2020 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 1 - General Provisions
§ 9-10-4. Trial of Collateral Issues
All collateral issues in the superior, state, or city courts, unless otherwise directed by law, shall be tried by jury.
(Orig. Code 1863, § 3532; Code 1868, § 3555; Code 1873, § 3612; Code 1882, § 3612; Civil Code 1895, § 4948; Civil Code 1910, § 5525; Code 1933, § 81-1010.)
Cross references.- Right to trial by jury generally, Ga. Const. 1983, Art. I, Sec. I, Para. XI, and § 9-11-38.
JUDICIAL DECISIONS
Traverse of defendant's answer in garnishment action is not a collateral issue. Strickland v. Maddox, 4 Ga. 393 (1848).
Issue upon which the merits of the principal cause depends is not a collateral issue under this section. Mason & Dickinson v. Croom, 24 Ga. 211 (1858) (see O.C.G.A. § 9-10-4).
Motion to dismiss on ground that plaintiff was non compos mentis is collateral issue.
- When a motion is made to dismiss based on the contention that the evidence showed the plaintiff to be absolutely non compos mentis when the action was filed and also at the time of the trial, the court may refer this collateral issue to the jury. Central of Ga. Ry. v. Harper, 124 Ga. 836, 53 S.E. 391 (1906).
RESEARCH REFERENCES
Am. Jur. 2d.
- 47 Am. Jur. 2d, Jury, § 16.
C.J.S.- 50 C.J.S., Juries, §§ 7, 16, 28 et seq., 47, 50 et seq., 61, 68, 75, 77, 124 et seq.
