7 Georgia opinions name it 2 courts 1882–2003 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.
| Case | Followed | Cited |
|---|---|---|
Williams v. Runiongreen2 sentences1994OCGA § 51-12-14 (a) provides that "[w]here a claimant has given written notice by registered or certified mail to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded." This statute serves as "a coercive tool to offset injury and financia 1994OCGA § 51-12-14 (a) provides that "[w]here a claimant has given written notice by registered or certified mail to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded." This statute serves as "a coercive tool to offset injury and financia | 2 | 2 |
Heard v. Neighbor Newspapers, Inc.green2 sentences1992See generally Heard v. Neighbor Newspapers, 259 Ga. 458, 459 (5) (b) ( 383 SE2d 553 ) (1989). 1992See generally Heard v. Neighbor Newspapers, 259 Ga. 458, 459 (5) (b) ( 383 SE2d 553 ) (1989). | 1 | 1 |
Regency Nissan, Inc. v. Taylorgreen2 sentences1992“When a statute is found to be plain and susceptible of but one natural and reasonable construction, an appellate court has no authority to place a different construction upon it, but must construe it according to its terms. [Cit.] We find that [OCGA § 51-12-14 (a)] speaks concisely in establishing the requirements for [written notice to be given to “a person against whom claim is made”]; it is so plain and unambiguous that judicial construction is both unnecessary and unauthorized, and the legislature’s clear intent that the [written notice] be [given to a person against whom claim is made] w 1992“When a statute is found to be plain and susceptible of but one natural and reasonable construction, an appellate court has no authority to place a different construction upon it, but must construe it according to its terms. [Cit.] We find that [OCGA § 51-12-14 (a)] speaks concisely in establishing the requirements for [written notice to be given to “a person against whom claim is made”]; it is so plain and unambiguous that judicial construction is both unnecessary and unauthorized, and the legislature’s clear intent that the [written notice] be [given to a person against whom claim is made] w | 1 | 1 |
Barbush v. Oilergreen2 sentences1992The version of OCGA § 51-12-14 (a) in effect at the time of the events below provided that “[w]here a claimant has given written notice by registered or certified mail to a person against whom claim is made for unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing of the notice, the claimant shall be entitled to receive interest on the claimed sum if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum claimed.” (Emphasis supplied.) These provisions of OCGA 1992The version of OCGA § 51-12-14 (a) in effect at the time of the events below provided that “[w]here a claimant has given written notice by registered or certified mail to a person against whom claim is made for unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing of the notice, the claimant shall be entitled to receive interest on the claimed sum if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum claimed.” (Emphasis supplied.) These provisions of OCGA | 1 | 1 |
Stevens v. Stembridgegreen2 sentences1958In the plea and from the evidence introduced, it appears that the plaintiff had previously filed suit in the Civil Court of DeKalb County against the defendant on an alleged open account and had attached thereto a statement for architectural service as per agreement of August 8, 1954, for the use of plan No. 801 at Briarcliff and Emory Roads, $80 paid, and for the use of plan No. 801 at 880 Wellesley, Atlanta (Fulton County), and for the erection of four houses on Rosemont, Atlanta (DeKalb County)-, at $65 each, total amount due, $325. “ ‘To make a matter res adjudicata, there must be a concur 1958In the plea and from the evidence introduced, it appears that the plaintiff had previously filed suit in the Civil Court of DeKalb County against the defendant on an alleged open account and had attached thereto a statement for architectural service as per agreement of August 8, 1954, for the use of plan No. 801 at Briarcliff and Emory Roads, $80 paid, and for the use of plan No. 801 at 880 Wellesley, Atlanta (Fulton County), and for the erection of four houses on Rosemont, Atlanta (DeKalb County)-, at $65 each, total amount due, $325. “ ‘To make a matter res adjudicata, there must be a concur | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State ex rel. Collens v. Jumel
neutral
2 sentences1898Section 5348 of the Civil Code provides that “A judgment of a court of competent jurisdiction is conclusive between parties and privies as to the facts which it decides, until reversed or set aside.” Section 3741 declares that “ An adjudication of the same subject-matter in issue in a former suit between the same parties, by a court of competent jurisdiction, should be an end of litigation.” In his work on Judgments, Mr. Freeman says: “ To make a matter res adjudicata, there must be a concurrence: 1st, of identity of the subject-matter; 2d, of the cause of action; 3d, of persons and parties; 4 1882Mr. Freeman, in his work on judgments, says: “To make a matter res adjudicata there must be a concurrence: ist, of identity of the subject-matter; 2d, of the cause of action; 3d, of persons and parties; 4th, in the' quality of the person against whom the claim is made.” Freeman on Judgments, §252; 3 Kansas, 397; 30 La., 861 ; 2 Bouv. | 2 | 1882–1898 |
Resnik v. Pittman
green
2 sentences2003Resnik v. Pittman, 203 Ga. App. 835 ( 418 SE2d 116 ) (1992). 2003Resnik v. Pittman, 203 Ga. App. 835 ( 418 SE2d 116 ) (1992). | 1 | 2003–2003 |
American Oil Co. v. Studstill
green
1 sentence1974Again the jury would not be required to find an accord and satisfaction merely because the party refused to return the check if there were other factors which lead them to believe that the offer of accord and satisfaction had been rejected. (c) Request to charge numbered 7A reads: "The retention of a check sent in settlement of a claim, and declared to be in settlement of the claim held by the person to whom it was sent, coupled with a failure in a reasonable time to decline the proposition and return the check will raise a conclusive presumption of an acceptance of the terms and conditions se | 1 | 1974–1974 |
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.
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.