oft-repeated rule in Georgia

1976Code Ann. § 55-301 provides that, "When any fund or property may be in litigation, and rights of either or both parties cannot otherwise be fully protected, or when there may be a fund or property having no one to manage it, a receiver of the same may be appointed [on a proper case] made ...” "Notwithstanding the oft-repeated rule that the power of appointing receivers should be prudently and cautiously exercised, and, except in clear and urgent cases, should not be resorted to, the power still remains in a court of equity in a proper case, and the discretion of the *875 court will not be dist

1976Code Ann. § 55-301 provides that, "When any fund or property may be in litigation, and rights of either or both parties cannot otherwise be fully protected, or when there may be a fund or property having no one to manage it, a receiver of the same may be appointed [on a proper case] made ...” "Notwithstanding the oft-repeated rule that the power of appointing receivers should be prudently and cautiously exercised, and, except in clear and urgent cases, should not be resorted to, the power still remains in a court of equity in a proper case, and the discretion of the *875 court will not be dist

1976See also McGarrah v. Bank of Southwestern Ga. 117 Ga. 556 ( 43 SE 987 ) (1903); Saliba v. Saliba, 201 Ga. 681 (2) ( 40 SE2d 732 ) (1946).

1936That discretion of the court is recognized in McGarragh v. Bank, 117 Ga. 556, 558 ( 43 S. E. 987 ), where the appointment of a receiver even without a specific prayer was upheld by this court: “One of the assignments of error was that the judge had no authority to appoint a receiver in the absence of a prayer therefor by one of the parties.

1976See also McGarrah v. Bank of Southwestern Ga. 117 Ga. 556 ( 43 SE 987 ) (1903); Saliba v. Saliba, 201 Ga. 681 (2) ( 40 SE2d 732 ) (1946).

1936That discretion of the court is recognized in McGarragh v. Bank, 117 Ga. 556, 558 ( 43 S. E. 987 ), where the appointment of a receiver even without a specific prayer was upheld by this court: “One of the assignments of error was that the judge had no authority to appoint a receiver in the absence of a prayer therefor by one of the parties.

2023He acknowledged that he had some responsibility, while under oath, to tell the court he had previously been convicted of a felony, but testified, “Isn’t that y’all’s job to look up my background?” 28 now complains the trial court should have prevented the State from asking about, Whipkey “has waived his right to appeal this issue, [and] we note the oft-repeated rule in Georgia that a party can not during the trial ignore what he thinks to be an injustice, take his chance on a favorable verdict, and complain later.” (Citation and punctuation omitted.) Anthony v. State, 236 Ga. App. 257, 258 (1)

2023He acknowledged that he had some responsibility, while under oath, to tell the court he had previously been convicted of a felony, but testified, “Isn’t that y’all’s job to look up my background?” 28 now complains the trial court should have prevented the State from asking about, Whipkey “has waived his right to appeal this issue, [and] we note the oft-repeated rule in Georgia that a party can not during the trial ignore what he thinks to be an injustice, take his chance on a favorable verdict, and complain later.” (Citation and punctuation omitted.) Anthony v. State, 236 Ga. App. 257, 258 (1)

1999Thus, in concluding that Anthony has waived his right to appeal this issue, we note the oft-repeated rule in Georgia that “a party can not during the trial ignore what he thinks to be an injustice, take his chance on a favorable verdict, and complain later.” (Punctuation omitted.) Noble v. State, 220 Ga. App. 155, 158 (2) ( 469 SE2d 307 ) (1996).

1999Thus, in concluding that Anthony has waived his right to appeal this issue, we note the oft-repeated rule in Georgia that “a party can not during the trial ignore what he thinks to be an injustice, take his chance on a favorable verdict, and complain later.” (Punctuation omitted.) Noble v. State, 220 Ga. App. 155, 158 (2) ( 469 SE2d 307 ) (1996).

1960Notwithstanding the oft-repeated rule that the power of appointing receivers should be prudently and cautiously exercised, and, except in clear and urgent cases, should not be resorted to, the power still remains in a court of equity in a proper case, and the discretion of the court will not be disturbed unless manifestly abused.’’ See also Waycross Military Ass’n v. Hiers, 209 Ga. 812, 814 (4) ( 76 S. E. 2d 486 ).

1960Notwithstanding the oft-repeated rule that the power of appointing receivers should be prudently and cautiously exercised, and, except in clear and urgent cases, should not be resorted to, the power still remains in a court of equity in a proper case, and the discretion of the court will not be disturbed unless manifestly abused.’’ See also Waycross Military Ass’n v. Hiers, 209 Ga. 812, 814 (4) ( 76 S. E. 2d 486 ).

1923Early v. State, 14 Ga. App. 467 (5) ( 81 S. E. 385 ); Betts Co. v. Mims, 14 Ga. App. 786, 788 ( 82 S. E. 474 ); Odum v. Rutledge, 16 Ga. App. 350 (2, 3) ( 85 S. E. 361 ). (b) The charge was correct in regard to a person crossing the defendant’s track on a public road (Holland v. Sparks, 92 Ga. 753 (2), 758, 18 S. E. 990 ), and, while it ivas not limited to a crossing of that character, the decedent was killed at an admitted public crossing; and the assignment that the charge was erroneous because the court did not charge in “ immediate connection therewith that a like duty or burden rested upo

1923Early v. State, 14 Ga. App. 467 (5) ( 81 S. E. 385 ); Betts Co. v. Mims, 14 Ga. App. 786, 788 ( 82 S. E. 474 ); Odum v. Rutledge, 16 Ga. App. 350 (2, 3) ( 85 S. E. 361 ). (b) The charge was correct in regard to a person crossing the defendant’s track on a public road (Holland v. Sparks, 92 Ga. 753 (2), 758, 18 S. E. 990 ), and, while it ivas not limited to a crossing of that character, the decedent was killed at an admitted public crossing; and the assignment that the charge was erroneous because the court did not charge in “ immediate connection therewith that a like duty or burden rested upo