385 S.E.2d 413 IN THE MATTER OF MARTIN G. COX. SUPREME COURT DISCIPLINARY NOS. 448, 460, 754.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1989. PER CURIAM. Martin G. Cox petitioned the State Disciplinary Board for voluntary suspension of his license to practice law for a period of two years and, following the suspension, that a […]
Category: Georgia Supreme Court Opinions
JACKSON v. STATE, 282 Ga. 494 (2007)
651 S.E.2d 702 JACKSON v. THE STATE. No. S07A0824.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. SEARS, Chief Justice. The appellant, Shelton Jackson, appeals from his conviction of numerous crimes, including malice murder, stemming from the shooting death of Grant Reynolds.[1] On appeal, Jackson contends, Page 495 among other things, that his trial counsel provided […]
PERKINS v. STATE, 260 Ga. 292 (1990)
392 S.E.2d 872 PERKINS v. THE STATE. S90A0227.Supreme Court of Georgia. DECIDED JULY 5, 1990. SMITH, Presiding Justice. The appellant, Carey Earl Perkins, was indicted for the malice murder of Donald Estes, two counts of aggravated assault and one count of simple battery committed upon Marsha Perkins and two counts of possession of a firearm […]
CABREL v. LUM, 289 Ga. 233 (2011)
710 S.E.2d 810 CABREL v. LUM et al.; and vice versa. Nos. S11A0212, S11X0214.Supreme Court of Georgia. DECIDED MAY 31, 2011. BENHAM, Justice. Appellant/cross-appellee Aline Cabrel is the surviving spouse of Lucien Cabrel, who died in December 1963; appellees/cross-appellants Ramona Lum and Mary Jamelia Griffin are the adult daughters of Aline and Lucien Cabrel. Mrs. […]
PALMER v. MANN, 206 Ga. 144 (1949)
56 S.E.2d 467 PALMER v. MANN et al. 16817.Supreme Court of Georgia. NOVEMBER 14, 1949. The defendant’s demurrers to the petition were properly overruled. The evidence supports the verdict for the plaintiffs, and it was not error to overrule the motion for new trial as amended. No. 16817. NOVEMBER 14, 1949. Complaint for land. Before […]
IN THE MATTER OF DENHARDT, 277 Ga. 528 (2004)
591 S.E.2d 819 IN THE MATTER OF EDDIE LEE DENHARDT. S04Y0509.Supreme Court of Georgia. DECIDED JANUARY 12, 2004. PER CURIAM. This matter is before the Court on the Report and Recommendation of the Special Master in which he recommends that Respondent Eddie Lee Denhardt be disbarred for his violation of Rule 8.4 (a) (2) of […]
REYNOLDS v. STATE, 231 Ga. 582 (1974)
203 S.E.2d 214 REYNOLDS v. THE STATE. 28411.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1973. DECIDED JANUARY 9, 1974. NICHOLS, Justice. Larry Eugene Reynolds was tried and convicted on three counts of armed robbery and two counts of carrying a pistol illegally. Prior to trial a motion to suppress certain evidence was overruled and upon the […]
COFER v. DUNN, 234 Ga. 756 (1975)
218 S.E.2d 10 COFER v. DUNN. 29976.Supreme Court of Georgia.ARGUED JUNE 11, 1975. DECIDED JULY 1, 1975. REHEARING DENIED JULY 10, 1975. INGRAM, Justice. Although a majority of this court does not necessarily agree with the interpretation of Code Ann. § 92A-608 by the Court of Appeals reported in Dunn v. Cofer, 134 Ga. App. […]
EAST v. MAYOR c. OF WRIGHTSVILLE, 217 Ga. 846 (1962)
126 S.E.2d 407 EAST et al. v. MAYOR c. OF WRIGHTSVILLE et al. 21579.Supreme Court of Georgia.ARGUED MARCH 12, 1962. DECIDED MAY 14, 1962. 1. The petition, charging illegal encroachment upon a public alley, was not subject to general demurrer. 2, 3. There being evidence in support of the petition, the defendants’ motion for judgment […]
AMIN v. GURUOM, INC., S06A0307 (Ga. 6-12-2006)
AMIN et al. v. GURUOM, INC. S06A0307Supreme Court of Georgia. DECIDED: JUNE 12, 2006 BENHAM, Justice. Appellants Vanlila and Kirit Amin filed a petition to quiet title to a .529-acre parcel of land in Henry County, and sought reformation of certain deeds in order to have the deeds reflect appellants’ ownership of the .529-acre parcel. […]
WALTON v. JOHNSON, 213 Ga. 108 (1957)
97 S.E.2d 310 WALTON v. JOHNSON. 19558.Supreme Court of Georgia.ARGUED JANUARY 16, 1957. DECIDED FEBRUARY 12, 1957. REHEARING DENIED MARCH 13, 1957. 1. Contentions of a party in pleadings, unsupported by evidence, are insufficient to make an issue for consideration by the jury. 2. The contentions of the defendant in his bill of exceptions with […]
MAR-PAK MICHIGAN, INC. v. POINTER, 226 Ga. 189 (1970)
