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2018 Georgia Code 9-10-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-10-11 Case Law from Google Scholar Amendments to OCGA 9-10-11

TITLE 9 CIVIL PRACTICE

Section 10. Civil Practice and Procedure Generally, 9-10-1 through 9-10-204.

ARTICLE 1 GENERAL PROVISIONS

9-10-11. When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond.

  1. No judgment decreeing the forfeiture of any appearance bond shall be rendered:
    1. If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or
    2. If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal's detention.
  2. If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.

(Ga. L. 1965, p. 266, §§ 1-3.)

Cross references.

- Corresponding provision relating to criminal procedure, § 17-6-72.

JUDICIAL DECISIONS

Cited in Stitt v. Busbee, 136 Ga. App. 44, 220 S.E.2d 59 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Date of forfeiture of appearance bond depends entirely upon the wording of each particular bond; in the event the bond indicates an appearance at a term of court, forfeiture would not occur until the end of that particular term of court; if, however, the bond is returnable on a specific date, then the 60-day provision would commence to run from that date. 1965-66 Op. Att'y Gen. No. 66-30.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bail and Recognizance, § 130 et seq.

C.J.S.

- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 28 et seq., 144 et seq.

ALR.

- Induction of principal into military or naval service as exonerating his bail for his nonappearance, 8 A.L.R. 371; 147 A.L.R. 1428; 148 A.L.R. 1400; 150 A.L.R. 1447; 151 A.L.R. 1462; 152 A.L.R. 1459; 153 A.L.R. 1431; 154 A.L.R. 1456; 156 A.L.R. 1457; 157 A.L.R. 1456.

Right to recover back cash bail or securities taken without authority, 48 A.L.R. 1430.

Bail: effect on surety's liability under bail bond of principal's incarceration in other jurisdiction, 33 A.L.R.4th 663.

Bail: effect on surety's liability under bail bond of principal's subsequent incarceration in same jurisdiction, 35 A.L.R.4th 1192.

Cases Citing Georgia Code 9-10-11 From Courtlistener.com

Total Results: 20

CLEMENTS v. THE STATE (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2023-12-19

Snippet: Clements); burglary in the second degree (Counts 7, 8, 9, 10, 11, and 14—Garcia-Solis and Velazquez); entering

State v. Wilson

Court: Supreme Court of Georgia | Date Filed: 2023-02-21

Snippet: requirement); State v. Rothman, 779 P2d 1, 3, 9, 10-11 (Haw. 1989) (holding that warrant that authorized

Moon v. State

Court: Supreme Court of Georgia | Date Filed: 2021-06-21

Snippet: decision. On counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, and 15 the jury does not have a

Williams v. State

Court: Supreme Court of Georgia | Date Filed: 2017-10-30

Citation: 302 Ga. 474, 807 S.E.2d 350

Snippet: knife during the commission of a crime (Counts 9,10, 11,12, 13, and 15). The trial court sentenced Williams

Mikell v. State

Court: Supreme Court of Georgia | Date Filed: 2010-03-15

Citation: 690 S.E.2d 858, 286 Ga. 722, 2010 Fulton County D. Rep. 751, 2010 Ga. LEXIS 234

Snippet: once, twice, 3 times, 4 times, 5 times, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23

Development Authority of DeKalb County v. State

Court: Supreme Court of Georgia | Date Filed: 2009-09-28

Citation: 684 S.E.2d 856, 286 Ga. 36, 2009 Fulton County D. Rep. 3050, 2009 Ga. LEXIS 479

Snippet: violate] the [Constitution]. Cady v. Jardine, 185 Ga. 9, 10-11, 193 S.E. 869 (1937). See also Crews v. Cook,

Board of Public Education v. Hair

Court: Supreme Court of Georgia | Date Filed: 2003-05-19

Citation: 581 S.E.2d 28, 276 Ga. 575, 2003 Fulton County D. Rep. 1566, 2003 Ga. LEXIS 487

Snippet: Sec. V, Par. III. [16] Cady v. Jardine, 185 Ga. 9, 10-11, 193 S.E. 869 (1937); see also Randolph v. State

Weems v. State

Court: Supreme Court of Georgia | Date Filed: 1997-06-02

Citation: 485 S.E.2d 767, 268 Ga. 142, 97 Fulton County D. Rep. 1920, 1997 Ga. LEXIS 283

