grounds error (Georgia) · Go Syfert
← Georgia issues

grounds error in Georgia

42 Georgia opinions name it 2 courts 1888–2024 1 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 (12)

CaseFollowedCited
Georgia Power Co. v. Maddoxgreen
gactapp · 1966 · cited in 8 Georgia opinions naming this issue, 1969–1992
2 sentences

1992The grounds of error urged must fully apprise the court of the error committed and the correction needed to cure the error.” Georgia Power Co. v. Maddox, 113 Ga. App. 642 (1) ( 149 SE2d 393 ) (1966).

1992The grounds of error urged must fully apprise the court of the error committed and the correction needed to cure the error.” Georgia Power Co. v. Maddox, 113 Ga. App. 642 (1) ( 149 SE2d 393 ) (1966).

18
Jones v. Zezzogreen
gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Hansford v. Veal, 369 Ga. App. 641 , 644 (1) ( 894 SE2d 215 ) 10 (2023) (“A party who has had a default judgment entered against it as a discovery sanction has forfeited the right to argue that the complaint against that party is inadequately pled.”) (citation and punctuation omitted); see also Jones v. Zezzo, 162 Ga. App. 281, 283 ( 290 SE2d 312 ) (1982) (“By his wilful contempt of the orders of discovery of two judges, appellant has as a sanction suffered a default judgment and thereby forfeited any claim that the cross complaint fails to state a cause of action.”).

2024See Hansford v. Veal, 369 Ga. App. 641 , 644 (1) ( 894 SE2d 215 ) 10 (2023) (“A party who has had a default judgment entered against it as a discovery sanction has forfeited the right to argue that the complaint against that party is inadequately pled.”) (citation and punctuation omitted); see also Jones v. Zezzo, 162 Ga. App. 281, 283 ( 290 SE2d 312 ) (1982) (“By his wilful contempt of the orders of discovery of two judges, appellant has as a sanction suffered a default judgment and thereby forfeited any claim that the cross complaint fails to state a cause of action.”).

11
Wallin v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002Wallin v. State, 248 Ga. 29, 30 , 279 S.E.2d 687 (1981).

2002Wallin v. State, 248 Ga. 29, 30 , 279 S.E.2d 687 (1981).

11
Wilson v. Stategreen
ga · 1956 · cited in 1 Georgia opinions naming this issue, 2002–2002
2 sentences

2002Moreover, the trial court did not rule specifically on this constitutional challenge, Wilson v. State, 212 Ga. 157, 158 , 91 S.E.2d 16 (1955), and appellant failed to articulate the grounds for his challenge before both the trial court and this Court.

2002Moreover, the trial court did not rule specifically on this constitutional challenge, Wilson v. State, 212 Ga. 157, 158 , 91 S.E.2d 16 (1955), and appellant failed to articulate the grounds for his challenge before both the trial court and this Court.

11
Circle H Development, Inc. v. City of Woodstockgreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999“Where there is nothing in the record to indicate that the trial court failed to consider appellants’ amendment before ruling on appellees’ motion for summary judgment, we assume the amendment was properly considered.” (Citation and punctuation omitted.) Circle H Dev. v. City of Woodstock, 206 Ga. App. 473, 475 (2) ( 425 SE2d 891 ) *158 (1992).

1999“Where there is nothing in the record to indicate that the trial court failed to consider appellants’ amendment before ruling on appellees’ motion for summary judgment, we assume the amendment was properly considered.” (Citation and punctuation omitted.) Circle H Dev. v. City of Woodstock, 206 Ga. App. 473, 475 (2) ( 425 SE2d 891 ) *158 (1992).

11
Bedeski v. Atlanta Coliseum, Inc.green
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998“To be reviewable on appeal, an objection to the jury charge must be unmistakable in directing the attention of the trial court to the claimed error and must point out distinctly the portion of the charge challenged; the grounds of error must be stated with sufficient particularity to leave no doubt as to the portion of the charge challenged or as to the specific ground of challenge, and must fully apprise the court of the error committed and the correction needed. [Cit.] Such specificity is required to ensure that the trial judge is afforded an opportunity to correct any error in the instruct

1998“To be reviewable on appeal, an objection to the jury charge must be unmistakable in directing the attention of the trial court to the claimed error and must point out distinctly the portion of the charge challenged; the grounds of error must be stated with sufficient particularity to leave no doubt as to the portion of the charge challenged or as to the specific ground of challenge, and must fully apprise the court of the error committed and the correction needed. [Cit.] Such specificity is required to ensure that the trial judge is afforded an opportunity to correct any error in the instruct

11
Lissmore v. Kincadegreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Lissmore v. Kincade, 188 Ga. App. 548, 551 ( 373 SE2d 819 ).

