terms rule (Georgia) · Go Syfert
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terms rule in Georgia

7 Georgia opinions name it 2 courts 1907–2007 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 (1)

CaseFollowedCited
Smith v. Byessgreen
gactapp · 1972 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007See Smith v. Byess, 127 Ga. App. 39, 40 (1) ( 192 SE2d 552 ) (1972).

2007See Smith v. Byess, 127 Ga. App. 39, 40 (1) ( 192 SE2d 552 ) (1972).

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 (11)

CaseCitedYears
Modern Woodmen of America v. Michelin green
okla · 1924
2 sentences

1937Under proper instructions, the sufficiency of the search and inquiry is one for the jury, upon consideration of the evidence” (Modern Woodmen of America v. Michelin, 101 Okla. 217 , 225 Pac. 163 , 36 A. L.

1937Under proper instructions, the sufficiency of the search and inquiry is one for the jury, upon consideration of the evidence” (Modern Woodmen of America v. Michelin, 101 Okla. 217 , 225 Pac. 163 , 36 A. L.

11937–1937
Langdale v. Citizens Bank green
ga · 1904
2 sentences

1932Under the terms of such a rule, where a pass-book is presented by a person other than the depositor to whom it belongs, together with a forged check bearing a signature similar to that of the depositor, and there is nothing to arouse the suspicion of the teller or put him on inquiry, as a reasonably prudent man, as to the genuineness of the check, and the bank in good faith pays the check, believing the person presenting it to be the depositor, it is not liable in a suit by the depositor to recover the money so paid.” Langdale v. Citizens Bank, 121 Ga. 105 ( 48 S. E. 708 , 69 L.

1932Under the terms of such a rule, where a pass-book is presented by a person other than the depositor to whom it belongs, together with a forged check bearing a signature similar to that of the depositor, and there is nothing to arouse the suspicion of the teller or put him on inquiry, as a reasonably prudent man, as to the genuineness of the check, and the bank in good faith pays the check, believing the person presenting it to be the depositor, it is not liable in a suit by the depositor to recover the money so paid.” Langdale v. Citizens Bank, 121 Ga. 105 ( 48 S. E. 708 , 69 L.

11932–1932
Boyd v. Crews yellow
gactapp · 1924
1 sentence

1929Where property was levied upon by virtue of a distress warrant, and was claimed by a third person from whom the sheriff accepted the usual damage and claim bonds, and to whom he delivered the property, the sheriff could not afterwards discharge or waive any of the terms of the claim bond “so as to affect the interest therein of the plaintiff in fi. fa., without his consent.” Boyd v. Crews, 32 Ga. App. 138 (5) ( 122 S. E. 802 ), Farmers & Merchants Bank v. Cochran, 37 Ga. App. 794 (1) ( 141 S. E. 919 ).

11929–1929
Chambers v. Harlan Fuel Co. green
gactapp · 1924
1 sentence

1929Where property was levied upon by virtue of a distress warrant, and was claimed by a third person from whom the sheriff accepted the usual damage and claim bonds, and to whom he delivered the property, the sheriff could not afterwards discharge or waive any of the terms of the claim bond “so as to affect the interest therein of the plaintiff in fi. fa., without his consent.” Boyd v. Crews, 32 Ga. App. 138 (5) ( 122 S. E. 802 ), Farmers & Merchants Bank v. Cochran, 37 Ga. App. 794 (1) ( 141 S. E. 919 ).

11929–1929
Farmers & Merchants Bank v. Cochran neutral
gactapp · 1928
2 sentences

1929Where property was levied upon by virtue of a distress warrant, and was claimed by a third person from whom the sheriff accepted the usual damage and claim bonds, and to whom he delivered the property, the sheriff could not afterwards discharge or waive any of the terms of the claim bond “so as to affect the interest therein of the plaintiff in fi. fa., without his consent.” Boyd v. Crews, 32 Ga. App. 138 (5) ( 122 S. E. 802 ), Farmers & Merchants Bank v. Cochran, 37 Ga. App. 794 (1) ( 141 S. E. 919 ).

