motion to strike defense (Georgia) · Go Syfert
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motion to strike defense in Georgia

10 Georgia opinions name it 2 courts 1970–2012 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 (6)

CaseFollowedCited
Brown v. Techdata Corp.green
ga · 1977 · cited in 2 Georgia opinions naming this issue, 1983–1985
2 sentences

1985Where evidence was apparently “admissible when offered and later appears to be inadmissible the complaining party may prevent its inclusion in the evidence by making a motion to strike or rule it out at that time. [Cits.]” Brown v. Techdata Corp., 238 Ga. 622, 628 ( 234 SE2d 787 ) (1977).

1985Where evidence was apparently “admissible when offered and later appears to be inadmissible the complaining party may prevent its inclusion in the evidence by making a motion to strike or rule it out at that time. [Cits.]” Brown v. Techdata Corp., 238 Ga. 622, 628 ( 234 SE2d 787 ) (1977).

22
Wellbaum v. Murphygreen
gactapp · 1970 · cited in 5 Georgia opinions naming this issue, 1971–2012
2 sentences

2012OCGA§ 9-11-12 (f) provides that “[u]pon motion . . . , the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Moreover, “a motion to strike a defense should not be granted unless it appears to a certainty that the plaintiff would succeed despite any state of facts which could be proved in support of the defense.” (Citations omitted.) Wellbaum v. Murphy, 122 Ga. App. 654 (1) ( 178 SE2d 690 ) (1970).

2012OCGA§ 9-11-12 (f) provides that “[u]pon motion . . . , the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Moreover, “a motion to strike a defense should not be granted unless it appears to a certainty that the plaintiff would succeed despite any state of facts which could be proved in support of the defense.” (Citations omitted.) Wellbaum v. Murphy, 122 Ga. App. 654 (1) ( 178 SE2d 690 ) (1970).

15
Medlin v. Carpentergreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 1995–1995
2 sentences

1995Such motions to strike are not favored and should not be granted unless it is clear that the matter sought to be stricken can have no possible bearing upon the subject matter of the litigation. [Cit.] In particular, a motion to strike a defense should not be granted unless it appears to a certainty that the plaintiff would succeed despite any state of facts which could be proved in support of the defense. [Cits.]” Medlin v. Carpenter, 174 Ga. App. 50, 55 (10) ( 329 SE2d 159 ).

1995Such motions to strike are not favored and should not be granted unless it is clear that the matter sought to be stricken can have no possible bearing upon the subject matter of the litigation. [Cit.] In particular, a motion to strike a defense should not be granted unless it appears to a certainty that the plaintiff would succeed despite any state of facts which could be proved in support of the defense. [Cits.]” Medlin v. Carpenter, 174 Ga. App. 50, 55 (10) ( 329 SE2d 159 ).

11
Department of Transportation v. Tauntongreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 1995–1995
2 sentences

1995Dept. of Transp. v. Taunton, 217 Ga. App. 232, 234 (2) ( 457 SE2d 570 ) (1995).

1995Dept. of Transp. v. Taunton, 217 Ga. App. 232, 234 (2) ( 457 SE2d 570 ) (1995).

11
Gunter v. Loguegreen
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1985–1985
2 sentences

1985However, “[a] mere subsequent objection to previously admitted inadmissible testimony is not the equivalent of a motion to strike or exclude evidence; and such an objection is properly overruled. [Cits.]” Gunter v. Logue, 138 Ga. App. 868, 870 (6) *902 ( 227 SE2d 773 ) (1976).

1985However, “[a] mere subsequent objection to previously admitted inadmissible testimony is not the equivalent of a motion to strike or exclude evidence; and such an objection is properly overruled. [Cits.]” Gunter v. Logue, 138 Ga. App. 868, 870 (6) *902 ( 227 SE2d 773 ) (1976).

11
Manley v. Combsgreen
ga · 1944 · cited in 1 Georgia opinions naming this issue, 1977–1977
2 sentences

1977See, e.g., Manley v. Combs, 197 Ga. 768 ( 30 SE2d 485 ) (1944); West End Cab Co. v. Collier, 109 Ga. App. 555 ( 136 SE2d 512 ) (1964).

1977See, e.g., Manley v. Combs, 197 Ga. 768 ( 30 SE2d 485 ) (1944); West End Cab Co. v. Collier, 109 Ga. App. 555 ( 136 SE2d 512 ) (1964).

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 (2)

CaseCitedYears
West End Cab Co. v. Collier green
gactapp · 1964
2 sentences

1977See, e.g., Manley v. Combs, 197 Ga. 768 ( 30 SE2d 485 ) (1944); West End Cab Co. v. Collier, 109 Ga. App. 555 ( 136 SE2d 512 ) (1964).

1977See, e.g., Manley v. Combs, 197 Ga. 768 ( 30 SE2d 485 ) (1944); West End Cab Co. v. Collier, 109 Ga. App. 555 ( 136 SE2d 512 ) (1964).

11977–1977
Morgan v. White green
gactapp · 1970
2 sentences

1970See CPA, §§ 8 (f) and 12 (f); Code Ann. §§ 81A-108 (f), 81A-112 (f); Morgan v. White, 121 Ga. App. 794 ( 175 SE2d 878 ). 2.

1970See CPA, §§ 8 (f) and 12 (f); Code Ann. §§ 81A-108 (f), 81A-112 (f); Morgan v. White, 121 Ga. App. 794 ( 175 SE2d 878 ). 2.

11970–1970

Statutes the citing opinions construe

GA § 9-11-12 (4)

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.

Where else courts name it

CT 40 (1990–2020) FL 15 (1926–2024) CA 11 (1922–2026) NY 11 (1944–2024) GA 10 (1970–2012) VA 5 (1988–2026) AL 4 (1915–1981) TX 4 (2004–2025) IL 4 (2015–2017) OR 3 (1996–2013) RI 3 (2006–2015) KS 2 (1991–1995) IN 2 (1972–1974) OH 2 (1986–2008) DC 2 (2007–2010) SC 2 (1961–1986)

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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