third assignment error (Georgia) · Go Syfert
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third assignment error in Georgia

7 Georgia opinions name it 2 courts 1922–1967 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 (2)

CaseFollowedCited
Massey v. Stategreen
ga · 1966 · cited in 1 Georgia opinions naming this issue, 1967–1967
2 sentences

1967See Massey v. State, 222 Ga. 143, 150 ( 149 SE2d 118 ).

1967See Massey v. State, 222 Ga. 143, 150 ( 149 SE2d 118 ).

11
Birdford Supply Co. v. Edwardsgreen
gactapp · 1915 · cited in 1 Georgia opinions naming this issue, 1949–1949
2 sentences

1949As was said in Birdford Supply Co. v. Edwards, 16 Ga. App. 518, 521 ( 85 S. E. 687 ): “Under this general assignment of error, no error committed by the court, and no question other than as to the sufficiency of the evidence to support the verdict, could be considered, and the only other errors that might be considered were such as were specifically assigned.” Where there is any evidence to sustain- the trial court’s judgment the case will not be reversed by a reviewing court on certiorari.

1949As was said in Birdford Supply Co. v. Edwards, 16 Ga. App. 518, 521 ( 85 S. E. 687 ): “Under this general assignment of error, no error committed by the court, and no question other than as to the sufficiency of the evidence to support the verdict, could be considered, and the only other errors that might be considered were such as were specifically assigned.” Where there is any evidence to sustain- the trial court’s judgment the case will not be reversed by a reviewing court on certiorari.

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 (7)

CaseCitedYears
Bryant v. State green
ga · 1941
2 sentences

1967It is insisted that under Georgia law questions of voluntariness of a confession have been held to be issues for determination by a jury, citing Claybourn v. State, 190 Ga. 861 ( 11 SE2d 23 ), and Bryant v. State, 191 Ga. 686 ( 13 SE2d 820 ).

1967It is insisted that under Georgia law questions of voluntariness of a confession have been held to be issues for determination by a jury, citing Claybourn v. State, 190 Ga. 861 ( 11 SE2d 23 ), and Bryant v. State, 191 Ga. 686 ( 13 SE2d 820 ).

11967–1967
Claybourn v. State green
ga · 1940
2 sentences

1967It is insisted that under Georgia law questions of voluntariness of a confession have been held to be issues for determination by a jury, citing Claybourn v. State, 190 Ga. 861 ( 11 SE2d 23 ), and Bryant v. State, 191 Ga. 686 ( 13 SE2d 820 ).

1967It is insisted that under Georgia law questions of voluntariness of a confession have been held to be issues for determination by a jury, citing Claybourn v. State, 190 Ga. 861 ( 11 SE2d 23 ), and Bryant v. State, 191 Ga. 686 ( 13 SE2d 820 ).

11967–1967
Tree v. City of Atlanta neutral
ga · 1916
2 sentences

1960The third assignment of error complains that the trial court erred in sustaining the plaintiff’s oral motion to dismiss the defendant’s “special plea of res judicata and/or estoppel by judgment as amended.” Neither the writ of error nor the record discloses the ground, or grounds, upon which the oral motion to dismiss was based, and under the full-bench decision of the Supreme Court in Tree v. City of Atlanta, 144 Ga. 757 (1) ( 87 S. E. 1021 ), no question for decision is presented to this court by such assignment of error. 4.

1960The third assignment of error complains that the trial court erred in sustaining the plaintiff’s oral motion to dismiss the defendant’s “special plea of res judicata and/or estoppel by judgment as amended.” Neither the writ of error nor the record discloses the ground, or grounds, upon which the oral motion to dismiss was based, and under the full-bench decision of the Supreme Court in Tree v. City of Atlanta, 144 Ga. 757 (1) ( 87 S. E. 1021 ), no question for decision is presented to this court by such assignment of error. 4.

11960–1960
King v. Walsh neutral
gactapp · 1934
2 sentences

1959King v. Walsh, 48 Ga. App. 741 (1) ( 173 S. E. 435 ). 3.

1959King v. Walsh, 48 Ga. App. 741 (1) ( 173 S. E. 435 ). 3.

11959–1959
Hays v. Azbill neutral
okla · 1919
1 sentence

1939In Frear v. Caldwell, 76 Okla. 313 ( 184 Pac. 771, 773-3 ), it was said: “The third assignment of error is that the court erred in setting aside the findings of fact made by the referee, and made findings of its own, upon which he rendered judgment.

11939–1939
Frear v. State Ex Rel. Caldwell neutral
okla · 1919
1 sentence

1939In Frear v. Caldwell, 76 Okla. 313 ( 184 Pac. 771, 773-3 ), it was said: “The third assignment of error is that the court erred in setting aside the findings of fact made by the referee, and made findings of its own, upon which he rendered judgment.

11939–1939
Love v. Love green
ga · 1916
1 sentence

1922Love v. Love, 146 Ga. 161 , 162 ( 91 S. E. 27 ), and authorities cited.

11922–1922

Where else courts name it

OH 1104 (1942–2026) OR 54 (1946–2026) OK 52 (1897–1988) LA 43 (1928–2022) PA 37 (1894–1975) TX 37 (1868–2015) VA 32 (1876–2022) TN 22 (1923–1978) NE 19 (1895–2002) WV 18 (1902–2025) WA 16 (1906–2014) AL 15 (1904–1974) AZ 15 (1900–1976) NC 13 (1935–2005) MS 12 (1953–2000) FL 10 (1888–1959) IN 9 (1878–1927) MO 8 (1910–1991) CA 8 (1905–2024) GA 7 (1922–1967) ID 6 (1885–1975) KS 5 (1882–1972) MA 4 (1928–1979) MT 4 (1976–2019) CT 4 (1962–1980) PR 3 (1922–1956) MI 3 (1899–1933) DC 3 (1943–1995) SC 3 (1907–1930) CO 2 (1971–1972) NJ 2 (1907–1907) MN 2 (1893–1945) WI 2 (1878–1926) MD 2 (1962–1963)

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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