Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 Georgia opinions name it 2 courts 1875–2009 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.
| Case | Followed | Cited |
|---|---|---|
Cawthon v. Stategreen2 sentences1948See Cawthon v. State, 119 Ga. 395 ( 46 S.E. 897 ); Farmer v. State, 100 Ga. 41 ( 28 S.E. 26 ). 1948See Cawthon v. State, 119 Ga. 395 ( 46 S.E. 897 ); Farmer v. State, 100 Ga. 41 ( 28 S.E. 26 ). | 2 | 3 |
Williams v. Kennedygreen2 sentences1938McMillan v. Heard National Bank, supra. “The rule of law recognized in this State seems to be, as stated in the case of Williams v. Kennedy, 134 Ga. 339, 345 ( 67 S. E. 821 ), that some positive act must be done by the creditor, either before or after judgment, which injures the surety in some way; mere failure or negligence on the part of the creditor will not relieve the surety; and the exceptions to this general rule will be found to be where the creditor omits to do something by which some collateral security in his hands is made unproductive, or where he is notified under the statute to p 1938McMillan v. Heard National Bank, supra. “The rule of law recognized in this State seems to be, as stated in the case of Williams v. Kennedy, 134 Ga. 339, 345 ( 67 S. E. 821 ), that some positive act must be done by the creditor, either before or after judgment, which injures the surety in some way; mere failure or negligence on the part of the creditor will not relieve the surety; and the exceptions to this general rule will be found to be where the creditor omits to do something by which some collateral security in his hands is made unproductive, or where he is notified under the statute to p | 2 | 2 |
Vaughan v. Vaughangreen2 sentences2009(Cit.)’ [Cit.]” Vaughan v. Vaughan, 253 Ga. 76, 78 ( 317 SE2d 201 ) (1984). 2009(Cit.)’ [Cit.]” Vaughan v. Vaughan, 253 Ga. 76, 78 ( 317 SE2d 201 ) (1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Farmer v. State
green
2 sentences1948See Cawthon v. State, 119 Ga. 395 ( 46 S.E. 897 ); Farmer v. State, 100 Ga. 41 ( 28 S.E. 26 ). 1948See Cawthon v. State, 119 Ga. 395 ( 46 S.E. 897 ); Farmer v. State, 100 Ga. 41 ( 28 S.E. 26 ). | 3 | 1947–1948 |
Daugherty v. Norville Industries, Inc.
green
2 sentences1986A case dismissed may not be renewed "without first making payment of the costs. . . ." The exceptions to this general rule reflected in Whitsett v. Hester-Bowman Enterprises, 94 Ga. App. 78 ( 93 SE2d 788 ) (1956), and Daugherty v. Norville Indus., 174 Ga. App. 89 ( 329 SE2d 202 ) (1985), are both limited seemingly to a good faith personal inquiry and contacting of the clerk of the court, the latter cited case stating that "having been informed by a reliable source" was referring to the clerk of the court. 1986A case dismissed may not be renewed "without first making payment of the costs. . . ." The exceptions to this general rule reflected in Whitsett v. Hester-Bowman Enterprises, 94 Ga. App. 78 ( 93 SE2d 788 ) (1956), and Daugherty v. Norville Indus., 174 Ga. App. 89 ( 329 SE2d 202 ) (1985), are both limited seemingly to a good faith personal inquiry and contacting of the clerk of the court, the latter cited case stating that "having been informed by a reliable source" was referring to the clerk of the court. | 1 | 1986–1986 |
Whitsett v. Hester-Bowman Enterprises, Inc.
green
2 sentences1986A case dismissed may not be renewed "without first making payment of the costs. . . ." The exceptions to this general rule reflected in Whitsett v. Hester-Bowman Enterprises, 94 Ga. App. 78 ( 93 SE2d 788 ) (1956), and Daugherty v. Norville Indus., 174 Ga. App. 89 ( 329 SE2d 202 ) (1985), are both limited seemingly to a good faith personal inquiry and contacting of the clerk of the court, the latter cited case stating that "having been informed by a reliable source" was referring to the clerk of the court. 1986A case dismissed may not be renewed "without first making payment of the costs. . . ." The exceptions to this general rule reflected in Whitsett v. Hester-Bowman Enterprises, 94 Ga. App. 78 ( 93 SE2d 788 ) (1956), and Daugherty v. Norville Indus., 174 Ga. App. 89 ( 329 SE2d 202 ) (1985), are both limited seemingly to a good faith personal inquiry and contacting of the clerk of the court, the latter cited case stating that "having been informed by a reliable source" was referring to the clerk of the court. | 1 | 1986–1986 |
Davenport v. State Banking Co.
green
2 sentences1939And the exceptions to this general rule will be found to be where the creditor omits to do something by which some collateral security in his hands is made unproductive, or where he is notified under the statute to proceed, and he fails or refuses.” See also Davenport v. State Banking Co., 126 Ga. 136 ( 54 S. E. 977 , 8 L. 1939And the exceptions to this general rule will be found to be where the creditor omits to do something by which some collateral security in his hands is made unproductive, or where he is notified under the statute to proceed, and he fails or refuses.” See also Davenport v. State Banking Co., 126 Ga. 136 ( 54 S. E. 977 , 8 L. | 1 | 1939–1939 |
Toomer v. Dickerson
green
1 sentence1912What the learned Justice meant is illustrated in the case of Toomer v. Dickerson, 37 Ga. 428 , cited in support of his statement of the rule and exception. | 1 | 1912–1912 |
Hain v. Martin
neutral
1 sentence1875We therefore reverse the judgment of the court below, as to his ruling on the cotton; the dismissal of the levy and re-delivery of it to the principal defendant operates to discharge the surety pro tanto; and we affirm his judgment on the other two grounds: See 3 Kelly, 248 , 249, 412; 11 Georgia Reports, 300; 17 Ibid., 111; 33 Ibid., 173; 44 Ibid., 11; 47 Ibid., 273; 3 Penn., 437 ; 5 Watts, 179 ; 2 American Leading Cases, 267 , et seq. | 1 | 1875–1875 |
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.