1997Lissmore v. Kincade, 188 Ga. App. 548, 551 ( 373 SE2d 819 ).

11
Crowder v. Department of State Parksgreen
ga · 1971 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982See Crowder v. Dept. of State Parks, 228 Ga. 436 ( 185 SE2d 908 ) (1971).

1982See Crowder v. Dept. of State Parks, 228 Ga. 436 ( 185 SE2d 908 ) (1971).

11
A-1 Bonding Service, Inc. v. Huntergreen
gactapp · 1971 · cited in 1 Georgia opinions naming this issue, 1974–1974
2 sentences

1974In order to reach a decision on the charges in the absence of a ground of objection, the majority go through the old fashioned tongue and cheek maneuver of "knocking down a straw man" by blandly holding that the law no longer requires that counsel must point out what the court should have charged, citing as authority, A-1 Bonding Service v. Hunter, 125 Ga. App. 173, 174 (4b), supra, which (on p. 183) overruled the requirement of Ga. Power Co. v. Maddox, 113 Ga. App. 642 ( 149 SE2d 393 ) that "The grounds of error urged must fully apprise the court of the error committed and the correction need

1974In order to reach a decision on the charges in the absence of a ground of objection, the majority go through the old fashioned tongue and cheek maneuver of "knocking down a straw man” by blandly holding that the law no longer requires that counsel must point out what the court should have charged, citing as authority, A-l Bonding Service v. Hunter, 125 Ga. App. 173, 174 (4b), supra, which (on p. 183) overruled the requirement of Ga. Power Co. v. Maddox, 113 Ga. App. 642 ( 149 SE2d 393 ) that "The grounds of error urged must fully apprise the court of the error committed and the correction need

11
Smith v. Stategreen
· 1899 · cited in 1 Georgia opinions naming this issue, 1966–1966
2 sentences

1966In a charge relating to “one of the contentions of the defendant [which] is that it was necessary to kill the deceased to protect his property”, the trial judge charged: “One ■ who seeks in a violent manner to enter the habitation of another, and will not heed the remonstrance or persuasion of the owner or occupant, but continues the attack and invasion, intending to do serious injury to the person who resides there, to his house, or to some member of his family, such as wife and children, forfeits his life, and he who in good faith, under such circumstances, takes the life of a person so inva

1966In a charge relating to “one of the contentions of the defendant [which] is that it was necessary to kill the deceased to protect his property”, the trial judge charged: “One ■ who seeks in a violent manner to enter the habitation of another, and will not heed the remonstrance or persuasion of the owner or occupant, but continues the attack and invasion, intending to do serious injury to the person who resides there, to his house, or to some member of his family, such as wife and children, forfeits his life, and he who in good faith, under such circumstances, takes the life of a person so inva

11
Chaffin v. Chaffingreen
ga · 1950 · cited in 1 Georgia opinions naming this issue, 1953–1953
2 sentences

1953Board of Education of Houston County v. Board of Trustees of Fort Valley Consolidated School District, 170 Ga. 509 (5) ( 153 S. E. 214 ); Chaffin v. Chaffin, 207 Ga. 36, 38 ( 59 S. E. 2d, 911 ). 7.

1953Board of Education of Houston County v. Board of Trustees of Fort Valley Consolidated School District, 170 Ga. 509 (5) ( 153 S. E. 214 ); Chaffin v. Chaffin, 207 Ga. 36, 38 ( 59 S. E. 2d, 911 ). 7.

11
Wilson v. Smallgreen
gactapp · 1922 · cited in 1 Georgia opinions naming this issue, 1925–1925
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 (57)

CaseCitedYears
Black v. Aultman green
gactapp · 1969
2 sentences

1988The grounds of error urged must fully apprise the court of the error committed and the correction needed to cure the error.’ Ga. Power Co. v. Maddox, 113 Ga. App. 642 (1) ( 149 SE2d 393 ).” Black v. Aultman, 120 Ga. App. 826 (1), 827 ( 172 SE2d 336 ).

