Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 9-10-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-10-4 Case Law from Google Scholar Amendments to OCGA 9-10-4

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-10-4. Trial of collateral issues.

All collateral issues in the superior, state, or city courts, unless otherwise directed by law, shall be tried by jury.

(Orig. Code 1863, § 3532; Code 1868, § 3555; Code 1873, § 3612; Code 1882, § 3612; Civil Code 1895, § 4948; Civil Code 1910, § 5525; Code 1933, § 81-1010.)

Cross references.

- Right to trial by jury generally, Ga. Const. 1983, Art. I, Sec. I, Para. XI, and § 9-11-38.

JUDICIAL DECISIONS

Traverse of defendant's answer in garnishment action is not a collateral issue. Strickland v. Maddox, 4 Ga. 393 (1848).

Issue upon which the merits of the principal cause depends is not a collateral issue under this section. Mason & Dickinson v. Croom, 24 Ga. 211 (1858) (see O.C.G.A. § 9-10-4).

Motion to dismiss on ground that plaintiff was non compos mentis is collateral issue.

- When a motion is made to dismiss based on the contention that the evidence showed the plaintiff to be absolutely non compos mentis when the action was filed and also at the time of the trial, the court may refer this collateral issue to the jury. Central of Ga. Ry. v. Harper, 124 Ga. 836, 53 S.E. 391 (1906).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 16.

C.J.S.

- 50 C.J.S., Juries, §§ 7, 16, 28 et seq., 47, 50 et seq., 61, 68, 75, 77, 124 et seq.

Cases Citing Georgia Code 9-10-4 From Courtlistener.com

Total Results: 1

Johnston v. First National Bank

Court: Supreme Court of Georgia | Date Filed: 1964-10-19

Citation: 220 Ga. 340, 138 S.E.2d 670, 1964 Ga. LEXIS 545

Snippet: verified in the petition for mandamus.” Code § 6-9-10 (4). In that event there would be no certification