173 S.E.2d 206 MAR-PAK MICHIGAN, INC. et al. v. POINTER. 25560.Supreme Court of Georgia.ARGUED DECEMBER 9, 1969. DECIDED FEBRUARY 5, 1970. REHEARING DENIED MARCH 5, 1970. FRANKUM, Justice. “No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified […]
GRESHAM v. SMITH, 226 Ga. 290 (1970)
174 S.E.2d 420 GRESHAM v. SMITH, Warden. 25718.Supreme Court of Georgia.SUBMITTED MARCH 11, 1970. DECIDED APRIL 9, 1970. FELTON, Justice. 1. The 1967 case of Whitus v. Georgia, 385 U.S. 545 (87 S.C. 643, 17 L.Ed.2d 599), will not be given retroactive active application in this case in which no challenge to the array of […]
BROWN v. CITY OF BRUNSWICK, 210 Ga. 738 (1954)
83 S.E.2d 12 BROWN et al. v. CITY OF BRUNSWICK et al. 18599.Supreme Court of Georgia.ARGUED JUNE 14, 1954. DECIDED JULY 13, 1954. The allegations of the petition failed to state a cause of action against the defendants or any one of them for the relief sought thereby. Hence the court did not err, as […]
WALTER v. STATE, 256 Ga. 666 (1987)
352 S.E.2d 570 WALTER v. THE STATE. 44053.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1987. GREGORY, Justice. Randall Dean Walter was convicted of malice murder for the shooting death of his wife, Judy.[1] He was sentenced to life imprisonment. Page 667 We affirm. Judy and Randall Walter were married eleven years and had one son, […]
NORTH BY NORTHWEST c. ASSN. v. CATES, 241 Ga. 39 (1978)
243 S.E.2d 32 NORTH BY NORTHWEST CIVIC ASSOCIATION, INC. et al. v. CATES et al. 32958.Supreme Court of Georgia.ARGUED NOVEMBER 16, 1977. DECIDED FEBRUARY 22, 1978. REHEARING DENIED MARCH 28, 1978. MARSHALL, Justice. The appellants, an association of property owners in northwest Atlanta and an arbitrator appointed by the association and by one of the […]
PEARLMAN v. PEARLMAN, 238 Ga. 259 (1977)
232 S.E.2d 542 PEARLMAN v. PEARLMAN. 31584.Supreme Court of Georgia.ARGUED OCTOBER 12, 1976. DECIDED JANUARY 28, 1977. NICHOLS, Chief Justice. The appeal in this case arises as a result of a divorce and alimony action which originated in Lowndes Superior Court. The wife sued her husband for divorce upon the single ground that the marriage […]
SOUTHERN PAN SHORING COMPANY v. JACKSON, 259 Ga. 260 (1989)
378 S.E.2d 854 SOUTHERN PAN SHORING COMPANY et al. v. JACKSON. 46300.Supreme Court of Georgia. DECIDED MAY 4, 1989. RECONSIDERATION DENIED MAY 31, 1989. WELTNER, Justice. The facts of this case are set forth fully in Jackson v. Southern Pan Shoring Co., 258 Ga. 401 (369 S.E.2d 239) (1988). Jackson attempted to exercise a stock […]
JOHNSON v. MAYOR c. OF CARROLLTON, 249 Ga. 173 (1982)
288 S.E.2d 565 JOHNSON v. MAYOR CITY COUNCIL OF THE CITY OF CARROLLTON et al. 37839.Supreme Court of Georgia. DECIDED MARCH 11, 1982. SMITH, Justice. Appellant, James M. Johnson, appeals from the denial of his motion to set aside the judgment entered in an equitable interpleader action. For reasons which follow, we reverse. On November […]
POOLE v. STEWART, 228 Ga. 548 (1972)
186 S.E.2d 864 POOLE v. STEWART. 26894.Supreme Court of Georgia.SUBMITTED DECEMBER 13, 1971. DECIDED JANUARY 6, 1972. GRICE, Justice. This appeal is from the denial of the writ of habeas corpus and involves two questions, to wit: whether the Sixth Amendment guarantees of the United States Constitution (Code § 1-806), as to (1) the right […]
PARKS v. STATE, 275 Ga. 591 (2002)
571 S.E.2d 389 PARKS v. THE STATE. S02A0815.Supreme Court of Georgia. Decided October 15, 2002 SEARS, Presiding Justice. Appellant Rasool Parks appeals his felony murder convictions and resulting life sentences.[1] Finding that the evidence supported both the trial court’s jury charge on conspiracy and the jury’s verdicts of guilty, we affirm. Appellant, along with co-defendants […]
NOLAN ROAD WEST, Ltd. v. PNC REALTY HOLDING, 274 Ga. 742 (2002)
559 S.E.2d 447 NOLAN ROAD WEST, Ltd. v. PNC REALTY HOLDING CORPORATION OF GEORGIA, et al. No. S01G0766.Supreme Court of Georgia. DECIDED: FEBRUARY 4, 2002. SEARS, Presiding Justice. We granted certiorari to review Division 2 of the Court of Appeals’s decision in Nolan Road West, Ltd. v. PNC Realty HoldingCorp.[1] More specifically, we are concerned […]
MASSELL v. LEATHERS, 229 Ga. 503 (1972)