1988The grounds of error urged must fully apprise the court of the error committed and the correction needed to cure the error.’ Ga. Power Co. v. Maddox, 113 Ga. App. 642 (1) ( 149 SE2d 393 ).” Black v. Aultman, 120 Ga. App. 826 (1), 827 ( 172 SE2d 336 ).

31970–1988
Stone v. Burell neutral
gactapp · 1982
2 sentences

1998We *811 construe the statute [OCGA § 5-5-25 (a)] as placing the duty on counsel of exercising a high degree of clarity in objecting to charges.” (Citation and punctuation omitted.) Stone v. Burell, 161 Ga. App. 369 ( 288 SE2d 636 ).

1998We *811 construe the statute [OCGA § 5-5-25 (a)] as placing the duty on counsel of exercising a high degree of clarity in objecting to charges.” (Citation and punctuation omitted.) Stone v. Burell, 161 Ga. App. 369 ( 288 SE2d 636 ).

11998–1998
Glaser v. Meck green
ga · 1988
2 sentences

1990We also agree with Cheeley that its third defense *545 adequately raised the defense of insufficiency of the expert's affidavit for purposes of OCGA § 9-11-12 (b), compare Glaser v. Meck, 258 Ga. 468 ( 369 SE2d 912 ) (1988), and note furthermore that had any confusion existed as to the grounds for that defense, an interrogatory addressing the matter could have been presented to Cheeley earlier than the ten month delay seen in the case at bar.

1990We also agree with Cheeley that its third defense *545 adequately raised the defense of insufficiency of the expert's affidavit for purposes of OCGA § 9-11-12 (b), compare Glaser v. Meck, 258 Ga. 468 ( 369 SE2d 912 ) (1988), and note furthermore that had any confusion existed as to the grounds for that defense, an interrogatory addressing the matter could have been presented to Cheeley earlier than the ten month delay seen in the case at bar.

11990–1990
Bruton v. United States green
scotus · 1968
1 sentence

1982(Bruton v. United States, 391 U. S. 123 (88 SC 1620, 20 LE2d 476)).

11982–1982
Dotson v. State green
gactapp · 1977
1 sentence

1978It was harmful error for the court to fail to give any charge to the jury on accident . . .” Dotson v. State, 144 Ga. App. 113, 114 , supra. Judgment reversed.

11978–1978
Kramer v. State green
ga · 1973
1 sentence

1978A trial judge should be extremely cautious and hesitant in refusing to submit an accused’s sole or principal defense to a jury for resolution upon the grounds that such defense, raised by a defendant’s testimony "is highly implausible and utterly beyond belief.” When a judge gets in the jury box to decide issues of fact he should not be too surprised when an appellate court advises him that "it is for the trier of fact to determine whether such act is criminal.” Kramer v. State, 230 Ga. 855, 856 , supra. We find "[t]he defendant’s testimony was sufficient to raise a jury question as to whether

11978–1978
Poss v. Smith neutral
ga · 1971
2 sentences

1975Poss v. Smith, 228 Ga. 168 ( 184 SE2d 465 ).

1975Poss v. Smith, 228 Ga. 168 ( 184 SE2d 465 ).

11975–1975
Wright v. Dilbeck green
gactapp · 1970
2 sentences

1971Ga. Power Co. v. Maddox, 113 Ga. App. 642 (1) ( 149 SE2d 393 )." Wright v. Dilbeck, 122 Ga. App. 214 (17) ( 176 SE2d 715 ).

1971Ga. Power Co. v. Maddox, 113 Ga. App. 642 (1) ( 149 SE2d 393 )." Wright v. Dilbeck, 122 Ga. App. 214 (17) ( 176 SE2d 715 ).

11971–1971
Atlanta Coca-Cola Bottling Co. v. Hathcox neutral
gactapp · 1932
2 sentences

1962When it -appears that portions of the record essential to a determination of the errors complained of have not been specified or sent up, an appropriate remedy for the plaintiff in error is outlined in Atlanta Coca-Cola Bottling Co. v. Hathcox, 45 Ga. App. 822 (1) ( 165 SE 902 ), and for the defendant in error in Code § 6-812.

