unwarranted instruction (Georgia) · Go Syfert
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unwarranted instruction in Georgia

5 Georgia opinions name it 2 courts 1983–2016 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 (4)

CaseFollowedCited
Durden v. Stategreen
ga · 2013 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Durden v. State, 293 Ga. 89, 97 (6) (a) ( 744 SE2d 9 ) (2013), overruled on other grounds by Jeffrey v. State, 296 Ga. 713 ( 770 SE2d 585 ) (2015). 3.

2016See, e.g., Durden v. State, 293 Ga. 89, 97 (6) (a) ( 744 SE2d 9 ) (2013), overruled on other grounds by Jeffrey v. State, 296 Ga. 713 ( 770 SE2d 585 ) (2015). 3.

11
Jeffrey v. Stategreen
ga · 2015 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Durden v. State, 293 Ga. 89, 97 (6) (a) ( 744 SE2d 9 ) (2013), overruled on other grounds by Jeffrey v. State, 296 Ga. 713 ( 770 SE2d 585 ) (2015). 3.

2016See, e.g., Durden v. State, 293 Ga. 89, 97 (6) (a) ( 744 SE2d 9 ) (2013), overruled on other grounds by Jeffrey v. State, 296 Ga. 713 ( 770 SE2d 585 ) (2015). 3.

11
Transamerica Insurance v. Thrift-Mart, Inc.green
gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 1994–1994
2 sentences

1994Co. v. Thrift-Mart, 159 Ga. App. 874, 879 (3), supra. It follows that the error in giving this unwarranted instruction was immaterial to the issues actually decided by the jury and the trial court did not err in overruling the insurer’s motion for new trial on this ground.

1994Co. v. Thrift-Mart, 159 Ga. App. 874, 879 (3), supra. It follows that the error in giving this unwarranted instruction was immaterial to the issues actually decided by the jury and the trial court did not err in overruling the insurer's motion for new trial on this ground.

11
Walker v. Maxwellgreen
ga · 1948 · cited in 1 Georgia opinions naming this issue, 1983–1983
1 sentence

1983No contention is made that a mobile home, presumably the only leviable property of a delinquent taxpayer, is “reasonably capable of subdivision and sale.” Compare Walker v. Maxwell, 203 Ga. 393, 394 (3) ( 46 SE2d 923 ) (1948); Henry v. Cowan, 88 Ga. App. 503 , supra. Indeed, appellant seemingly relies solely upon the unwarranted presumption that the excessiveness of the levy is shown merely by a comparison of the value of the property sold with the amount of the execution.

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 (6)

CaseCitedYears
Beasley v. a Better Gas Co., Inc. green
gactapp · 2004
2 sentences

2016But I cannot concur fully in Division 1 because it would adopt dicta from Beasley v. A Better Gas Co., 269 Ga. App. 426 ( 604 SE2d 202 ) (2004) and so create an unwarranted exception to the general rule regarding the personal tort liability of corporate officers.

2016But I cannot concur fully in Division 1 because it would adopt dicta from Beasley v. A Better Gas Co., 269 Ga. App. 426 ( 604 SE2d 202 ) (2004) and so create an unwarranted exception to the general rule regarding the personal tort liability of corporate officers.

22016–2016
South Georgia Trust Co. v. Neal green
ga · 1931
2 sentences

1994South Ga. Trust Co. v. Neal, 174 Ga. 24, 25 , hn. 5, supra. I would distinguish the whole court case of Ga. Farm Bureau Mut.

1994South Ga. Trust Co. v. Neal, 174 Ga. 24, 25 , hn. 5, supra. I would distinguish the whole court case of Ga. Farm Bureau Mut.

11994–1994
Colonial Penn Insurance v. Hart green
gactapp · 1982
1 sentence

1994South Ga. Trust Co. v. Neal, 174 Ga. 24, 25 , hn. 5, supra. I would distinguish the whole court case of Ga. Farm Bureau Mut.

11994–1994
Shackleford v. Hooper green
ga · 1880
1 sentence

1983Shackleford v. Hooper, supra; Crump v. McEntire, supra. No genuine issue of material fact remains on the record before us as to the purported excessiveness of the levy on the mobile home.

11983–1983
Crump v. McEntire green
ga · 1940
1 sentence

1983Shackleford v. Hooper, supra; Crump v. McEntire, supra. No genuine issue of material fact remains on the record before us as to the purported excessiveness of the levy on the mobile home.

11983–1983
Henry v. Cowan green
gactapp · 1953
1 sentence

1983No contention is made that a mobile home, presumably the only leviable property of a delinquent taxpayer, is “reasonably capable of subdivision and sale.” Compare Walker v. Maxwell, 203 Ga. 393, 394 (3) ( 46 SE2d 923 ) (1948); Henry v. Cowan, 88 Ga. App. 503 , supra. Indeed, appellant seemingly relies solely upon the unwarranted presumption that the excessiveness of the levy is shown merely by a comparison of the value of the property sold with the amount of the execution.

11983–1983

Where else courts name it

CA 12 (1911–2026) KY 7 (1999–2025) NY 6 (1928–2025) WI 6 (1901–1987) IA 5 (1932–2016) PA 5 (1996–2020) GA 5 (1983–2016) FL 4 (1988–2010) OH 3 (1998–2008) ID 3 (1975–1992) NJ 2 (1976–2020) TX 2 (1932–1998) IN 2 (1894–1968) MO 2 (1985–2018) OR 2 (1956–1979)

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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