192 S.E.2d 379 MASSELL et al. v. LEATHERS et al. 27340.Supreme Court of Georgia.ARGUED JULY 11, 1972. DECIDED SEPTEMBER 7, 1972. REHEARING DENIED SEPTEMBER 25, 1972. MOBLEY, Chief Justice. This is an appeal from a judgment of the Superior Court of Fulton County restraining and enjoining the appellants from refusing to issue the appellees a […]
ROGERS v. DEKALB COUNTY, ETC., 269 Ga. 31 (1998)
495 S.E.2d 33 ROGERS v. DEKALB COUNTY BOARD OF TAX ASSESSORS. S97A1812.Supreme Court of Georgia. DECIDED FEBRUARY 2, 1998. HINES, Justice. This is a challenge to the constitutionality of OCGA §48-5-16(e).[1] Rogers, a certified public accountant, was assessed by DeKalb County for the 1996 ad valorem property taxes on his aircraft. The aircraft was hangared […]
DAVENPORT v. DAVENPORT, 210 Ga. 687 (1954)
82 S.E.2d 654 DAVENPORT v. DAVENPORT. 18585.Supreme Court of Georgia.ARGUED MAY 10, 1954. DECIDED MAY 31, 1954. The court erred in overruling the demurrer to the plea of res judicata, and in dismissing the petition for permanent alimony. ARGUED MAY 10, 1954 — DECIDED MAY 31, 1954. Alimony. Before Judge Mundy. Polk Superior Court. February […]
SROCHI v. POSTELL, 206 Ga. 59 (1949)
55 S.E.2d 603 SROCHI et al. v. POSTELL. 16788.Supreme Court of Georgia. OCTOBER 11, 1949. For reasons stated in the opinion, the petition as amended did not state a cause of action for the relief prayed and, that being true, the court did not err in dismissing the petition on general demurrer. No. 16788. OCTOBER […]
YOUNG v. MARTIN, 225 Ga. 173 (1969)
167 S.E.2d 139 YOUNG v. MARTIN, Sheriff. 25038.Supreme Court of Georgia.SUBMITTED FEBRUARY 10, 1969. DECIDED FEBRUARY 20, 1969. REHEARING DENIED MARCH 6, 1969. DUCKWORTH, Chief Justice. While two of the warrants of the State of North Carolina charge the crime of fraud, committed on the 24th day of May 1967, and the 26th day of […]
ROWELL v. ROWELL, 212 Ga. 584 (1956)
94 S.E.2d 425 ROWELL v. ROWELL (now JAMES). 19409.Supreme Court of Georgia.ARGUED JULY 9, 1956. DECIDED SEPTEMBER 7, 1956. WYATT, Presiding Justice. William A. Rowell brought a petition or motion to change the custody of a minor child, Douglas Rowell, against Annie Crawford Rowell (now James), seeking to obtain the custody of the child. The […]
HARGROVE v. STATE, 253 Ga. 450 (1984)
321 S.E.2d 104 HARGROVE et al. v. THE STATE. 40938.Supreme Court of Georgia. DECIDED OCTOBER 2, 1984. REHEARING DENIED OCTOBER 30, 1984. CLARKE, Justice. Appellants Hargrove, Kelly and Swetman were indicted for the offenses of dogfighting, gambling and commercial gambling. The jury convicted each of them of dogfighting and gambling and convicted Hargrove and Swetman […]
PRICE v. STATE, 259 Ga. 834 (1990)
388 S.E.2d 857 PRICE v. THE STATE. S89A0385.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1990. HUNT, Justice. Charles Marquette Price was indicted along with three others for malice murder, felony murder, armed robbery, aggravated assault, and aggravated assault with intent to rob, arising out of the murder and armed robbery of a convenience store employee […]
FLAHERTY v. POYTHRESS, 263 Ga. 178 (1993)
432 S.E.2d 103 FLAHERTY v. POYTHRESS. S93A0396.Supreme Court of Georgia. DECIDED JUNE 14, 1993. PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Sears-Collins, J., who dissents; Hunt, P. J., and Benham, J., not participating. SEARS-COLLINS, Justice, dissenting. The power of this Court rests in large part in its […]
LAWSON v. STATE, 274 Ga. 866 (2002)
561 S.E.2d 72 LAWSON v. THE STATE. S02A0151.Supreme Court of Georgia. DECIDED: MARCH 11, 2002. HUNSTEIN, Justice. Jesse Christopher Lawson was convicted of felony murder in the beating death of Hollis Goddard. He appeals from the denial of his motion for new trial[1] asserting that the evidence was insufficient to support his conviction and that […]
SELLERS v. HOME FURNISHING, 235 Ga. 831 (1976)
222 S.E.2d 34 SELLERS et al. v. HOME FURNISHING COMPANY, INC. et al. CHATHAM COUNTY HOSPITAL AUTHORITY v. SELLERS et al. 30459, 30460.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1975. DECIDED JANUARY 7, 1976. HALL, Justice. Appellants brought suit for a declaratory judgment and permanent injunction on behalf of themselves and all others similarly situated seeking […]
LAMB v. BENNETT, 284 Ga. 810 (2009)
671 S.E.2d 506 LAMB v. BENNETT. No. S08A2006.Supreme Court of Georgia. DECIDED JANUARY 12, 2009. BENHAM, Justice. Petitioner Clyde Lamb is confined in lieu of bond in the Glynn County Detention Center in the custody of appellee Sheriff Wayne Page 811 Bennett while he awaits trial on charges of theft by taking and theft by […]
