 1072 ), Travelers Insurance Co. v. Wyness, supra; and Newsome v. Travelers Insurance Co., 143 Ga. 785 ( 85 S. E. 1035 ).

11
Morris v. Stategreen
ga · 1933 · cited in 1 Georgia opinions naming this issue, 1941–1941
2 sentences

1941“Where the defendant in a criminal ease 'exercises his right of making a statement not under oath, such statement may be contradicted by testimony as to the facts which it narrates.” Doyle v. State, 77 Ga. 513 (2); Morris v. State, 177 Ga. 106, 115 ( 169 S. E. 495 ), and cit.

1941“Where the defendant in a criminal ease 'exercises his right of making a statement not under oath, such statement may be contradicted by testimony as to the facts which it narrates.” Doyle v. State, 77 Ga. 513 (2); Morris v. State, 177 Ga. 106, 115 ( 169 S. E. 495 ), and cit.

11
Ray v. Stategreen
· 1854 · cited in 1 Georgia opinions naming this issue, 1929–1929
1 sentence

1929See Ray v. State, 15 Ga. 223 (5).

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 (13)

CaseCitedYears
Morris v. State green
gactapp · 1958
2 sentences

1963This assignment of error is substantially the same as that contained in Morris v. State, 97 Ga. App. 762 (2) ( 104 SE2d 483 ), and the charge complained of as ruled in that case was not error.

1963This assignment of error is substantially the same as that contained in Morris v. State, 97 Ga. App. 762 (2) ( 104 SE2d 483 ), and the charge complained of as ruled in that case was not error.

11963–1963
Ellard v. Coleman neutral
gactapp · 1918
1 sentence

1961Culpepper v. Hall, 22 Ga. App. 715 (1) ( 97 SE 111 ); Atlanta Life Ins.

11961–1961
Dudley v. Taylor & Morris green
gactapp · 1918
1 sentence

1961Culpepper v. Hall, 22 Ga. App. 715 (1) ( 97 SE 111 ); Atlanta Life Ins.

11961–1961
Higgs v. State neutral
ga · 1916
2 sentences

1944Under this principle of law, and under authority of the decision in Higgs v. State, 145 Ga. 414 ( 89 S. E. 361 ), and cases cited therein, and Switzer v. State, 28 Ga. App. 747 ( 113 S. E. 55 ), the court did not, under the facts of this case, abuse its discretion in overruling the motion for continuance. (6) Ground 2 of the motion assigns error because the court, over objection of the defendant, admitted in evidence the testimony of the sheriff, and of State trooper Beasley, on the ground that the manner in which the testimony was obtained forced her to give evidence against herself in violat

1944Under this principle of law, and under authority of the decision in Higgs v. State, 145 Ga. 414 ( 89 S. E. 361 ), and cases cited therein, and Switzer v. State, 28 Ga. App. 747 ( 113 S. E. 55 ), the court did not, under the facts of this case, abuse its discretion in overruling the motion for continuance. (6) Ground 2 of the motion assigns error because the court, over objection of the defendant, admitted in evidence the testimony of the sheriff, and of State trooper Beasley, on the ground that the manner in which the testimony was obtained forced her to give evidence against herself in violat

11944–1944
Switzer v. State neutral
gactapp · 1922
2 sentences

1944Under this principle of law, and under authority of the decision in Higgs v. State, 145 Ga. 414 ( 89 S. E. 361 ), and cases cited therein, and Switzer v. State, 28 Ga. App. 747 ( 113 S. E. 55 ), the court did not, under the facts of this case, abuse its discretion in overruling the motion for continuance. (6) Ground 2 of the motion assigns error because the court, over objection of the defendant, admitted in evidence the testimony of the sheriff, and of State trooper Beasley, on the ground that the manner in which the testimony was obtained forced her to give evidence against herself in violat

1944Under this principle of law, and under authority of the decision in Higgs v. State, 145 Ga. 414 ( 89 S. E. 361 ), and cases cited therein, and Switzer v. State, 28 Ga. App. 747 ( 113 S. E. 55 ), the court did not, under the facts of this case, abuse its discretion in overruling the motion for continuance. (6) Ground 2 of the motion assigns error because the court, over objection of the defendant, admitted in evidence the testimony of the sheriff, and of State trooper Beasley, on the ground that the manner in which the testimony was obtained forced her to give evidence against herself in violat

