2021 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 9 - General Civil Forms
- Standard forms for use in probate court proceedings, Uniform Rules for the Probate Courts, Rule 21.
Editor's notes.- The forms contained in this article are an updated version of the "Jack Jones Forms," which continue to satisfy pleading requirements.
JUDICIAL DECISIONS
It was unquestionably the intention of legislature to authorize all actions of slander to be brought under the forms prescribed by this article and it is only necessary for the plaintiff to declare according to the form dictated by law, and everything else may be supplied by the proof. Dickey v. Brannon, 118 Ga. App. 33, 162 S.E.2d 827 (1968).
Plaintiff in trover action not required to use forms.
- While the "Jack Jones Forms" are statutory in origin, trover is not, and a plaintiff in an action in trover is not required to use the statutory or "Jack Jones Form." McCoy v. Romy Hammes Corp., 99 Ga. App. 513, 109 S.E.2d 807 (1959).
Prayer for process to issue requiring defendant to answer at time not required by law quashable.
- Prayer in petition for process to issue requiring a defendant to answer at a time other than the time provided by law (in this case, that defendant answer at the next term of court, in accordance with the "Jack Jones Forms") is defective, and process issued thereon is subject to a motion to quash whether the process actually issued is in accordance with the law or in accordance with the prayer. McCoy v. Romy Hammes Corp., 99 Ga. App. 513, 109 S.E.2d 807 (1959).
The "Jack Jones Forms" which were enacted into law in 1847 can continue to be used because they meet the requirement of giving "a short and plain statement of the claim showing that the pleader is entitled to relief" as provided in Ga. L. 1967, p. 226, § 8 (see O.C.G.A. § 9-11-8(a)(2)(A)). Hunt v. Denby, 128 Ga. App. 523, 197 S.E.2d 489 (1973).
