7 Georgia opinions name it 2 courts 1938–1996 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 |
|---|---|---|
Prince v. Friedmangreen2 sentences1996Reformation of the decree in this regard was error given the sharp dispute between the parties over the basis for Douglas’ removal of the furniture from the home. 1 See Park v. Park, supra at 38 (reformation not proper where factual disputes exist); see generally Prince v. Friedman, 202 Ga. 136 (1) ( 42 SE2d 434 ) (1947). 1996Reformation of the decree in this regard was error given the sharp dispute between the parties over the basis for Douglas’ removal of the furniture from the home. 1 See Park v. Park, supra at 38 (reformation not proper where factual disputes exist); see generally Prince v. Friedman, 202 Ga. 136 (1) ( 42 SE2d 434 ) (1947). | 1 | 1 |
MILLER GRADING &C. v. Ga. Fed. &C. Assn.green2 sentences1990Assn., 247 Ga. 730, 734 ( 279 SE2d 442 ) (1981), in this regard and rule based upon the entire record. 1990Assn., 247 Ga. 730, 734 ( 279 SE2d 442 ) (1981), in this regard and rule based upon the entire record. | 1 | 1 |
Orkin Exterminating Co. v. Walkergreen2 sentences1986This court has held that since covenants against competition contained in employment contracts are in partial restraint of trade, they will be upheld “only if they are strictly limited in time and territorial effect, and are otherwise reasonable considering the business interest of the employer sought to be protected and the effect on the employee.” Orkin Exterminating Co. v. Walker, 251 Ga. 536, 537 ( 307 SE2d 914 ) (1983). (a) Creel conceded below that the three-year period of noncom-petition contained in the employment agreement is not unreasonable, and this issue is not before us. (b) “ ‘I 1986This court has held that since covenants against competition contained in employment contracts are in partial restraint of trade, they will be upheld “only if they are strictly limited in time and territorial effect, and are otherwise reasonable considering the business interest of the employer sought to be protected and the effect on the employee.” Orkin Exterminating Co. v. Walker, 251 Ga. 536, 537 ( 307 SE2d 914 ) (1983). (a) Creel conceded below that the three-year period of noncom-petition contained in the employment agreement is not unreasonable, and this issue is not before us. (b) “ ‘I | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Conyers v. State
green
2 sentences1974"Since it is a fundamental principle that 'In criminal cases, the law requires that the state shall prove all the essential facts entering into the description of a crime’ (Conyers v. State, 50 Ga. 103, 105 ), we assume that what the defendant has reference to in this regard is the principle that in certain types of offenses, where proof of the offense involves proof of a negative, and where the state has proven all of the other elements of the offense by positive evidence and has shown by evidence of circumstances consistent therewith that the negative is in truth the fact, and especially whe 1968Since it is a fundamental principle that “In criminal cases, the law requires that the State shall prove all the essential facts entering into the description of a crime” (Conyers v. State, 50 Ga. 103, 105 ), we assume that what the defendant has reference to in this regard is the principle that in certain types of offenses, where proof of the offense involves proof of a negative, and where the State has proven all of the other elements of the offense by positive evidence and has shown by evidence of circumstances consistent therewith that the negative is in truth the fact, and especially wher | 2 | 1968–1974 |
Chastain v. State
green
2 sentences1973In this appeal from the judgment of conviction and sentence for violation of the Uniform Narcotic Drug Act, the issue raised as to the sole error contended to have been made upon the trial — the trial judge’s allowing a co-defendant, who was under indictment at the time for an offense arising out of the same transaction and who was to be subsequently and separately tried, to make a preliminary refusal to testify at all for the defense on the ground of self-incrimination — was rendered moot by the defendant’s counsel’s acceding to the judge’s ruling by stating in open court, "If he don’t [sic] 1973In this appeal from the judgment of conviction and sentence for violation of the Uniform Narcotic Drug Act, the issue raised as to the sole error contended to have been made upon the trial — the trial judge’s allowing a co-defendant, who was under indictment at the time for an offense arising out of the same transaction and who was to be subsequently and separately tried, to make a preliminary refusal to testify at all for the defense on the ground of self-incrimination — was rendered moot by the defendant’s counsel’s acceding to the judge’s ruling by stating in open court, "If he don’t [sic] | 1 | 1973–1973 |
Blocker v. State
green
2 sentences1968See: Conyers v. State, supra; Blocker v. State, 12 Ga. App. 81 ( 76 SE 784 ); and McHenry v. State, 58 Ga. App. 410 ( 198 SE 818 ). 1968See: Conyers v. State, supra; Blocker v. State, 12 Ga. App. 81 ( 76 SE 784 ); and McHenry v. State, 58 Ga. App. 410 ( 198 SE 818 ). | 1 | 1968–1968 |
McHenry v. State
neutral
2 sentences1968See: Conyers v. State, supra; Blocker v. State, 12 Ga. App. 81 ( 76 SE 784 ); and McHenry v. State, 58 Ga. App. 410 ( 198 SE 818 ). 1968See: Conyers v. State, supra; Blocker v. State, 12 Ga. App. 81 ( 76 SE 784 ); and McHenry v. State, 58 Ga. App. 410 ( 198 SE 818 ). | 1 | 1968–1968 |
McNabb v. Houser
green
2 sentences1938On the contrary, the contention in this regard is in principle directly contrary to what was held in McNabb v. Houser, 171 Ga. 744 ( 156 S. E. 595 , 74 A. L. 1938On the contrary, the contention in this regard is in principle directly contrary to what was held in McNabb v. Houser, 171 Ga. 744 ( 156 S. E. 595 , 74 A. L. | 1 | 1938–1938 |
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.