Legal Opinion

McCoy v. McSorley

Court of Appeals of Georgia

Decided April 28, 1969No. 44308PublishedCited by 13 opinions

1Opinion of the Court

Bell, Presiding Judge.

1. Under the Soldiers’ and Sailors’ Civil Relief Act, the trial courts have a discretion in granting or denying stays in judicial proceedings where persons in the military service of the United States are involved. Of course, the Act should be liberally construed in favor of the serviceman. The discretion denying a stay may be exercised where the court concludes from all the circumstances of the case that the civil rights of the serviceman will not be prejudiced. 50 USCA App. §§ 510, 521. The Supreme Court of Georgia has recognized the existence of the discretion to deny…

2Cases cited9 opinions

  1. Boone v. LightnerSupreme Court of the United States · 1943
  2. Edwards v. WallSupreme Court of Georgia · 1922
  3. Williamson v. LunsfordCourt of Appeals of Georgia · 1969
  4. Gates v. GatesSupreme Court of Georgia · 1943
  5. Travelers Insurance Co. v. MillerCourt of Appeals of Georgia · 1961

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Blackburn v. BlackburnCourt of Appeals of Georgia · 1983
  2. Morris M. Glazer v. J. C. Bradford and Company, a Partnership, J. C. Bradford and Company, Inc.Court of Appeals for the Fifth Circuit · 1980
  3. City of Atlanta v. FrankCourt of Appeals of Georgia · 1969
  4. Shepherd v. Carlton's Nice Cars, Inc.Court of Appeals of Georgia · 1979
  5. Whatley v. StateCourt of Appeals of Georgia · 1988

8 more not listed; retrieve them via the Exa API.

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