11944–1944
Newsome v. Travelers Insurance green
ga · 1915
2 sentences

1942Almost immediately following the excerpt complained of the court charged: “I charge you, if you believe that at the time the insured was injured he was violating a law, there must -be a causative connection between the act which constituted the violation of the law and the death of the insured.” The charge was not error for the reason assigned and was applicable to the evidence and authorized by Gaynor v. Travelers Insurance Co., 12 Ga. App. 601, 603 ( 77 S. E. 1072 ), Travelers Insurance Co. v. Wyness, supra; and Newsome v. Travelers Insurance Co., 143 Ga. 785 ( 85 S. E. 1035 ).

1942Almost immediately following the excerpt complained of the court charged: “I charge you, if you believe that at the time the insured was injured he was violating a law, there must -be a causative connection between the act which constituted the violation of the law and the death of the insured.” The charge was not error for the reason assigned and was applicable to the evidence and authorized by Gaynor v. Travelers Insurance Co., 12 Ga. App. 601, 603 ( 77 S. E. 1072 ), Travelers Insurance Co. v. Wyness, supra; and Newsome v. Travelers Insurance Co., 143 Ga. 785 ( 85 S. E. 1035 ).

11942–1942
Doyle v. State neutral
ga · 1886
1 sentence

1941“Where the defendant in a criminal ease 'exercises his right of making a statement not under oath, such statement may be contradicted by testimony as to the facts which it narrates.” Doyle v. State, 77 Ga. 513 (2); Morris v. State, 177 Ga. 106, 115 ( 169 S. E. 495 ), and cit.

11941–1941
Terry v. Buffington green
ga · 1852
1 sentence

1935One ground of the motion assigns error on the following charge by the court to the jury: “Now in case of doubt, as I said, you are to look to all of the facts and circumstances together with the testimony showing the condition of the deceased’s mind at the time of the execution of the will, or the purported will, on January 18th, 1934.” This principle of law was laid down in Terry v. Buffington, 11 Ga. 337 ( 56 Am.

11935–1935
Hall v. Treadaway green
gactapp · 1913
2 sentences

1932“Original records of one court ordinarily are not admissible in evidence in a different court, but certified copies of such papers constitute primary evidence.” Hall v. Treadaway, 12 Ga. App. 492 ( 77 S. E. 878 ) ; Georgia Engineering Co. v. Horton, 135.

1932“Original records of one court ordinarily are not admissible in evidence in a different court, but certified copies of such papers constitute primary evidence.” Hall v. Treadaway, 12 Ga. App. 492 ( 77 S. E. 878 ) ; Georgia Engineering Co. v. Horton, 135.

11932–1932
Parks v. Hailey neutral
ga · 1914
1 sentence

1925The extract complained of does not seem to be a complete sentence, and an exception to “an extract from the charge, the extract consisting of an uncompleted sentence which is without meaning as it stands and announces no proposition of law, is without merit.” Parks v. Hailey, 142 Ga. 391 (9) ( 83 S. E. 100 ).

11925–1925
Central of Georgia Railway Co. v. Ballard green
ga · 1914
1 sentence

1925The extract complained of does not seem to be a complete sentence, and an exception to “an extract from the charge, the extract consisting of an uncompleted sentence which is without meaning as it stands and announces no proposition of law, is without merit.” Parks v. Hailey, 142 Ga. 391 (9) ( 83 S. E. 100 ).

11925–1925
Blaisdell v. Bohr neutral
ga · 1886
1 sentence

1923The fourteenth ground of the motion assigns error upon the refusal of the court to charge the rule laid down in the Civil Code, § 4537, as follows: “ The law is that when one of two innocent persons must suffer by the act of a third person, he who puts it in the power of the third person to inflict the injury must bear the loss.” This section was codified from the decision of this court in Blaisdell v. Bohr, 77 Ga. 381 ; upon a state of facts entirely different from the facts of the case at bar; and this principle was not applicable in the present case.

11923–1923
Clare v. Drexler green
ga · 1921
2 sentences

1922Clare v. Drexler, 152 Ga. 419 ( 110 S. E. 176 ). 4 (8th ground).

1922Clare v. Drexler, 152 Ga. 419 ( 110 S. E. 176 ). 4 (8th ground).

11922–1922

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