Borenstein v. Blumenfeld

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[C]onsent to try the [fraud] issue cannot be implied from the . . . failure to object to fraud evidence, where such evidence was also relevant to other issues properly pleaded”
• after the commencement of the trial and the taking of evidence, a party may amend his pleading only by leave of court or by written consent of the adverse party
• where evidence admissible for one issue raised in the pleadings, such evidence cannot be treated as a waived objection to allow it to amend the pleadings for an issue not pled

Source: CourtListener parenthetical corpus (CC0).

Cited by

15 cases in this archive cite this case.

• Preferred Risk Insurance v. Boykin
  Court of Appeals of Georgia· 1985-03-07· cited 45×
• Dildine v. Town & Country Truck Sales, Inc.
  Court of Appeals of Georgia· 2003-02-18· cited 25×
• Kievman v. Kievman
  Supreme Court of Georgia· 1991-02-01· cited 15×
• Regency Club v. Stuckey
  Supreme Court of Georgia· 1984-11-16· cited 12×
• Dean v. Morsman
  Supreme Court of Georgia· 1985-03-15· cited 12×
• Brackett v. Cartwright
  Court of Appeals of Georgia· 1998-03-24· cited 11×
• Bloom v. Camp
  Court of Appeals of Georgia· 2016-04-21· cited 8×
• Horton v. Horton
  Supreme Court of Georgia· 1997-11-17· cited 7×
• FRAZEN v. DOWNTOWN DEVELOPMENT AUTHORITY OF ATLANTA
  Supreme Court of Georgia· 2020-06-29· cited 7×
• American Southern Insurance Group, Inc. v. Goldstein
  Court of Appeals of Georgia· 2008-03-26· cited 5×
• Burchard v. Corrington
  Supreme Court of Georgia· 2010-09-20· cited 2×
• Fussell Sheet Metal, Inc. v. Artistic Construction & Landscaping, Inc.
  Court of Appeals of Georgia· 1985-04-23· cited 1×
• Bowen v. Cochran
  Court of Appeals of Georgia· 2001-11-15· cited 1×
• In re: Estate of Willette Bonita Carnahan
  Court of Appeals of Tennessee· 2000-11-15
• Thompson v. Pineview Peanut Co.
  Court of Appeals of Georgia· 2003-10-02

Cites

2 cases in this archive are cited by this case.

• Ware v. Hill
  Supreme Court of Georgia· 1952-06-10· cited 12×
• McLendon Electric Co. v. McDonough Construction Co.
  Court of Appeals of Georgia· 1978-02-08· cited 12×