UPTON v. JOHNSON, 282 Ga. 600 (2007)
652 S.E.2d 516 UPTON v. JOHNSON. No. S07A1089.Supreme Court of Georgia. DECIDED OCTOBER 29, 2007. BENHAM, Justice. This appeal is from the grant of habeas corpus relief based on ineffective assistance of counsel, specifically on the failure to research double jeopardy issues and the provision of incorrect advice on Page 601 that subject, leading to […]
WHITLOCK v. MICHAEL, 208 Ga. 229 (1951)
65 S.E.2d 797 WHITLOCK et al. executors, v. MICHAEL. 17494.Supreme Court of Georgia.ARGUED JUNE 11, 1951. DECIDED JULY 10, 1951. CANDLER, Justice. 1. The Code, § 110-104, declares: “Where there is no conflict in the evidence, and that introduced, with all reasonable deductions or inferences therefrom, shall demand a particular verdict, the court may direct […]
HAYES v. HALLMARK APTS., 232 Ga. 307 (1974)
207 S.E.2d 197 HAYES et al. v. HALLMARK APARTMENTS et al. 28438.Supreme Court of Georgia.ARGUED JANUARY 14, 1974. DECIDED MAY 7, 1974. REHEARING DENIED MAY 28, 1974. JORDAN, Justice. This is an appeal from the denial of the appellant’s motion to dismiss a five-count complaint and for summary judgment, accompanied by a certificate for immediate […]
COBB v. DUTTON, 222 Ga. 11 (1966)
148 S.E.2d 399 COBB v. DUTTON, Warden. 23399.Supreme Court of Georgia.ARGUED MARCH 15, 1966. DECIDED MARCH 22, 1966. CANDLER, Presiding Justice. On October 7, 1960, two indictments were returned against Alonzo Cobb, Jr. in Fulton County Each contained 6 counts charging him with separate acts of burglary. On November 16, 1960, he plead guilty to […]
HAMILTON v. STATE, 235 Ga. 478 (1975)
220 S.E.2d 6 HAMILTON v. THE STATE. 30341.Supreme Court of Georgia.SUBMITTED SEPTEMBER 19, 1975. DECIDED OCTOBER 28, 1975. PER CURIAM. William Hamilton, Jr., was indicted for armed robbery, aggravated assault, carrying a concealed weapon and carrying a pistol without a license. He was convicted of armed robbery and aggravated assault and sentenced to serve consecutively […]
LAMB v. STATE, 267 Ga. 41 (1996)
472 S.E.2d 683 LAMB v. THE STATE. S96A0982.Supreme Court of Georgia. DECIDED JULY 15, 1996. THOMPSON, Justice. Although we affirmed defendant’s conviction for felony murder and possession of a firearm during the commission of a crime, Lamb v. State, 263 Ga. 118 (428 S.E.2d 349) (1993), we remanded for a hearing and findings on defendant’s […]
CONTAINER CORP. v. CHARLTON COUNTY, 259 Ga. 389 (1989)
383 S.E.2d 105 CONTAINER CORPORATION OF AMERICA v. CHARLTON COUNTY et al. GILMAN PAPER COMPANY v. CHARLTON COUNTY et al. UNION CAMP CORPORATION et al. v. CHARLTON COUNTY et al. 46705, 46706, 46707.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1989. MARSHALL, Chief Justice. The appellants are owners of timberland in Charlton County. Dissatisfied with the […]
PRESTON v. STATE, 230 Ga. 665 (1973)
198 S.E.2d 678 PRESTON v. THE STATE. 27912.Supreme Court of Georgia.SUBMITTED MAY 15, 1973. DECIDED MAY 31, 1973. NICHOLS, Justice. Robert Lee Preston was indicted, convicted and sentenced to life imprisonment for the murder of James W. Whitley. Thereafter his motion for new trial based on the usual general grounds only was overruled and the […]
HALL v. LEE, 256 Ga. 807 (1987)
354 S.E.2d 832 HALL v. LEE. 44240.Supreme Court of Georgia. DECIDED MARCH 20, 1987. SMITH, Justice. This is an appeal in a habeas corpus action brought by the appellant to challenge her extradition to Louisiana. The court below denied relief finding the extradition documents to be in order. Since the extradition documents meet the requirements […]
BROGDON v. STATE, 255 Ga. 64 (1985)
335 S.E.2d 383 BROGDON v. THE STATE. 42238.Supreme Court of Georgia. DECIDED OCTOBER 22, 1985. BELL, Justice. Appellant Phillip Brogdon was convicted for the murder of Ronnie Lee Robinson. He was sentenced to life imprisonment. Brogdon Page 65 appeals, and we affirm.[1] At approximately noon on August 5, 1983, Brogdon visited Robinson’s motel room at […]
PACE v. STATE, 271 Ga. 829 (1999)
524 S.E.2d 490 PACE v. THE STATE S99P0647.Supreme Court of Georgia. DECIDED: DECEMBER 3, 1999 HINES, Justice. A jury convicted Lyndon Fitzgerald Pace of four counts of malice murder, four counts of felony murder, four counts of rape, and two counts of aggravated sodomy. The jury recommended a death sentence for each malice murder conviction […]
