car claim (Georgia) · Go Syfert
← Georgia issues

car claim in Georgia

5 Georgia opinions name it 1 courts 1965–2011 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
Daras v. Stategreen
gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 1992–1992
1 sentence

1992See Daras, supra at 514 (2).

11
Brown v. Stategreen
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1985–1985
2 sentences

1985See generally Brown v. State, 167 Ga. App. 851 (1) ( 307 SE2d 737 ) (1983); Norrell v. State, 116 Ga. App. 479 (2) ( 157 SE2d 784 ) (1967).

1985See generally Brown v. State, 167 Ga. App. 851 (1) ( 307 SE2d 737 ) (1983); Norrell v. State, 116 Ga. App. 479 (2) ( 157 SE2d 784 ) (1967).

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 (8)

CaseCitedYears
Coleman v. Daimlerchrysler Services of North America, LLC green
gactapp · 2005
1 sentence

2011Coleman, 276 Ga. App. at 338 . 6 For example, Aniebue questions why JCC is attempting to charge him over $3,000 in service charges when the lease reflects that the car was under a standard manufacturer’s warranty and the car’s odometer reflected only 12,981 miles at the time of resale.

12011–2011
Hogan v. Atkins green
ga · 1968
2 sentences

1994Secondly, neither Hogan v. Atkins, 224 Ga. 358 ( 162 SE2d 395 ), nor Croker, supra, expressly address the legal issue here before us.

1994Secondly, neither Hogan v. Atkins, 224 Ga. 358 ( 162 SE2d 395 ), nor Croker, supra, expressly address the legal issue here before us.

11994–1994
Jackson v. Virginia red
scotus · 1979
1 sentence

1992This evidence also authorized the jury to find appellant guilty of theft by receiving the car under the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

11992–1992
Norrell v. State green
gactapp · 1967
2 sentences

1985See generally Brown v. State, 167 Ga. App. 851 (1) ( 307 SE2d 737 ) (1983); Norrell v. State, 116 Ga. App. 479 (2) ( 157 SE2d 784 ) (1967).

1985See generally Brown v. State, 167 Ga. App. 851 (1) ( 307 SE2d 737 ) (1983); Norrell v. State, 116 Ga. App. 479 (2) ( 157 SE2d 784 ) (1967).

11985–1985
Lee v. State green
ga · 1897
2 sentences

1965“To take another’s property under a bona fide claim of right is a trespass; but it is not larceny, however unfounded the claim may be in law.” Lee v. State, 102 Ga. 221, 224 , supra. “Even though the claim of the taker is unfounded, he is not guilty of larceny due to the lack of felonious intent.” South Carolina Ins.

1965"To take another's property under a bona fide claim of right is a trespass; but it is not larceny, however unfounded the claim may be in law." Lee v. State, 102 Ga. 221, 224 , supra. "Even though the claim of the taker is unfounded, he is not guilty of larceny due to the lack of felonious intent." South Carolina Ins.

11965–1965
Capital Automobile Co. v. Ward green
gactapp · 1936
2 sentences

1965But even if the attorney was mistaken in his advice that title and ownership remained in Don McCullagh Leasing and it should appear that title in fact passed to Wright when Hill sold *10 the car at the auction, under Capital Automobile Co. v. Ward, 54 Ga. App. 873 ( 189 SE 713 ), Gouldman-Taber Pontiac, Inc. v. Thomas, 96 Ga. App. 279 ( 99 SE2d 711 ), and Cook Motor Co. v. Richardson, 103 Ga. App. 129 ( 118 SE2d 502 ), the element of intent to steal, or animus furandi, is nevertheless absent, for Kellar took the car under a claim of right.

1965But even if the attorney was mistaken in his advice that title and ownership remained in Don McCullagh Leasing and it should appear that title in fact passed to Wright when Hill sold *10 the car at the auction, under Capital Automobile Co. v. Ward, 54 Ga. App. 873 ( 189 SE 713 ), Gouldman-Taber Pontiac, Inc. v. Thomas, 96 Ga. App. 279 ( 99 SE2d 711 ), and Cook Motor Co. v. Richardson, 103 Ga. App. 129 ( 118 SE2d 502 ), the element of intent to steal, or animus furandi, is nevertheless absent, for Kellar took the car under a claim of right.

