Legal Opinion
Housing Authority of Atlanta v. Mercer
Court of Appeals of Georgia
Decided December 1, 1970No. 45724PublishedCited by 9 opinions
1Opinion of the Court
Evans, Judge.
It is readily seen that Section 41 of the Civil Practice Act (Ga. L. 1966, pp. 609, 653; Code Ann. S 81A-141(a)) does not provide an unlimited and unfettered right of dismissal, but same is "subject to the provisions of . . . any statute.” One of the statutes to which it is subject is Code $ 38-114 as to estoppel, and which statute provides in pertinent part: "Presumptions of law are sometimes conclusive, and an averment to the contrary shall not be allowed. These are termed estoppels, and are not generally favored. Among these are . . . solemn admission made in judicio, and…
2Cases cited18 opinions
- Woodside v. City of AtlantaSupreme Court of Georgia · 1958
- Horkan v. City of MoultrieSupreme Court of Georgia · 1911
- Barr v. City Council of AugustaSupreme Court of Georgia · 1950
- Thomas v. Central of Georgia Railway Co.Supreme Court of Georgia · 1929
- Georgia Power Co. v. FountainSupreme Court of Georgia · 1950
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dillard Land Investments, LLC v. Fulton CountySupreme Court of Georgia · 2014
- R. E. Adams Properties, Inc. v. City of GainesvilleCourt of Appeals of Georgia · 1972
- Taylor v. Georgia Power Co.Court of Appeals of Georgia · 1973
- Gramm v. City of StockbridgeCourt of Appeals of Georgia · 2009
- Fulton County v. Dillard Land Investments, LLCCourt of Appeals of Georgia · 2013
4 more not listed; retrieve them via the Exa API.