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O.C.G.A. § 9-10-4 — Trial of collateral issues | Georgia Code

O.C.G.A. § 9-10-4 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.