CHARLES F. NOYES COMPANY, INC. v. HADSELL, 220 Ga. 215 (1964)
138 S.E.2d 307 CHARLES F. NOYES COMPANY, INC. et al. v. HADSELL. 22538.Supreme Court of Georgia.ARGUED JULY 13, 1964. DECIDED SEPTEMBER 11, 1964. DUCKWORTH, Chief Justice. An individual and a corporation doing business as real estate brokers in another State, having jointly sued another individual in this State for a sum certain arising out of […]
OGLETREE v. INGRAM LEGRAND LUMBER CO., 208 Ga. 855 (1952)
69 S.E.2d 723 OGLETREE et al. v. INGRAM LEGRAND LUMBER CO. 17786.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1952. DECIDED MARCH 10, 1952. REHEARING DENIED MARCH 25, 1952. 1. An action for specific performance is subject to general demurrer where the contract relied upon is an exchange of telegrams, neither of which discloses the identify of […]
SAVAGE v. SAVAGE, 238 Ga. 16 (1976)
230 S.E.2d 851 SAVAGE v. SAVAGE (five cases). 31017, 31327, 31328, 31329, 31330.Supreme Court of Georgia.ARGUED APRIL 13, 1976. DECIDED NOVEMBER 23, 1976. PER CURIAM. These appeals are from orders entered by the Macon Superior Court in a divorce suit. Appeals have already been heard by this court from earlier orders in the same case. […]
STATE HIGHWAY DEPARTMENT v. HARRIS, 214 Ga. 521 (1958)
106 S.E.2d 19 STATE HIGHWAY DEPARTMENT v. HARRIS. 20203.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1958. DECIDED NOVEMBER 7, 1958. Equity will not, at the instance of one in possession of land, afford affirmative relief such as the grant of an injunction against interference with his possession, where it appears that he has no title, and […]
ARBY’S, INC. v. COOPER, 265 Ga. 240 (1995)
454 S.E.2d 488 ARBY’S, INC. v. COOPER. S94G1417.Supreme Court of Georgia. DECIDED MARCH 13, 1995. RECONSIDERATION DENIED MARCH 30, 1995. CARLEY, Justice. Arby’s, Inc. hired Russell Cooper and agreed to give him a compensation package consisting of a salary, bonus and benefits. After leaving his employment with Arby’s, Cooper brought suit to recover unpaid annual […]
BAKER v. STATE, 263 Ga. 79 (1993)
428 S.E.2d 340 BAKER v. THE STATE. S93A0622.Supreme Court of Georgia. DECIDED APRIL 19, 1993. CARLEY, Justice. After a jury trial, appellant was found guilty of the malice murder of his wife and sentenced to life. He was also found guilty of and sentenced for possession of a firearm during the commission of a crime […]
PONDER v. FULTON-DeKALB HOSP. AUTH., 256 Ga. 833 (1987)
353 S.E.2d 515 PONDER et al. v. FULTON-DeKALB HOSPITAL AUTHORITY; and vice versa. 43987, 43988.Supreme Court of Georgia. DECIDED MARCH 12, 1987. RECONSIDERATION DENIED MARCH 24, 1987. CLARKE, Presiding Justice. This appeal and cross-appeal arise out of a suit brought by Nellie Grace Ponder, individually and as mother and guardian of Walter Page 834 Lavar […]
IN MATTER OF WILLIAMSON, 257 Ga. 192 (1987)
357 S.E.2d 90 IN THE MATTER OF O. H. WILLIAMSON. SUPREME COURT DISCIPLINARY NO. 509.Supreme Court of Georgia. DECIDED JUNE 24, 1987. PER CURIAM. A complaint was filed with the State Bar against respondent, O. H. Williamson, alleging that he agreed to represent the complainant in a legal matter and accepted a retainer fee; however, […]
NEWTON v. ALLEN, 220 Ga. 681 (1965)
141 S.E.2d 417 NEWTON et al. v. ALLEN. 22815.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1965. DECIDED MARCH 3, 1965. The purported lease contract was void for lack of a sufficient description of the lands on which the timber stands, and therefore the trial court was correct in overruling the general demurrer to the petition. SUBMITTED […]
SAINT v. WILLIAMS, 287 Ga. 746 (2010)
699 S.E.2d 312 SAINT et al. v. WILLIAMS. No. S10A0982.Supreme Court of Georgia. DECIDED JULY 12, 2010. RECONSIDERATION DENIED SEPTEMBER 20, 2010. THOMPSON, Justice. Evelyn Lever died testate in 1986. At the time of her death, she owned approximately two acres of real estate in Columbia County. Pursuant to her will and an attached, incorporated […]
SANDERS v. VAUGHN, 223 Ga. 274 (1967)
154 S.E.2d 616 SANDERS v. VAUGHN et al. 23977.Supreme Court of Georgia.SUBMITTED MARCH 13, 1967. DECIDED APRIL 6, 1967. COOK, Justice. 1. “A contract which is required by the statute of frauds to be in writing, and which is therefore put in writing, can not be modified by a subsequent agreement in parol.” Gulf Oil […]
