Legal Opinion
Hamilton v. Hamilton
Court of Appeals of Georgia
Decided January 19, 1950No. 32785PublishedCited by 4 opinions
1Opinion of the CourtGardner, J.
1. (a) It will be noted that the court in dismissing the affidavit of illegality took notice of the facts of the case as shown by the record and as to what took place in its presence. The trial judge is authorized to do this. Woodruff v. Balkcom, 205 Ga. 445 (53 S. E. 2d, 680). The Code, § 37-901, provides: “The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal or equitable, or both, and apply on such trial remedies or relief, legal or equitable, or both, in favor of either party, such as the nature of the case may allow or require.”(b)…
2Cases cited5 opinions
- Woodruff v. BalkcomSupreme Court of Georgia · 1949
- Dodd v. CallawayCourt of Appeals of Georgia · 1948
- Tanner v. WilsonSupreme Court of Georgia · 1936
- Patterson v. Georgia Gravel Co.Supreme Court of Georgia · 1921
- Evans v. EvansCourt of Appeals of Georgia · 1940
3Cited by4 opinions
- Reid v. StricklandCourt of Appeals of Georgia · 1967
- Iannicelli v. IannicelliCourt of Appeals of Georgia · 1983
- Universal C. I. T. Credit Corp. v. PritchettCourt of Appeals of Georgia · 1961
- Universal C.I.T. Credit Corp. v. HallCourt of Appeals of Georgia · 1962