Legal Opinion

Stern v. Howell

Court of Appeals of Georgia

Decided April 15, 1925No. 16151PublishedCited by 13 opinions

1Opinion of the CourtBroyles, C. J.

1. “Payments of taxes or other claims, made through ignorance of the law, or where the facts are all known, and there is no misplaced confidence and no artifice, deception, or fraudulent practice used by the other party, are deemed voluntary, and can not be recovered back, unless made under an urgent- and immediate necessity therefor, or to release person or property from detention, or to prevent an immediate seizure of person or property.” Civil Code (1910), § 4317.

2. Even where money is paid under a mistake of fact, or in ignorance of facts, it can not be recovered, unless the circumstances…

2Cases cited2 opinions

  1. Atlanta Telephone & Telegraph Co. v. FainCourt of Appeals of Georgia · 1915
  2. Southern Cotton Oil Co. v. ShieldsCourt of Appeals of Georgia · 1919

3Cited by13 opinions

  1. Gulf Life Insurance Co. v. FolsomSupreme Court of Georgia · 1986
  2. New York Life Insurance v. WilliamsonCourt of Appeals of Georgia · 1936
  3. James Talcott, Inc. v. Roy D. Warren Commercial, Inc.Court of Appeals of Georgia · 1969
  4. Orient Insurance Company v. DunlapSupreme Court of Georgia · 1941
  5. Hawkins v. Travelers InsuranceCourt of Appeals of Georgia · 1982

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