failure to file claim (Georgia) · Go Syfert
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failure to file claim in Georgia

8 Georgia opinions name it 2 courts 1905–1972 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 (3)

CaseFollowedCited
Continental Casualty Co. v. Whitegreen
ga · 1934 · cited in 1 Georgia opinions naming this issue, 1935–1935
2 sentences

1935As was said in Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency to mislead the purchaser as to the owner’s relation to the property and the title.” See, also, in this connection, Continental Casualty Co. v. White, 178 Ga. 287, 290 ( 173 S. E. 117 ); Alliance Insurance Co. v. Williamson, 36 Ga. App. 497, 500 ( 137 S. E. 277 ); Seaboard Air-Line Ry.

1935As was said in Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency to mislead the purchaser as to the owner’s relation to the property and the title.” See, also, in this connection, Continental Casualty Co. v. White, 178 Ga. 287, 290 ( 173 S. E. 117 ); Alliance Insurance Co. v. Williamson, 36 Ga. App. 497, 500 ( 137 S. E. 277 ); Seaboard Air-Line Ry.

11
Alliance Insurance v. Williamsongreen
gactapp · 1927 · cited in 1 Georgia opinions naming this issue, 1935–1935
2 sentences

1935As was said in Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency to mislead the purchaser as to the owner’s relation to the property and the title.” See, also, in this connection, Continental Casualty Co. v. White, 178 Ga. 287, 290 ( 173 S. E. 117 ); Alliance Insurance Co. v. Williamson, 36 Ga. App. 497, 500 ( 137 S. E. 277 ); Seaboard Air-Line Ry.

1935As was said in Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency to mislead the purchaser as to the owner’s relation to the property and the title.” See, also, in this connection, Continental Casualty Co. v. White, 178 Ga. 287, 290 ( 173 S. E. 117 ); Alliance Insurance Co. v. Williamson, 36 Ga. App. 497, 500 ( 137 S. E. 277 ); Seaboard Air-Line Ry.

11
Athens Leather Manufacturing Co. v. Myers & Co.green
ga · 1896 · cited in 1 Georgia opinions naming this issue, 1918–1918
2 sentences

1918Athens Leather Manufacturing Co. v. Myers, 98 Ga. 396, 397 ( 25 S. E. 503 ).

1918Athens Leather Manufacturing Co. v. Myers, 98 Ga. 396, 397 ( 25 S. E. 503 ).

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
Lawless v. Orr yellow
ga · 1905
2 sentences

1937On March 25th the sheriff sold the car, and I bought it in at public outcry, and that was how I came [into] possession of the car.” This telegram was dated March 21, 1935, and was introduced in evidence. '“The failure to file a claim to property which has been levied on will not estop the true owner from, asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency to mislead the purchaser as to the owner’s relation to the property and the title.” Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ).

1937On March 25th the sheriff sold the car, and I bought it in at public outcry, and that was how I came [into] possession of the car.” This telegram was dated March 21, 1935, and was introduced in evidence. '“The failure to file a claim to property which has been levied on will not estop the true owner from, asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency to mislead the purchaser as to the owner’s relation to the property and the title.” Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ).

41927–1937
Thigpen v. Hall neutral
gactapp · 1933
2 sentences

1972Thigpen v. Hall, 46 Ga. App. 356 ( 167 SE 728 ); St.

1972Thigpen v. Hall, 46 Ga. App. 356 ( 167 SE 728 ); St.

21970–1972
Seaboard Air-Line Railway Co. v. Holliday green
ga · 1927
2 sentences

1935Co. v. Holliday, 165 Ga. 200 ( 140 S. E. 507 ).

1935Co. v. Holliday, 165 Ga. 200 ( 140 S. E. 507 ).

11935–1935
Peyton v. Stephens green
ga · 1908
2 sentences

1934He was the actor, sworn and bonded, authorized to take counsel and charge the estate for it; and we can see no reason for excusing him from the performance of his duty because Mrs. Davis, who was not bound to set him right, stood by and, in her own ignorance, permitted him to go wrong.” In Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), it was said: “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency t

1934He was the actor, sworn and bonded, authorized to take counsel and charge the estate for it; and we can see no reason for excusing him from the performance of his duty because Mrs. Davis, who was not bound to set him right, stood by and, in her own ignorance, permitted him to go wrong.” In Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), it was said: “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency t

11934–1934
Hartz v. Hartz neutral
ga · 1915
2 sentences

1934He was the actor, sworn and bonded, authorized to take counsel and charge the estate for it; and we can see no reason for excusing him from the performance of his duty because Mrs. Davis, who was not bound to set him right, stood by and, in her own ignorance, permitted him to go wrong.” In Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), it was said: “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency t

1934He was the actor, sworn and bonded, authorized to take counsel and charge the estate for it; and we can see no reason for excusing him from the performance of his duty because Mrs. Davis, who was not bound to set him right, stood by and, in her own ignorance, permitted him to go wrong.” In Lawless v. Orr, 122 Ga. 276 ( 50 S. E. 85 ), it was said: “The failure to file a claim to property which has been levied on will not estop the true owner from asserting his title by an action of trover against the purchaser at the sale under the execution, such owner having done nothing that had a tendency t

11934–1934
McLennan v. Graham green
ga · 1898
1 sentence

1905McLennan v. Graham, 106 Ga. 211 , and cases cited on page 214.

11905–1905

Where else courts name it

CA 30 (1927–2023) NY 27 (1903–2013) IL 16 (1887–2022) PA 11 (1923–2021) FL 9 (1931–2022) IA 8 (1874–1996) WA 8 (1915–2007) GA 8 (1905–1972) WY 6 (1928–1998) TX 6 (1938–1975) MA 6 (1916–2000) AL 6 (1859–1959) LA 5 (1973–2007) ND 4 (1960–2001) MI 3 (1924–2019) OK 3 (2001–2013) WI 3 (1941–1969) NC 3 (1936–1948) MD 3 (1946–2008) CO 2 (2017–2022) MS 2 (2021–2022) NM 2 (1963–2013) KS 2 (1933–2019) IN 2 (1980–1995) NH 2 (2014–2016) NE 2 (1985–1989) ID 2 (1925–2014) CT 2 (2007–2010)

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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