Snippet: appellee. 12. Remaining enumerations of error 7, 9, 10, 11, 13, 14, 16, 17, 18, 20, 21, 22, 23, 27 and 30

Bennett v. State

Court: Supreme Court of Georgia | Date Filed: 1992-03-13

Citation: 414 S.E.2d 218, 262 Ga. 149, 1992 Ga. LEXIS 217

Snippet: defendant’s requests to charge numbered 6, 7, 8, 9, 10, 11 and 13 were covered by the court’s charge. Pruitt

Mead Corp. v. Collins

Court: Supreme Court of Georgia | Date Filed: 1988-04-27

Citation: 367 S.E.2d 790, 258 Ga. 239, 1988 Ga. LEXIS 178

Snippet: this court stated in Cady v. Jardine, 185 Ga. 9, 10-11 (193 SE 869) (1937): . . .recognizing the wisdom

Mullis v. Southern Co. Services, Inc.

Court: Supreme Court of Georgia | Date Filed: 1982-10-27

Citation: 296 S.E.2d 579, 250 Ga. 90, 1982 Ga. LEXIS 1014

Snippet: constitutional inhibition.” Cady v. Jardine, 185 Ga. 9, 10-11 (193 SE 869) (1937).’ Frazer v. City of Albany

Ladson v. State

Court: Supreme Court of Georgia | Date Filed: 1981-11-13

Citation: 285 S.E.2d 508, 248 Ga. 470, 1981 Ga. LEXIS 1066

Snippet: constitutional inhibition.' Cady v. Jardine, 185 Ga. 9, 10-11 (193 SE 869) (1937)." Frazer v. City of Albany

Devier v. State

Court: Supreme Court of Georgia | Date Filed: 1981-05-26

Citation: 277 S.E.2d 729, 247 Ga. 635

Snippet: constitutional inhibition.'Cady v. Jardine, 185 Ga. 9, 10-11 (193 SE 869) (1937)." Frazer v. City of Albany

Frazer v. City of Albany

Court: Supreme Court of Georgia | Date Filed: 1980-03-12

Citation: 265 S.E.2d 581, 245 Ga. 399, 1980 Ga. LEXIS 808

Snippet: constitutional inhibition." Cady v. Jardine, 185 Ga. 9, 10-11 (193 SE 869) (1937). We hold that Section 5 (c)

Lamb v. State

Court: Supreme Court of Georgia | Date Filed: 1978-03-07

Citation: 243 S.E.2d 59, 241 Ga. 10, 1978 Ga. LEXIS 864

Snippet: (1976). 8. Appellant’s other Enumerations 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 concern matters

Lahr v. State

Court: Supreme Court of Georgia | Date Filed: 1977-09-27

Citation: 238 S.E.2d 878, 239 Ga. 813, 1977 Ga. LEXIS 1341

Snippet: carefully examined enumerations of error 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18 contending error on

Berman v. Berman

Court: Supreme Court of Georgia | Date Filed: 1977-09-06

Citation: 238 S.E.2d 27, 239 Ga. 443, 1977 Ga. LEXIS 1200

Snippet: on this issue. 2. Enumerations of error 7, 8, 9, 10, 11 and 12 raise the question whether the trial court

Lindsey v. Guhl

Court: Supreme Court of Georgia | Date Filed: 1976-09-07

Citation: 229 S.E.2d 354, 237 Ga. 567, 1976 Ga. LEXIS 1306

Snippet: examination. In Enumeration Nos. 4, 5, 6, 8, 9, 10, 11, 13, 15, 17, 18, 19, 20, 21, 28, 32, 33, 34, plaintiffs

Waters v. State

Court: Supreme Court of Georgia | Date Filed: 1976-06-08

Citation: 226 S.E.2d 596, 237 Ga. 64, 1976 Ga. LEXIS 1152

Snippet: manslaughter (5, 12), and misfortune and accident (4, 6, 9, 10, 11) were not authorized by the evidence. Burnett

Smith v. Hatgimisios

Court: Supreme Court of Georgia | Date Filed: 1974-12-03

Citation: 211 S.E.2d 306, 233 Ga. 354, 1974 Ga. LEXIS 763

Snippet: refusing to admit into evidence their exhibits 8, 9, 10, 11, which they contended were letters received by