1962When it -appears that portions of the record essential to a determination of the errors complained of have not been specified or sent up, an appropriate remedy for the plaintiff in error is outlined in Atlanta Coca-Cola Bottling Co. v. Hathcox, 45 Ga. App. 822 (1) ( 165 SE 902 ), and for the defendant in error in Code § 6-812.

11962–1962
Adams v. Bishop green
gactapp · 1931
2 sentences

1957As stated in Adams v. Bishop, 42 Ga. App. 811 (6) ( 157 S. E. 523 ): "The only assignment of error in the bill of exceptions to the final judgment of the court is that it is `contrary to law', and that the court erred in rendering judgment `on each and all of the grounds of error set forth in his exceptions of fact.' There being no exception to the final judgment upon the ground that it was rendered without referring to a jury the exceptions of fact to the auditor's report as provided in . . . [Code § 10-402], the question whether the court erred in not referring the exceptions of fact to a ju

1957As stated in Adams v. Bishop, 42 Ga. App. 811 (6) ( 157 S. E. 523 ): "The only assignment of error in the bill of exceptions to the final judgment of the court is that it is `contrary to law', and that the court erred in rendering judgment `on each and all of the grounds of error set forth in his exceptions of fact.' There being no exception to the final judgment upon the ground that it was rendered without referring to a jury the exceptions of fact to the auditor's report as provided in . . . [Code § 10-402], the question whether the court erred in not referring the exceptions of fact to a ju

11957–1957
Western & Atlantic Railroad v. Henderson green
scotus · 1929
1 sentence

1957Western & Atlantic Railroad v. Henderson, 279 U. S. 639 , 49 S. Ct. 449 (1929).

11957–1957
Southern Railway Co. v. City Council of Greenville neutral
sc · 1897
1 sentence

1957Western & Atlantic Railroad v. Henderson, 279 U. S. 639 , 49 S. Ct. 449 (1929).

11957–1957
Board of Education v. Board of Trustees of Fort Valley Consolidated School District neutral
ga · 1930
2 sentences

1953Board of Education of Houston County v. Board of Trustees of Fort Valley Consolidated School District, 170 Ga. 509 (5) ( 153 S. E. 214 ); Chaffin v. Chaffin, 207 Ga. 36, 38 ( 59 S. E. 2d, 911 ). 7.

1953Board of Education of Houston County v. Board of Trustees of Fort Valley Consolidated School District, 170 Ga. 509 (5) ( 153 S. E. 214 ); Chaffin v. Chaffin, 207 Ga. 36, 38 ( 59 S. E. 2d, 911 ). 7.

11953–1953
Falvey v. Adamson neutral
ga · 1885
1 sentence

1947The provisions of the Code sections as to the removal of such attachment which has been granted éx parte merely provide for an expeditious interlocutory hearing upon the question as to whether the writ has been improvidently granted, and that without awaiting the trial of the issue made on any traverse of “the truth of the affidavit in relation to the ground upon which the attachment is issued,” as provided for by § 8-605 of the Code.As was said by Mr. Justice Hall in Falvey v. Adamson, 73 Ga. 493 , 496: “The statute in question evidently contemplates that the plaintiff shall have power to rea

11947–1947
Fuller v. Inman green
gactapp · 1912
2 sentences

1947The instruction stated a correct and applicable principle of law (Fuller v. Inman, 10 Ga. App. 680 (1), 74 S. E. 287 ), and when considered in connection with the entire charge, was not subject to the other criticisms made against it.

1947The instruction stated a correct and applicable principle of law (Fuller v. Inman, 10 Ga. App. 680 (1), 74 S. E. 287 ), and when considered in connection with the entire charge, was not subject to the other criticisms made against it.

11947–1947
Eady v. Magnolia Cemetery Co. green
ga · 1932
1 sentence

1934Ordinary diligence would require counsel for plaintiff in error to examine the record, and be ready to suggest a diminution, if necessary.” The case of Eady v. Magnolia Cemetery Co., supra, was brought by seven parties, alleging themselves to have been originally stockholders in the Magnolia Cemetery Company.

11934–1934
Herrington v. Flanders green
ga · 1902
1 sentence

1933Clements v. McCormick Harvesting Machine Co., 115 Ga. 851 ( 42 S. E. 222 ).

