2021 Georgia Code
Title 5 - Appeal and Error
Chapter 3 - Appeals to Superior or State Court
Article 2 - Procedure
§ 5-3-29. De Novo Investigation

An appeal to the superior court in any case where not otherwise provided by law is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case.

(Orig. Code 1863, § 3548; Code 1868, § 3571; Code 1873, § 3627; Code 1882, § 3627; Civil Code 1895, § 4469; Civil Code 1910, § 5014; Code 1933, § 6-501; Ga. L. 1972, p. 738, § 8; Ga. L. 1983, p. 884, § 3-1; Ga. L. 1986, p. 982, § 2.)

- Ga. L. 1986, p. 982, § 25, not codified by the General Assembly, provided that that Act would apply to all cases filed on or after July 1, 1986.

- For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986).

ANALYSIS

• General Consideration
• Effect of Appeal on Inferior Court's Judgment
• Scope of Appeal
• Procedural Issues

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Justices of the Peace, §§ 50, 51.

- 5 C.J.S., Appeal and Error, § 886 et seq.

- Review on appeal of evidence as to genuineness of disputed documents, 6 A.L.R. 507; 12 A.L.R. 212; 27 A.L.R. 319.

May new trial or reversal for error as to measure of damages against one or more of the parties be restricted to those parties, 32 A.L.R. 255.

First decision of intermediate court as law of the case on appeal to court of last resort from subsequent decision, 41 A.L.R. 1078; 118 A.L.R. 1286.

Evidence erroneously stricken out as proper for consideration by appellate court to sustain finding or verdict, 152 A.L.R. 371.

Propriety and prejudicial effect of prosecutor's remarks as to victim's age, family circumstances, or the like, 50 A.L.R.3d 8.