Hodsdon v. Whitworth, 63722
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | McMURRAY |
| Citation | 293 S.E.2d 70,162 Ga.App. 793 |
| Parties | HODSDON v. WHITWORTH et al. |
| Docket Number | No. 63722,63722 |
| Decision Date | 02 July 1982 |
Page 70
v.
WHITWORTH et al.
Page 71
[162 Ga.App. 795] Truett Smith, Elberton, for appellant.
Andrew J. Hill, Jr., Lavonia, James H. Wood, Jefferson, Margaret N. Dyal, Lavonia, for appellee.
[162 Ga.App. 793] McMURRAY, Presiding Judge.
This is the second appearance of this case in this court. See Hodsdon v. Whitworth, 153 Ga.App. 783, 266 S.E.2d 561, wherein the direction of a verdict in favor of the defendants was reversed by this court.
The case involves a suit for damages in three counts. In Count 1 plaintiff alleged a conspiracy and attempt to wrongfully foreclose a deed to secure debt wherein it contained no power of sale. Plaintiff sought general and punitive damages and attorney fees. Count 2 alleged the publication of the foreclosure advertisement with the knowledge of its falsity, injured plaintiff in his trade and business and was therefore libelous. General and punitive damages and attorney fees were sought in this count. Count 3 sought damages for the invasion of his right of privacy, likewise seeking general and punitive damages and attorney fees.
Our rulings in Divisions 1, 2 and 3 of Hodsdon v. Whitworth, supra, with reference to the original trial in which a directed verdict was granted was that there had been an illegal foreclosure and the issue of damages as to plaintiff's reputation, invasion of privacy and libel remained for jury determination and as to whether or not the indebtedness was prematurely accelerated, that is, "whether or not the grantor [the plaintiff] had been given 30 days written notice of the grantee's election to declare the debt in default giving the grantor the opportunity to bring payments current and if said payments not be made grantor was to quitclaim to the grantee all of his remaining interest in the said property."
On the return of remittitur the case was tried for the second time. At that time attention was called to the court by the defendants to the fact that this court had declared it to be an illegal foreclosure "in judicio" and the defendants then admitted "that it was an illegal foreclosure without malice," hence, the only issue was as to the damages, if any. The opposing counsel objected to the language "malice," the plaintiff contending it was an "intentional, wrongfully illegal foreclosure." The purpose of the admission by the defendants was to obtain the opening and concluding argument. The plaintiff argued that since he had the burden of proving damages, the plaintiff had the right to open and conclude. Thereupon, the defendants admitted not only that there was an illegal foreclosure, but that the advertisement...
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Bullard v. Dalkon Shield Claimants Trust, Civ. No. B-92-882.
..."normally develop over long periods of time after multiple exposures to offending substances which are thought to be causative agents." 293 S.E.2d at 70. The underlying theme evidenced throughout the opinion was the court's concern that occupational disease present extraordinary problems be......
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E. Prop. Dev. LLC v. Gill, No. 13-10219
...admit "every material allegation which would authorize the plaintiff[s] to recover without proof on [their] part." Hodsdon v. Whitworth, 293 S.E.2d 70, 72 (Ga. Ct. App. 1982). Further, the plaintiffs still had the burden to prove Gill's misconduct caused damages and the amount of damages. I......
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Hodsdon v. Whitworth, No. 69169
...was subjected to a wrongful foreclosure. Hodsdon v. Whitworth, 153 Ga.App. 783, 787, 266 S.E.2d 561. See also Hodsdon v. Whitworth, 162 Ga.App. 793, 293 S.E.2d In plaintiff's complaint he is seeking general damages, punitive damages and attorney fees based upon various causes of action deri......
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International Indem. Co. v. Coachman, No. 72267
...turns upon Page 232 the question of evidence, that is, involves the question upon whom the burden of proof rests." Hodsdon v. Whitworth, 162 Ga.App. 793, 794(1), 293 S.E.2d 70 (1982). We note at the outset that whether the insurer is legally required to assume the burden of proof as to "goo......
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Bullard v. Dalkon Shield Claimants Trust, Civ. No. B-92-882.
..."normally develop over long periods of time after multiple exposures to offending substances which are thought to be causative agents." 293 S.E.2d at 70. The underlying theme evidenced throughout the opinion was the court's concern that occupational disease present extraordinary problems be......
-
E. Prop. Dev. LLC v. Gill, No. 13-10219
...admit "every material allegation which would authorize the plaintiff[s] to recover without proof on [their] part." Hodsdon v. Whitworth, 293 S.E.2d 70, 72 (Ga. Ct. App. 1982). Further, the plaintiffs still had the burden to prove Gill's misconduct caused damages and the amount of damages. I......
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Hodsdon v. Whitworth, No. 69169
...was subjected to a wrongful foreclosure. Hodsdon v. Whitworth, 153 Ga.App. 783, 787, 266 S.E.2d 561. See also Hodsdon v. Whitworth, 162 Ga.App. 793, 293 S.E.2d In plaintiff's complaint he is seeking general damages, punitive damages and attorney fees based upon various causes of action deri......
-
International Indem. Co. v. Coachman, No. 72267
...turns upon Page 232 the question of evidence, that is, involves the question upon whom the burden of proof rests." Hodsdon v. Whitworth, 162 Ga.App. 793, 794(1), 293 S.E.2d 70 (1982). We note at the outset that whether the insurer is legally required to assume the burden of proof as to "goo......