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2018 Georgia Code 9-11-108 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-11-108 Case Law from Google Scholar Amendments to OCGA 9-11-108

TITLE 9 CIVIL PRACTICE

Section 11. Civil Practice Act, 9-11-1 through 9-11-133.

ARTICLE 10 FORMS

9-11-108. Form of complaint for money had and received.

IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) (Clerk will insert Defendant ) number.) COMPLAINT The defendant C.D., herein named, is a resident of __________ (street), __________ (city), __________ County, Georgia, and is subject to the jurisdiction of this court. Defendant owes plaintiff $10,000.00 for money had and received from one G.H. on June 1, 1966, to be paid by defendant to plaintiff. Wherefore, plaintiff demands judgment against defendant for the sum of $10,000.00, interest, costs, and attorney fees (where applicable). __________________________________ Attorney for plaintiff __________________________________ Address

(Ga. L. 1966, p. 609, § 108; Ga. L. 1980, p. 649, § 6.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, a comma was inserted following "C.D." near the beginning of the form.

JUDICIAL DECISIONS

Cited in Dickey v. South Side Atlanta Bank, 118 Ga. App. 1, 162 S.E.2d 305 (1968); Department of Pub. Health v. Perry, 123 Ga. App. 816, 182 S.E.2d 493 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 61A Am. Jur. 2d, Pleading, § 31 et seq.

C.J.S.

- 71 C.J.S., Pleading, § 43 et seq.

ALR.

- Right to recover money voluntarily paid with knowledge of facts but under misapprehension as to legal rights or obligations, 53 A.L.R. 949.

Cases Citing O.C.G.A. § 9-11-108

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State Bd. of Educ. v. Drury, 437 S.E.2d 290 (Ga. 1993).

Cited 57 times | Published | Supreme Court of Georgia | Oct 12, 1993 | 263 Ga. 429

...According to appellees, that defense was procedurally waived because it had not been specifically pled in the individual Board members' answers. Under the pleading practice of this state, however, immunity is not a defense which must be specifically pled under OCGA § 9-11-108 (c)....