LANGENBACK v. MAYS, 205 Ga. 706 (1949)
54 S.E.2d 401 LANGENBACK et al. v. MAYS et al; et vice versa. 16695, 16714.Supreme Court of Georgia. JULY 14, 1949. REHEARING DENIED JULY 27, 1949. 1. A distinct collateral oral agreement, not inconsistent with a written contract, is not necessarily merged therein, and one contract may be the consideration of another, the inducement to […]
HARDWICK v. STATE, 231 Ga. 181 (1973)
200 S.E.2d 728 HARDWICK v. THE STATE. 28110.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1973. DECIDED OCTOBER 4, 1973. 1. Where a conviction is set aside upon a petition for writ of habeas corpus and the judgment directs that the prisoner be retried, such retrial does not amount to double jeopardy. 2. Where more than one […]
FIRST NATIONAL BANK OF TUCKER v. COBB, 248 Ga. 346 (1981)
285 S.E.2d 186 FIRST NATIONAL BANK OF TUCKER et al. v. COBB et al. 37572.Supreme Court of Georgia. DECIDED OCTOBER 20, 1981. Judgment of the trial court is affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED OCTOBER 20, 1981. Equity. DeKalb Superior Court. Before Judge Blackshear, Senior Judge. Somers Altenbach, Fred […]
LEWIS v. STATE, 270 Ga. 891 (1999)
515 S.E.2d 382 LEWIS v. THE STATE. S99A0354.Supreme Court of Georgia. DECIDED: APRIL 12, 1999. SEARS, Justice. Appellant Richard Cornelius Lewis shot and killed Tommy Page 892 Johnson outside a nightclub in Albany.[1] Witnesses testified that prior to the shooting, there had been a heated exchange of words between the victim and one of appellant’s […]
MATHIS v. HOLCOMB, 215 Ga. 488 (1959)
111 S.E.2d 50 MATHIS v. HOLCOMB et al. 20595.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1959. DECIDED OCTOBER 13, 1959. REHEARING DENIED NOVEMBER 4, 1959. MOBLEY, Justice. The plaintiffs filed their petition in the Superior Court of Rabun County in 1956, seeking to enjoin the defendant from interfering with their use of an alleged private way, […]
CHITTY v. McRAE, 241 Ga. 287 (1978)
244 S.E.2d 876 CHITTY v. McRAE. 33316.Supreme Court of Georgia.ARGUED MARCH 13, 1978. DECIDED MAY 2, 1978. MARSHALL, Justice. The governing authority of Lowndes County is the Board of Commissioners of Roads Revenues, established by Ga. L. 1945, pp. 636-647. The chief executive officer of the county and administrative head of county government is the […]
BAILEY v. STATE, 224 Ga. 48 (1968)
159 S.E.2d 286 BAILEY v. THE STATE. 24437.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1968. DECIDED JANUARY 18, 1968. MOBLEY, Justice. On November 9, 1967, John W. Bailey filed a notice of appeal from a judgment dated September 29, 1967, sustaining a motion to dismiss his “motion extraordinary” to vacate and set aside his conviction of […]
IN THE MATTER OF HAYWOOD, 269 Ga. 755 (1998)
507 S.E.2d 432 IN THE MATTER OF WILLIAM THOMAS HAYWOOD. S98Y1434.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. PER CURIAM. The State Bar filed a Notice of Discipline against William Thomas Haywood alleging violations of Standards 3 (illegal professional conduct involving moral turpitude); 4 (professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation); 22 (b) […]
BELL v. HOPPER, 237 Ga. 189 (1976)
227 S.E.2d 41 BELL v. HOPPER. 31174.Supreme Court of Georgia.ARGUED JUNE 14, 1976. DECIDED JUNE 24, 1976. REHEARING DENIED JULY 8, 1976. HILL, Justice. This is a habeas corpus case in which we granted a certificate of probable cause to appeal. Our primary concern was and is that the judicial branch of government is without […]
REVELS v. TIFT COUNTY, 235 Ga. 333 (1975)
219 S.E.2d 445 REVELS v. TIFT COUNTY, GEORGIA et al. (two cases). 30277, 30278.Supreme Court of Georgia.SUBMITTED SEPTEMBER 4, 1975. DECIDED OCTOBER 1, 1975. JORDAN, Justice. These appeals are from judgments dismissing the complaints of the appellants. Mrs. Daisy Lucille Revels sued Tift County, the members of its board of commissioners in their official capacities, […]
BARRETT v. BARRETT, 215 Ga. 697 (1960)
113 S.E.2d 118 BARRETT v. BARRETT. 20733.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1960. DECIDED FEBRUARY 11, 1960. CANDLER, Justice. William L. Barrett and Doris Virginia Barrett received a divorce on June 14, 1957. In August, 1959, William L. Barrett brought his petition seeking to modify the alimony decree rendered in the divorce case, alleging a […]
