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2018 Georgia Code 15-10-40 | Car Wreck Lawyer

TITLE 15 COURTS

Section 10. Magistrate Courts, 15-10-1 through 15-10-263.

ARTICLE 3 CIVIL PROCEEDINGS

15-10-40. Applicability of article.

This article shall govern civil proceedings in the magistrate court.

(Code 1981, §15-10-40, enacted by Ga. L. 1983, p. 884, § 2-1.)

Law reviews.

- For annual survey of trial practice and procedure, see 38 Mercer L. Rev. 383 (1986).

JUDICIAL DECISIONS

Voluntary dismissal rule did not apply in magistrate court.

- Trial court erred in relying on O.C.G.A. § 9-11-41 in finding that a tenant failed to object to the landlord's voluntary dismissal of its magistrate court dispossessory action, resulting in the dismissal of the tenant's counterclaim to that action; the Civil Practice Act, O.C.G.A. § 9-11-1 et seq., did not apply to magistrate court suits, O.C.G.A. §§ 15-10-40 and15-10-42, and there was nothing to indicate that the magistrate court opted to follow the Civil Practice Act as permitted by O.C.G.A. § 15-10-44. Howell v. Beauly, LLC, 337 Ga. App. 898, 789 S.E.2d 214 (2016).

Cases Citing Georgia Code 15-10-40 From Courtlistener.com

Total Results: 1

Howe v. Roberts

Court: Supreme Court of Georgia | Date Filed: 1989-11-01

Citation: 385 S.E.2d 276, 259 Ga. 617

Snippet: than those limited matters set forth in OCGA § 15-10-40 et seq., none of which pertain to amendments to