departure from the general rule (Georgia) · Go Syfert
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departure from the general rule in Georgia

8 Georgia opinions name it 1 courts 1918–2022 1 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 (2)

CaseFollowedCited
Trust Co. Bank v. Union Circulation Co.green
ga · 1978 · cited in 3 Georgia opinions naming this issue, 1996–2014
2 sentences

1996“Because [OCGA § 9-3-96] provides for a departure from the general rule [of limitation], requires actual fraud involving moral turpitude, or a breach of a duty to disclose because of a relationship of trust and confidence, and does not toll the statute unless the fraud is distinguishable from that giving rise to the cause of action, it must be strictly construed.” Trust Co. Bank v. Union Circulation Co., 241 Ga. 343, 344 ( 245 SE2d 297 ) (1978).

1996“Because [OCGA § 9-3-96] provides for a departure from the general rule [of limitation], requires actual fraud involving moral turpitude, or a breach of a duty to disclose because of a relationship of trust and confidence, and does not toll the statute unless the fraud is distinguishable from that giving rise to the cause of action, it must be strictly construed.” Trust Co. Bank v. Union Circulation Co., 241 Ga. 343, 344 ( 245 SE2d 297 ) (1978).

13
Jim Walter Homes, Inc. v. Stricklandgreen
gactapp · 1987 · cited in 1 Georgia opinions naming this issue, 1989–1989
2 sentences

1989Usually, "`an omission of information from a statement admittedly published will not support an action for libel.'" Jim Walter Homes v. Strickland, 185 Ga. App. 306, 309 (1) ( 363 SE2d 834 ); Comer v. Nat.

1989Usually, "`an omission of information from a statement admittedly published will not support an action for libel.'" Jim Walter Homes v. Strickland, 185 Ga. App. 306, 309 (1) ( 363 SE2d 834 ); Comer v. Nat.

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 (4)

CaseCitedYears
REEVES v. the STATE. green
gactapp · 2018
2 sentences

2022As the majority correctly states, OCGA § 16-5-90 (a) (1) provides that “the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received.” This is a departure from the general rule that, for telephone based crimes, “venue can be either the location from which the call 2 originated or the place at which the call is received.” Reeves v. State, 346 Ga. App. 414 (1) (a) ( 816 SE2d 401 ) (2018).

2022As the majority correctly states, OCGA § 16-5-90 (a) (1) provides that “the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received.” This is a departure from the general rule that, for telephone based crimes, “venue can be either the location from which the call 2 originated or the place at which the call is received.” Reeves v. State, 346 Ga. App. 414 (1) (a) ( 816 SE2d 401 ) (2018).

12022–2022
United States Fidelity & Guaranty Co. v. Nash green
gactapp · 1967
2 sentences

1978Co. v. Nash, 116 Ga. App. 123 ( 156 SE2d 550 ), the requirements justifying a departure from the general rule of periodic payments of workmen’s compensation are set forth.

1978Co. v. Nash, 116 Ga. App. 123 ( 156 SE2d 550 ), the requirements justifying a departure from the general rule of periodic payments of workmen’s compensation are set forth.

11978–1978
Tillman v. Moody green
ga · 1935
1 sentence

1967It appears from the record that the continuation of weekly payments to the claimant would serve the purpose of the Workmen’s Compensation Act pointed out in Tillman v. Moody, 181 Ga. 530 , supra. The evidence does not show exceptional circumstances to justify a departure from the general rule of periodic payments of compensation, nor strong and urgent reasons for approving a lump-sum award.

11967–1967
Petit v. Teal neutral
· 1876
1 sentence

1918It was stated by Judge Bleckley in Petit v. Teal, 57 Ga. 145, 148 , that while this change in the law might have a bearing upon the subject, since the necessity for the rule had abated in force, it was nevertheless his opinion that even though "the party himself had been made competent to testify, the book should still be admissible as tending to support his credit.

11918–1918

Statutes the citing opinions construe

GA § 9-3-96 (3)

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

NY 61 (1880–2022) CA 36 (1914–2026) MD 30 (1961–2018) PA 11 (1922–2020) FL 10 (1925–2010) MA 10 (1949–2018) TX 10 (1856–2007) GA 8 (1918–2022) MI 8 (1973–2023) CT 8 (1885–2014) IL 7 (1883–1990) TN 7 (1921–2013) MN 6 (1907–2003) OH 6 (1999–2021) NM 6 (1946–2022) RI 6 (1924–2024) UT 6 (1999–2025) NE 5 (1893–1965) AL 5 (1908–1998) WA 5 (1941–2010) WV 4 (1949–2024) ID 4 (1980–2022) NH 4 (1998–2010) SC 3 (1904–2003) OK 3 (1988–2010) AZ 3 (1997–2019) NJ 3 (2001–2017) VA 3 (1906–1949) IA 3 (1960–2014) HI 3 (1966–1987) KY 3 (1817–1996) AR 2 (1978–1978) WY 2 (1956–1992) VI 2 (2008–2008) OR 2 (1977–1989) MO 2 (1857–1901) IN 2 (1918–1983) DC 2 (1957–1990) ME 2 (1966–2008)

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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