SUTHERLAND v. WOODRING, 216 Ga. 621 (1961)
118 S.E.2d 482 SUTHERLAND v. WOODRING, by Next Friend. 21122.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1961. DECIDED FEBRUARY 9, 1961. REHEARING DENIED FEBRUARY 23, 1961. The defendant in a civil case is entitled to the opening and concluding arguments where the plaintiff’s counsel calls him to the stand for the purpose of cross-examination, and where, […]
SMITH v. COMMERCIAL UNION ASSUR. CO., 246 Ga. 50 (1980)
268 S.E.2d 632 SMITH v. COMMERCIAL UNION ASSURANCE COMPANY. 36040.Supreme Court of Georgia.ARGUED APRIL 14, 1980. DECIDED JUNE 9, 1980. REHEARING DENIED JUNE 24, 1980. NICHOLS, Justice. This court granted certiorari to review the decision of the Court of Appeals in Smith v. Commercial Union Assur. Co., 153 Ga. App. 38 (264 S.E.2d 530) (1980). […]
LONGSTREET v. LONGSTREET, 205 Ga. 255 (1949)
53 S.E.2d 480 LONGSTREET v. LONGSTREET. 16631.Supreme Court of Georgia. MAY 10, 1949. WYATT, Justice. 1. It is now the well-settled law of this State that, where there is more than one marriage, the law presumes the last marriage to be valid; and the burden is upon the one attacking it to overcome this presumption […]
IN THE MATTER OF J. DUNHAM McALLISTER, 265 Ga. 420 (1995)
456 S.E.2d 576 IN THE MATTER OF J. DUNHAM McALLISTER. S95Y0769.Supreme Court of Georgia. DECIDED MAY 8, 1995. RECONSIDERATION DENIED MAY 26, 1995. PER CURIAM. Between 1986 and 1991, 20 grievances were filed against Respondent alleging separate instances of misconduct during 1986 to 1989. Default judgments were entered in eight of those cases due to […]
MITCHELL v. STATE, 271 Ga. 242 (1999)
516 S.E.2d 782 MITCHELL v. THE STATE. S99A0095.Supreme Court of Georgia. DECIDED: JUNE 1, 1999. SEARS, Justice. Appellant Marlon Mitchell was convicted of felony murder and aggravated assault in the shooting death of Dane Clark.[1] On appeal, Mitchell contends, among other things, that the evidence is insufficient to support his convictions, and that the trial […]
BOWEN v. GRIFFITH, 258 Ga. 162 (1988)
366 S.E.2d 293 BOWEN v. GRIFFITH. 45405.Supreme Court of Georgia. DECIDED APRIL 7, 1988. WELTNER, Justice. Bowen filed an action based upon OCGA § 45-7-8 that sought to remove Griffith from his office as chairman of the board of commissioners of Oglethorpe County. The trial court dismissed the complaint on the ground that the controversy […]
BEYNES v. BROOKE, 219 Ga. 140 (1963)
132 S.E.2d 42 BEYNES, Executrix, et al. v. BROOKE, Executrix, et al. 22056.Supreme Court of Georgia.ARGUED JUNE 10, 1963. DECIDED JUNE 20, 1963. CANDLER, Justice. Louis S. Brooke, a residents of Fulton County, Georgia, executed his last will and testament on February 7, 1959, and died on April 5 of that year. He was survived […]
KEITH v. WHITEHEAD, 258 Ga. 142 (1988)
365 S.E.2d 435 KEITH et al. v. WHITEHEAD et al. 45287.Supreme Court of Georgia. DECIDED MARCH 10, 1988. RECONSIDERATION DENIED MARCH 30, 1988. PER CURIAM. The effort of private parties to widen a roadway without agreement of adjoining landowners may succeed only by acquisition of a private way, as provided in OCGA § 44-9-40 et […]
BOSS v. BASSETT FURNITURE INDUSTRIES, 249 Ga. 166 (1982)
288 S.E.2d 559 BOSS v. BASSETT FURNITURE INDUSTRIES OF NORTH CAROLINA, INC. et al. 38307.Supreme Court of Georgia. DECIDED MARCH 10, 1982. HILL, Presiding Justice. The Court of Appeals certified the following: “The Court of Appeals desires instructions from the Supreme Court upon the following questions, a determination of which is necessary for a decision […]
LEAGUE OF WOMEN VOTERS v. ATLANTA, 245 Ga. 301 (1980)
264 S.E.2d 859 LEAGUE OF WOMEN VOTERS OF ATLANTA-FULTON COUNTY, INC. et al. v. CITY OF ATLANTA et al. 35964.Supreme Court of Georgia.SUBMITTED JANUARY 22, 1980. DECIDED FEBRUARY 11, 1980. REHEARING DENIED FEBRUARY 26, 1980. MARSHALL, Justice. This is a continuation of City of Atlanta v. League of Women Voters, 244 Ga. 796 (1979). In […]
GOODMAN v. BLOUNT, 272 Ga. XXIV (2000)
541 S.E.2d 32 GOODMAN v. BLOUNT, Chief Judge et al. S00A1516.Supreme Court of Georgia. DECIDED: OCTOBER 10, 2000. PER CURIAM. The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. All the Justices concur.
