Legal Opinion
Cohen v. Garland
Court of Appeals of Georgia
Decided January 27, 1969No. 43856PublishedCited by 24 opinions
1Per curiam
The grant of a partial summary judgment is an appealable order. Code Ann. § 81A-156(h). Where the plaintiff sues on a theory of money had and received by the defendant which was paid over in two sums, and the allegations of the petition affirmatively show that the plaintiff is not entitled to recover one of them, the amount which the plaintiff is entitled to recover becomes an issue in the case, and motion for summary judgment is a proper means of testing its validity.
Failure to properly identify the errors enumerated by references to pertinent portions of the record pagination is not a…
2Cases cited15 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Hill v. WillisSupreme Court of Georgia · 1968
- Bourn v. HerringSupreme Court of Georgia · 1969
- Interstate Life & Accident Co. v. BrewerCourt of Appeals of Georgia · 1937
- Commercial City Bank v. MitchellCourt of Appeals of Georgia · 1920
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. Tommy Roberts Trucking Co.Court of Appeals of Georgia · 1993
- American Liberty Insurance v. SandersCourt of Appeals of Georgia · 1969
- Brinson v. First American BankCourt of Appeals of Georgia · 1991
- HAUGABOOK v. CrislerCourt of Appeals of Georgia · 2009
- Key v. BagenCourt of Appeals of Georgia · 1975
19 more not listed; retrieve them via the Exa API.