general and well-recognized rule (Georgia) · Go Syfert
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general and well-recognized rule in Georgia

5 Georgia opinions name it 2 courts 1922–1998 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 (3)

CaseFollowedCited
Rivers v. Haileygreen
ga · 1945 · cited in 2 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Even assuming, arguendo, that appellants have a property right in their appointed offices, Fulton v. Baker, 261 Ga. 710, n. 3 ( 410 SE2d 735 ) (1991), [i]t is the general and well-recognized rule that the authority which possesses the power to create an office has, in the absence of some provision of law passed by a higher authority, the implied power to abolish the office it has created. [Cits.] Rivers v. Hailey, 199 Ga. 38, 39 (1) ( 33 SE2d 310 ) (1945).

1998Even assuming, arguendo, that appellants have a property right in their appointed offices, Fulton v. Baker, 261 Ga. 710, n. 3 ( 410 SE2d 735 ) (1991), [i]t is the general and well-recognized rule that the authority which possesses the power to create an office has, in the absence of some provision of law passed by a higher authority, the implied power to abolish the office it has created. [Cits.] Rivers v. Hailey, 199 Ga. 38, 39 (1) ( 33 SE2d 310 ) (1945).

22
Fulton v. Bakergreen
ga · 1991 · cited in 2 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Even assuming, arguendo, that appellants have a property right in their appointed offices, Fulton v. Baker, 261 Ga. 710, n. 3 ( 410 SE2d 735 ) (1991), [i]t is the general and well-recognized rule that the authority which possesses the power to create an office has, in the absence of some provision of law passed by a higher authority, the implied power to abolish the office it has created. [Cits.] Rivers v. Hailey, 199 Ga. 38, 39 (1) ( 33 SE2d 310 ) (1945).

1998Even assuming, arguendo, that appellants have a property right in their appointed offices, Fulton v. Baker, 261 Ga. 710, n. 3 ( 410 SE2d 735 ) (1991), [i]t is the general and well-recognized rule that the authority which possesses the power to create an office has, in the absence of some provision of law passed by a higher authority, the implied power to abolish the office it has created. [Cits.] Rivers v. Hailey, 199 Ga. 38, 39 (1) ( 33 SE2d 310 ) (1945).

12
City Council v. Sweeneygreen
ga · 1871 · cited in 1 Georgia opinions naming this issue, 1945–1945
1 sentence

1945City Council of Augusta v. Sweeney, 44 Ga. 463, 465 (9 Am.

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 (3)

CaseCitedYears
Simon v. City of Atlanta green
ga · 1881
1 sentence

1924Citing Simon v. Atlanta, 67 Ga. 618 (44 Am.

11924–1924
Mosteller v. Davis neutral
gactapp · 1921
1 sentence

1922It is not made to appear that this general and well-recognized rule would be inapplicable to this case because of any such peculiar and particular state of facts as existed and controlled the ruling in Pannell v. McGarity, 27 Ga. App. 71 ( 107 S. E. 352 ).

11922–1922
Pannell v. McGarity neutral
gactapp · 1921
1 sentence

1922It is not made to appear that this general and well-recognized rule would be inapplicable to this case because of any such peculiar and particular state of facts as existed and controlled the ruling in Pannell v. McGarity, 27 Ga. App. 71 ( 107 S. E. 352 ).

11922–1922

Where else courts name it

IA 10 (1929–2025) AL 7 (1929–1969) CA 5 (1945–1971) GA 5 (1922–1998) NY 4 (1895–1962) IL 4 (1877–1929) DE 3 (1953–2024) FL 2 (1979–1980)

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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