11933–1933
Clements v. McCormick Harvesting Machine Co. neutral
ga · 1902
1 sentence

1933Clements v. McCormick Harvesting Machine Co., 115 Ga. 851 ( 42 S. E. 222 ).

11933–1933
Maryland Casualty Co. v. England green
ga · 1925
2 sentences

1929Since, as was held in the case of Maryland Casualty Co. v. England, 160 Ga. 810 ( 129 S. E. 75 ), the judge of the superior court, in passing upon an appeal from an award of the industrial commission, has no discretionary power to set aside the award, there is no merit in the grounds of the exception that the judgment of the superior court affirming the award should be set aside upon the ground that it appears from his order that, while he affirmed the award solely upon the ground that there was some evidence to support it, he was nevertheless of the opinion that the claimant was justly entitl

1929Since, as was held in the case of Maryland Casualty Co. v. England, 160 Ga. 810 ( 129 S. E. 75 ), the judge of the superior court, in passing upon an appeal from an award of the industrial commission, has no discretionary power to set aside the award, there is no merit in the grounds of the exception that the judgment of the superior court affirming the award should be set aside upon the ground that it appears from his order that, while he affirmed the award solely upon the ground that there was some evidence to support it, he was nevertheless of the opinion that the claimant was justly entitl

11929–1929
Durand v. Grimes green
ga · 1855
11925–1925
Askew v. Dupree green
ga · 1860
11925–1925
Avera v. Tool, McGarrah & Toudee neutral
ga · 1884
11925–1925
Anderson v. Southern Railway Co. green
· 1899
11925–1925
Rigell v. Sirmans green
ga · 1905
11925–1925
Leggat v. Gerrick neutral
mont · 1907
11925–1925
Griner v. Baggs & Perry green
gactapp · 1908
11925–1925
Richter v. State neutral
gactapp · 1908
11925–1925
Crouch & Son v. Spooner neutral
gactapp · 1911
11925–1925
Connor v. Cochran neutral
gactapp · 1911
11925–1925
Blue v. Fidelity Deposit Co. neutral
gactapp · 1910
11925–1925
Bartow Guano Co. v. Adair green
gactapp · 1923
11925–1925
Georgia Granite Corp. v. Union Granite Co. green
gactapp · 1923
11925–1925
Stone v. State green
ga · 1903
11924–1924
Woodruff v. Wilkinson neutral
ga · 1884
11923–1923
Hicks v. Sharp neutral
· 1892
11923–1923
Teasley v. State green
ga · 1898
11923–1923
Jenkins v. State neutral
ga · 1904
11923–1923
Rooks v. State neutral
ga · 1904
11923–1923
Strickland v. State neutral
gactapp · 1910
11923–1923
Blanchard v. State neutral
gactapp · 1910
11923–1923

Statutes the citing opinions construe

GA § 5-5-24 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 221 (1882–2026) LA 173 (1911–2026) OH 100 (1876–2026) CA 75 (1863–2026) PA 69 (1905–2024) NC 62 (1886–2026) NY 62 (1851–2026) IL 53 (1908–2026) AL 49 (1881–2015) VA 49 (1912–2025) GA 42 (1888–2024) ID 40 (1916–2025) MO 40 (1894–2018) FL 36 (1901–2026) MI 28 (1921–2025) MN 26 (1916–2025) IN 25 (1873–2018) CT 23 (1896–2014) IA 22 (1899–2021) OR 22 (1892–2022) WI 21 (1885–2024) OK 18 (1910–2009) WV 18 (1890–2016) WA 18 (1904–2020) MD 16 (1945–2025) KY 16 (1921–2025) MT 14 (1923–2022) SC 14 (1924–2024) KS 14 (1896–2018) CO 14 (1899–2025) MA 13 (1975–2024) MS 13 (1925–2008) VT 12 (1911–2026) NJ 11 (1895–2025) AR 10 (1894–2014) ND 9 (1890–2000) TN 8 (1951–2019) DE 8 (1964–2024) NM 8 (1971–2025) AZ 8 (1956–2020) RI 8 (1985–2014) HI 7 (1943–2026) DC 7 (1978–2012) UT 6 (1898–2009) WY 5 (1900–2020) NH 5 (1964–2020) NE 5 (1911–1999) AK 4 (1984–1998) NV 4 (1867–1983) SD 3 (1894–1905) PR 2 (1928–1942) ME 2 (1947–2026)

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