11965–1965
Cook Motor Co. of Panama City, Inc. v. Richardson green
gactapp · 1961
2 sentences

1965But even if the attorney was mistaken in his advice that title and ownership remained in Don McCullagh Leasing and it should appear that title in fact passed to Wright when Hill sold *10 the car at the auction, under Capital Automobile Co. v. Ward, 54 Ga. App. 873 ( 189 SE 713 ), Gouldman-Taber Pontiac, Inc. v. Thomas, 96 Ga. App. 279 ( 99 SE2d 711 ), and Cook Motor Co. v. Richardson, 103 Ga. App. 129 ( 118 SE2d 502 ), the element of intent to steal, or animus furandi, is nevertheless absent, for Kellar took the car under a claim of right.

1965But even if the attorney was mistaken in his advice that title and ownership remained in Don McCullagh Leasing and it should appear that title in fact passed to Wright when Hill sold *10 the car at the auction, under Capital Automobile Co. v. Ward, 54 Ga. App. 873 ( 189 SE 713 ), Gouldman-Taber Pontiac, Inc. v. Thomas, 96 Ga. App. 279 ( 99 SE2d 711 ), and Cook Motor Co. v. Richardson, 103 Ga. App. 129 ( 118 SE2d 502 ), the element of intent to steal, or animus furandi, is nevertheless absent, for Kellar took the car under a claim of right.

11965–1965
Gouldman-Taber Pontiac, Inc. v. Thomas neutral
gactapp · 1957
2 sentences

1965But even if the attorney was mistaken in his advice that title and ownership remained in Don McCullagh Leasing and it should appear that title in fact passed to Wright when Hill sold *10 the car at the auction, under Capital Automobile Co. v. Ward, 54 Ga. App. 873 ( 189 SE 713 ), Gouldman-Taber Pontiac, Inc. v. Thomas, 96 Ga. App. 279 ( 99 SE2d 711 ), and Cook Motor Co. v. Richardson, 103 Ga. App. 129 ( 118 SE2d 502 ), the element of intent to steal, or animus furandi, is nevertheless absent, for Kellar took the car under a claim of right.

1965But even if the attorney was mistaken in his advice that title and ownership remained in Don McCullagh Leasing and it should appear that title in fact passed to Wright when Hill sold *10 the car at the auction, under Capital Automobile Co. v. Ward, 54 Ga. App. 873 ( 189 SE 713 ), Gouldman-Taber Pontiac, Inc. v. Thomas, 96 Ga. App. 279 ( 99 SE2d 711 ), and Cook Motor Co. v. Richardson, 103 Ga. App. 129 ( 118 SE2d 502 ), the element of intent to steal, or animus furandi, is nevertheless absent, for Kellar took the car under a claim of right.

11965–1965

Where else courts name it

NY 15 (1909–2024) CA 12 (1935–2022) PA 11 (1892–2025) OH 7 (1935–2010) TX 7 (1922–2016) WA 7 (1971–2008) IL 7 (1923–2021) MO 6 (1931–2019) GA 5 (1965–2011) NC 4 (1924–1988) MS 3 (2001–2023) IN 3 (1973–2013) FL 3 (1984–2005) AR 3 (1913–2001) WI 3 (1924–2019) MI 2 (1948–2019) AZ 2 (2015–2016) VT 2 (1995–2005) KS 2 (1951–1992) MA 2 (1913–2003) TN 2 (1981–1997) NJ 2 (1968–1988) VA 2 (2005–2008) SD 2 (2001–2010) MN 2 (1908–1962) DE 2 (1991–1991) MD 2 (1958–1971) OR 2 (1996–2015) MT 2 (1959–2000)

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.

← Caselaw search · G Cite Topics · Brief Check