inclusion clause (Georgia) · Go Syfert
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inclusion clause in Georgia

11 Georgia opinions name it 2 courts 1943–2020 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 (10)

CaseFollowedCited
Houseboat Store, LLC v. Chris-Craft Corp.green
gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020A freely negotiated agreement should be upheld absent a compelling reason such as fraud[.]” Houseboat Store v. Chris-Craft Corp., 302 Ga. App. 795, 797 (1) (b) ( 692 SE2d 61 ) (2010) (citations and punctuation omitted). [A] forum-selection clause in a contract is not enforceable if the inclusion of that clause in the contract was the product of fraud or coercion.

2020A freely negotiated agreement should be upheld absent a compelling reason such as fraud[.]” Houseboat Store v. Chris-Craft Corp., 302 Ga. App. 795, 797 (1) (b) ( 692 SE2d 61 ) (2010) (citations and punctuation omitted). [A] forum-selection clause in a contract is not enforceable if the inclusion of that clause in the contract was the product of fraud or coercion.

11
Merry v. Williamsgreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2015–2015
1 sentence

2015See id. at 576-577 .

11
Lovelace v. Figure Salon, Inc.green
gactapp · 1986 · cited in 1 Georgia opinions naming this issue, 1989–1989
2 sentences

1989See Lovelace v. Figure Salon, 179 Ga. App. 51 (1) ( 345 SE2d 139 ) (1986); My Fair Lady of Ga. v. Harris, 185 Ga. App. 459 ( 364 SE2d 580 ) (1988).

1989See Lovelace v. Figure Salon, 179 Ga. App. 51 (1) ( 345 SE2d 139 ) (1986); My Fair Lady of Ga. v. Harris, 185 Ga. App. 459 ( 364 SE2d 580 ) (1988).

11
Brooks v. Francisgreen
ncctapp · 1982 · cited in 1 Georgia opinions naming this issue, 1988–1988
1 sentence

1988See Brooks v. Francis, 291 SE2d 889, 891 (N.C.

11
Patterson v. Stategreen
ga · 1975 · cited in 1 Georgia opinions naming this issue, 1985–1985
1 sentence

1985Id. at 730, fn. 1 .

11
Walker v. Stategreen
gactapp · 1978 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982Campbell v. State, 106 Ga. App. 588 (2) ( 127 SE2d 698 ); Walker v. State, 146 Ga. App. 237, 244 ( 246 SE2d 206 ).

1982Campbell v. State, 106 Ga. App. 588 (2) ( 127 SE2d 698 ); Walker v. State, 146 Ga. App. 237, 244 ( 246 SE2d 206 ).

11
Smith v. Stategreen
ga · 1945 · cited in 1 Georgia opinions naming this issue, 1975–1975
2 sentences

1975In Smith v. State, 200 Ga. 188, 194 ( 36 SE2d 350 ), this court said that the then sections of our Code defining murder and those defining malice must be construed together.

1975In Smith v. State, 200 Ga. 188, 194 ( 36 SE2d 350 ), this court said that the then sections of our Code defining murder and those defining malice must be construed together.

11
Cargile v. Stategreen
ga · 1912 · cited in 1 Georgia opinions naming this issue, 1945–1945
1 sentence

1945See Cargile v. State, 137 Ga. 775 (2) ( 74 S. E. 621 ), as to what is the better practice. 2.

11
Abbott v. Stategreen
gactapp · 1912 · cited in 1 Georgia opinions naming this issue, 1945–1945
1 sentence

1945See Cargile v. State, 137 Ga. 775 (2) ( 74 S. E. 621 ), as to what is the better practice. 2.

11
Haynie v. Stategreen
gactapp · 1933 · cited in 1 Georgia opinions naming this issue, 1945–1945
1 sentence

1945You may believe it in whole, you may believe it in part, and you may believe it in preference to the sworn testimony in the case,” is not erroneous by the inclusion of the clause, “it is not under oath and it is not subject to cross-examination.” Ryals v. State, 125 Ga. 266 ( 54 S. E. 168 ); Dunahoo v. State, 46 Ga. App. 310, 312 ( 167 S. E. 614 ).

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 (8)

CaseCitedYears
Hamilton v. State neutral
ga · 1915
2 sentences

1943The defendant in this case should not be convicted upon the testimony of [the accuser] alone, however positive it may be, unless the same is corroborated by some concurrent circumstances," is not erroneous by the inclusion of the clause "however positive it may be." Compare Hamilton v. State , 143 Ga. 265 ( 84 S.E. 583 ). 3.

1943The defendant in this case should not be convicted upon the testimony of [the accuser] alone, however positive it may be, unless the same is corroborated by some concurrent circumstances,” is not erroneous by the inclusion of the clause “however positive it may be.” Compare Hamilton v. State, 143 Ga. 265 ( 84 S. E. 583 ). 3.