1929Where property was levied upon by virtue of a distress warrant, and was claimed by a third person from whom the sheriff accepted the usual damage and claim bonds, and to whom he delivered the property, the sheriff could not afterwards discharge or waive any of the terms of the claim bond “so as to affect the interest therein of the plaintiff in fi. fa., without his consent.” Boyd v. Crews, 32 Ga. App. 138 (5) ( 122 S. E. 802 ), Farmers & Merchants Bank v. Cochran, 37 Ga. App. 794 (1) ( 141 S. E. 919 ).

11929–1929
McAfee v. Arline green
ga · 1889
2 sentences

1927“The terms exception and reserva tion are often used in deeds indiscriminately, and sometimes- what purports to be a reservation has the force of an exception.” McAfee v. Arline, 83 Ga. 645 ( 10 S. E. 441 ).

1927“The terms exception and reserva tion are often used in deeds indiscriminately, and sometimes- what purports to be a reservation has the force of an exception.” McAfee v. Arline, 83 Ga. 645 ( 10 S. E. 441 ).

11927–1927
Neal v. Moultrie green
ga · 1852
1 sentence

1909From the terms of this rule, I say, then, that it is difficult, if not impossible, to come to any other conclusion than that it is a remedial provision, designed to protect any creditor against loss by reason of an excess of debts.” In Banks v. Darden, 18 Ga. 318 , 341 where the liability of the directors and stockholders of a bank with a charter similar to that involved in 12 Ga. 104 , was up for adjudication, Judge Lumpkin delivering the opinion said: “that the individual liability of the directors and of the stockholders, under the charter, is *not strictly a contract, although, from conven

11909–1909
Banks v. Darden green
· 1855
1 sentence

1909From the terms of this rule, I say, then, that it is difficult, if not impossible, to come to any other conclusion than that it is a remedial provision, designed to protect any creditor against loss by reason of an excess of debts.” In Banks v. Darden, 18 Ga. 318 , 341 where the liability of the directors and stockholders of a bank with a charter similar to that involved in 12 Ga. 104 , was up for adjudication, Judge Lumpkin delivering the opinion said: “that the individual liability of the directors and of the stockholders, under the charter, is *not strictly a contract, although, from conven

11909–1909
Scott, Bondurant & Adams v. Patrick neutral
ga · 1871
1 sentence

1907New v. LeHardy, 46 Ga. 616 ; Scott v. Patrick, 44 Ga. 188 ; Asher v. Cape, 95 Ga. 31 .

11907–1907
New v. LeHardy neutral
ga · 1872
1 sentence

1907New v. LeHardy, 46 Ga. 616 ; Scott v. Patrick, 44 Ga. 188 ; Asher v. Cape, 95 Ga. 31 .

11907–1907
Asher v. Cape green
ga · 1894
1 sentence

1907New v. LeHardy, 46 Ga. 616 ; Scott v. Patrick, 44 Ga. 188 ; Asher v. Cape, 95 Ga. 31 .

11907–1907

Where else courts name it

TX 107 (1890–2025) CA 78 (1863–2026) PA 76 (1891–2025) IL 60 (1883–2026) NY 54 (1851–2026) NJ 36 (1903–2026) FL 23 (1957–2026) OR 22 (1923–2022) MA 20 (1921–2025) MO 19 (1887–2012) WI 19 (1950–2024) TN 19 (1985–2025) AL 17 (1867–2013) OH 17 (1871–2025) IA 15 (1915–2025) CO 14 (1899–2009) WA 14 (1925–2017) UT 14 (1997–2024) MD 13 (1871–2023) CT 13 (1921–2024) LA 13 (1929–2026) NC 13 (1892–2019) NE 11 (1927–2014) AZ 11 (1917–2020) MI 10 (1896–2024) KY 9 (1935–2024) VA 8 (1900–2023) SC 7 (1935–2025) MN 7 (1878–2024) GA 7 (1907–2007) NV 7 (1909–2013) IN 7 (1892–1999) HI 7 (1915–2024) SD 6 (1934–2016) ID 6 (1989–2017) DC 6 (1987–2024) WV 5 (1911–2016) VT 5 (1856–1925) NM 5 (1963–2014) MS 5 (1994–2014) AK 5 (1981–2021) RI 5 (1981–2006) ME 5 (1943–2002) KS 5 (1911–1994) ND 4 (1901–2005) AR 3 (1978–1994) OK 3 (1913–1960) MT 3 (1922–1944) WY 3 (1927–2023) DE 3 (1971–2024) NH 2 (1860–2025)

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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