law applicable defense (Georgia) · Go Syfert
← Georgia issues

law applicable defense in Georgia

9 Georgia opinions name it 2 courts 1915–1971 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
Lawler v. Life Insurance Co. of Georgiagreen
gactapp · 1955 · cited in 1 Georgia opinions naming this issue, 1971–1971
2 sentences

1971Co. of Ga., 91 Ga. App. 443, 445 ( 85 SE2d 814 ) held: "We now hold that the trial judge erred in directing a verdict for the insurance company because there was no evidence whatever to the effect that the insurance company relied on the fraudulent misrepresentations in reinstating the policy of insurance.

1971Co. of Ga., 91 Ga. App. 443, 445 ( 85 SE2d 814 ) held: "We now hold that the trial judge erred in directing a verdict for the insurance company because there was no evidence whatever to the effect that the insurance company relied on the fraudulent misrepresentations in reinstating the policy of insurance.

11
Awbrey v. Johnsongreen
gactapp · 1932 · cited in 1 Georgia opinions naming this issue, 1964–1964
2 sentences

1964“It is error for the court to fail to charge the jury the law applicable to a defense pleaded in the answer and supported by the evidence.” Awbrey v. Johnson, 45 Ga. App. 663, 664 ( 165 SE 846 ); Pryor v. Coggin, 17 Ga. 444 ; Jackson v. Matlock, 87 Ga. App. 593, 594 ( 74 SE2d 667 ).

1964“It is error for the court to fail to charge the jury the law applicable to a defense pleaded in the answer and supported by the evidence.” Awbrey v. Johnson, 45 Ga. App. 663, 664 ( 165 SE 846 ); Pryor v. Coggin, 17 Ga. 444 ; Jackson v. Matlock, 87 Ga. App. 593, 594 ( 74 SE2d 667 ).

11
Jackson v. Matlockgreen
gactapp · 1953 · cited in 1 Georgia opinions naming this issue, 1964–1964
2 sentences

1964“It is error for the court to fail to charge the jury the law applicable to a defense pleaded in the answer and supported by the evidence.” Awbrey v. Johnson, 45 Ga. App. 663, 664 ( 165 SE 846 ); Pryor v. Coggin, 17 Ga. 444 ; Jackson v. Matlock, 87 Ga. App. 593, 594 ( 74 SE2d 667 ).

1964“It is error for the court to fail to charge the jury the law applicable to a defense pleaded in the answer and supported by the evidence.” Awbrey v. Johnson, 45 Ga. App. 663, 664 ( 165 SE 846 ); Pryor v. Coggin, 17 Ga. 444 ; Jackson v. Matlock, 87 Ga. App. 593, 594 ( 74 SE2d 667 ).

11
Dotson v. Stategreen
ga · 1907 · cited in 1 Georgia opinions naming this issue, 1947–1947
2 sentences

1947See *59 Dotson v. State, 129 Ga. 727 ( 59 S. E. 774 ), and a number of eases therein cited.

1947See *59 Dotson v. State, 129 Ga. 727 ( 59 S. E. 774 ), and a number of eases therein cited.

11
Rome Railway & Light Co. v. Kinggreen
gactapp · 1925 · cited in 1 Georgia opinions naming this issue, 1937–1937
2 sentences

1937“It is the settled general rule that a trial judge, whether requested in writing or not, should give to the jury appropriate instructions on every substantial, vital, and controlling issue presented by the pleadings and the evidence.” Rome Railway & Light Co. v. King, 33 Ga. App. 383, 384 ( 126 S. E. 294 ), and cit.

1937“It is the settled general rule that a trial judge, whether requested in writing or not, should give to the jury appropriate instructions on every substantial, vital, and controlling issue presented by the pleadings and the evidence.” Rome Railway & Light Co. v. King, 33 Ga. App. 383, 384 ( 126 S. E. 294 ), and cit.

11
American Mortgage Co. v. Hillgreen
· 1893 · cited in 1 Georgia opinions naming this issue, 1935–1935
2 sentences

1935While we realize that the law applicable to claim cases is not always applicable to cases of another nature, we have quoted from the above decisions, and now desire to quote as follows: “According to the true spirit of our law at present, whatever a man can enjoy himself, as property, can be sold for the payment of his debts, unless it be exempted from levy and sale in the manner pointed out by the homestead and exemption laws.” American Mortgage Co. v. Hill, 92 Ga. 297, 306 ( 18 S. E. 425 ).

1935While we realize that the law applicable to claim cases is not always applicable to cases of another nature, we have quoted from the above decisions, and now desire to quote as follows: “According to the true spirit of our law at present, whatever a man can enjoy himself, as property, can be sold for the payment of his debts, unless it be exempted from levy and sale in the manner pointed out by the homestead and exemption laws.” American Mortgage Co. v. Hill, 92 Ga. 297, 306 ( 18 S. E. 425 ).

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 (6)

CaseCitedYears
Pryor v. Coggin green
ga · 1855
1 sentence

1964“It is error for the court to fail to charge the jury the law applicable to a defense pleaded in the answer and supported by the evidence.” Awbrey v. Johnson, 45 Ga. App. 663, 664 ( 165 SE 846 ); Pryor v. Coggin, 17 Ga. 444 ; Jackson v. Matlock, 87 Ga. App. 593, 594 ( 74 SE2d 667 ).

11964–1964
Central of Georgia Railway Co. v. Prior green
ga · 1914
1 sentence

1932Co. v. Prior, 142 Ga. 536, 538 . (c) It is error for the court to fail to charge the jury the law applicable to a defense pleaded in the answer and supported by the evidence.

11932–1932
Jones v. Alred green
gactapp · 1930
1 sentence

1932Jones v. Alred, 4l Ga. App. 472 (2) ( 153 S. E. 444 ).

11932–1932
Louisville & Nashville Railroad v. McGarity neutral
ga · 1913
2 sentences

1923Co. v. McGarity, 139 Ga. 472 (1), 77 S. E. 630 ), and while it is error to omit instructions upon the law applicable to this defense where it is raised by the pleadings and the evidence (Americus &c.

1923Co. v. McGarity, 139 Ga. 472 (1), 77 S. E. 630 ), and while it is error to omit instructions upon the law applicable to this defense where it is raised by the pleadings and the evidence (Americus &c.

11923–1923
Wilensky v. State green
gactapp · 1914
2 sentences

1916Wilensky v. State, 15 Ga. App. 360 (83 S. E. 276).

1916Wilensky v. State, 15 Ga. App. 360 (83 S. E. 276).

11916–1916
Thompson v. O'Connor green
· 1902
2 sentences

1915Thompson v. O’Connor, 115 Ga. 120 (5), 123 ( 41 S. E. 242 ). 4.

1915Thompson v. O’Connor, 115 Ga. 120 (5), 123 ( 41 S. E. 242 ). 4.

11915–1915

Where else courts name it

AR 16 (1986–2025) CA 13 (1945–2025) LA 10 (1935–2015) GA 9 (1915–1971) FL 7 (1949–2019) NM 5 (1993–2008) NY 5 (1984–2020) TX 4 (1883–2014) MI 4 (1967–1976) KS 3 (1969–2014) WV 3 (1961–2004) CO 3 (1990–2009) AL 2 (2007–2007) IL 2 (2025–2025) KY 2 (1878–2011) OK 2 (1934–1938)

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.

← Caselaw search · G Cite Topics · Brief Check