21943–1943
Atlanta & Carolina Railway v. Hollingsworth neutral
ga · 1915
2 sentences

1943The defendant in this case should not be convicted upon the testimony of [the accuser] alone, however positive it may be, unless the same is corroborated by some concurrent circumstances," is not erroneous by the inclusion of the clause "however positive it may be." Compare Hamilton v. State , 143 Ga. 265 ( 84 S.E. 583 ). 3.

1943The defendant in this case should not be convicted upon the testimony of [the accuser] alone, however positive it may be, unless the same is corroborated by some concurrent circumstances,” is not erroneous by the inclusion of the clause “however positive it may be.” Compare Hamilton v. State, 143 Ga. 265 ( 84 S. E. 583 ). 3.

21943–1943
Allen v. State green
ga · 1985
1 sentence

2000By limiting the right in its creation, the legislature has not negated the right.” Allen, supra. Klink and Watt also argue that the legislature’s inclusion of a warning in the implied consent notices given to boaters suspected of boating under the influence of alcohol pursuant to OCGA § 52-7-12.5 *607 that test results may be used against suspects at trial shows that the legislature recognized that not including such a warning would violate due process.

12000–2000
My Fair Lady of Georgia, Inc. v. Harris green
gactapp · 1987
2 sentences

1989See Lovelace v. Figure Salon, 179 Ga. App. 51 (1) ( 345 SE2d 139 ) (1986); My Fair Lady of Ga. v. Harris, 185 Ga. App. 459 ( 364 SE2d 580 ) (1988).

1989See Lovelace v. Figure Salon, 179 Ga. App. 51 (1) ( 345 SE2d 139 ) (1986); My Fair Lady of Ga. v. Harris, 185 Ga. App. 459 ( 364 SE2d 580 ) (1988).

11989–1989
Campbell v. State neutral
gactapp · 1962
2 sentences

1982Campbell v. State, 106 Ga. App. 588 (2) ( 127 SE2d 698 ); Walker v. State, 146 Ga. App. 237, 244 ( 246 SE2d 206 ).

1982Campbell v. State, 106 Ga. App. 588 (2) ( 127 SE2d 698 ); Walker v. State, 146 Ga. App. 237, 244 ( 246 SE2d 206 ).

11982–1982
Ryals v. State green
ga · 1906
1 sentence

1945You may believe it in whole, you may believe it in part, and you may believe it in preference to the sworn testimony in the case,” is not erroneous by the inclusion of the clause, “it is not under oath and it is not subject to cross-examination.” Ryals v. State, 125 Ga. 266 ( 54 S. E. 168 ); Dunahoo v. State, 46 Ga. App. 310, 312 ( 167 S. E. 614 ).

11945–1945
Atlantic Coast Line Railroad v. Strickland green
ga · 1906
1 sentence

1945You may believe it in whole, you may believe it in part, and you may believe it in preference to the sworn testimony in the case,” is not erroneous by the inclusion of the clause, “it is not under oath and it is not subject to cross-examination.” Ryals v. State, 125 Ga. 266 ( 54 S. E. 168 ); Dunahoo v. State, 46 Ga. App. 310, 312 ( 167 S. E. 614 ).

11945–1945
Rucker v. Mobley neutral
gactapp · 1933
1 sentence

1945You may believe it in whole, you may believe it in part, and you may believe it in preference to the sworn testimony in the case,” is not erroneous by the inclusion of the clause, “it is not under oath and it is not subject to cross-examination.” Ryals v. State, 125 Ga. 266 ( 54 S. E. 168 ); Dunahoo v. State, 46 Ga. App. 310, 312 ( 167 S. E. 614 ).

11945–1945

Where else courts name it

TX 125 (1973–2026) NY 35 (1906–2021) CA 27 (1923–2024) IL 25 (1934–2021) FL 20 (1931–2013) OH 16 (1939–2026) CT 15 (1966–2022) MO 13 (1960–2017) LA 11 (1982–2017) GA 11 (1943–2020) NJ 10 (1962–2018) MA 10 (1957–2014) PA 10 (1973–2023) MS 10 (1994–2026) CO 9 (1971–2026) IN 9 (1986–2020) MI 8 (1982–2023) IA 7 (1966–2026) MN 6 (1956–2007) AL 6 (1916–2016) NC 6 (1992–2013) OR 6 (1975–2022) WI 6 (1977–2024) WV 5 (1992–2010) MD 5 (1931–2019) AZ 5 (1947–2023) KY 4 (1926–1986) OK 4 (2000–2014) TN 4 (1997–2026) NE 4 (1958–2020) VT 4 (1984–2012) ID 4 (1932–2023) VA 4 (1997–2021) ND 3 (1977–1983) WA 3 (2018–2024) KS 3 (2005–2022) NM 3 (1965–2020) DE 3 (2010–2013) ME 3 (1990–2023) DC 3 (1995–2023) SC 2 (1964–2016) AR 2 (1984–2010) MT 2 (1934–1980) AK 2 (1985–2009) HI 2 (2005–2007)

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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