ISAAC v. STATE, 263 Ga. 872 (1994)
440 S.E.2d 175 ISAAC v. THE STATE. S93A1615.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1994. CLARKE, Chief Justice. A month before her third birthday, Tiara Gray died of blunt force injuries to her head and abdomen.[1] The victim’s mother, Tina Gray, met appellant in late 1990 while both were stationed with the United States Army […]
POOLE v. STATE, 262 Ga. 668 (1993)
424 S.E.2d 275 POOLE v. THE STATE. S92A1286.Supreme Court of Georgia. DECIDED JANUARY 8, 1993. CLARKE, Chief Justice. The defendant, Gregston Poole, was convicted of the malice murder Page 669 of Christopher Brown and sentenced to life imprisonment.[1] From the evidence presented at trial, the jury was authorized to find that both the defendant and […]
SHARPE v. SAVANNAH RIVER LUMBER CORPORATION, 211 Ga. 570 (1955)
87 S.E.2d 398 SHARPE et al. v. SAVANNAH RIVER LUMBER CORPORATION. 18937.Supreme Court of Georgia.ARGUED APRIL 11, 1955. DECIDED MAY 9, 1955. 1. Where two clauses in a deed are entirely inconsistent, the former prevails. 2. The description in a deed will not be declared void if it furnishes a key whereby the lands may […]
LILLEY v. NIXON, 214 Ga. 548 (1958)
105 S.E.2d 716 LILLEY et al. v. NIXON. 20228.Supreme Court of Georgia.ARGUED OCTOBER 16, 1958. DECIDED NOVEMBER 7, 1958. The petition, by the owner of a tract of real estate, seeking to require two real-estate brokers, with whom the plaintiff had separate contracts to sell the property, to interplead and set up their claims for […]
KIRTON v. BIGGERS, 232 Ga. 223 (1974)
206 S.E.2d 33 KIRTON v. BIGGERS et al. 28686.Supreme Court of Georgia.ARGUED MARCH 11, 1974. DECIDED MAY 7, 1974. 1. The statute (Ga. L. 1972, p. 1114; Code Ann. § 92-6904), providing for dismissal of tax assessors “for cause shown,” implies the necessity of notice and hearing so as to satisfy the constitutional requirements of […]
RAYBURN v. STATE, 250 Ga. 657 (1983)
300 S.E.2d 499 RAYBURN v. THE STATE. 39356.Supreme Court of Georgia. DECIDED MARCH 1, 1983. SMITH, Justice. Elmer Rayburn appeals his conviction of criminal trespass in the State Court of Fulton County by a trial court sitting without a jury. He was charged with entering the downtown Atlanta Greyhound bus terminal after receiving a prior […]
WILLIAMS v. WILLIAMS, 241 Ga. 32 (1978)
243 S.E.2d 69 WILLIAMS v. WILLIAMS. 33289.Supreme Court of Georgia.SUBMITTED FEBRUARY 10, 1978. DECIDED MARCH 8, 1978. JORDAN, Justice. Appellant, Dudley Williams, and his wife, Ellen Louise Williams, each filed a petition for divorce against the other. The cases were tried together and after an evidentiary hearing the trial court granted appellant’s divorce petition. Appellant’s […]
ELLINGTON v. TOLAR CONSTRUCTION, 237 Ga. 235 (1976)
227 S.E.2d 336 ELLINGTON v. TOLAR CONSTRUCTION COMPANY. 31176.Supreme Court of Georgia.ARGUED JUNE 16, 1976. DECIDED JULY 9, 1976. HALL, Justice. We granted the application for writ of certiorari to review the decision and judgment of the Court of Appeals in Tolar Construction Co. v. Ellington, 137 Ga. App. 847 (225 S.E.2d 66) (1976) involving […]
JONES v. CHANDLER, 209 Ga. 499 (1953)
74 S.E.2d 5 JONES v. CHANDLER et al. 18055.Supreme Court of Georgia.ARGUED JANUARY 15, 1953. DECIDED JANUARY 15, 1953. ALMAND, Justice. This is a companion case to Jones v. Chandler, ante. This case, involving the same essential facts, rulings, and questions of law, consequently is controlled by the ruling in that case. Transferred to the […]
DUNN v. SNEED, 260 Ga. 763 (1991)
400 S.E.2d 10 DUNN v. SNEED. S90A1593.Supreme Court of Georgia. DECIDED JANUARY 31, 1991. BENHAM, Justice. This is an appeal from a judgment based on a jury verdict for the caveator in a will contest. The propounder of the will was Dunn, a sister of the testatrix, and the caveator was the testatrix’s nephew, Sneed. […]
STONE v. STATE, 202 Ga. 203 (1947)
42 S.E.2d 727 STONE v. THE STATE. 15779.Supreme Court of Georgia. MAY 13, 1947. The contention that the act under which the accused was convicted of a misdemeanor is unconstitutional having been made for the first time in a motion for new trial, and not by demurrer to the pleadings or by Page 204 objections […]
CANADA v. CANADA, 243 Ga. 729 (1979)
256 S.E.2d 471 CANADA v. CANADA. 34790.Supreme Court of Georgia.ARGUED MAY 14, 1979. DECIDED MAY 31, 1979. JORDAN, Justice. The parties in this action were divorced in June, 1977. Appellant, Robert Canada, was ordered to pay his former wife $300 per month as alimony and $200 per month as child support. In August, 1978, appellant […]
BLEVINS v. STATE, 220 Ga. 720 (1965)
141 S.E.2d 426 BLEVINS v. THE STATE. 22821.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1965. DECIDED FEBRUARY 23, 1965. REHEARING DENIED MARCH 16, 1965. CANDLER, Justice. James Melvin Blevins was indicted on August 22, 1963, for the murder of Carolyn Newell. The indictment charges that he murdered her on April 14, 1963, in Walker County. He […]
CORNELL v. CAMELLIA CORP., 248 Ga. 449 (1981)
283 S.E.2d 264 CORNELL v. CAMELLIA CORPORATION. 37439.Supreme Court of Georgia. DECIDED OCTOBER 20, 1981. REHEARING DENIED NOVEMBER 12, 1981. CLARKE, Justice. We granted certiorari to consider the Court of Appeals’ holding that glass installed in the upper portion of a door, the lower portion of which is wooden, is not required to be safety […]
WORRELL v. WORRELL, 242 Ga. 44 (1978)
247 S.E.2d 847 WORRELL v. WORRELL. 33576.Supreme Court of Georgia.ARGUED MAY 9, 1978. DECIDED SEPTEMBER 6, 1978. MARSHALL, Justice. The former husband appeals from the judgment for his former wife in her divorce action. 1. Enumerated error 1, the failure to dismiss the complaint for lack of jurisdiction of the subject-matter, is without merit for […]
FENDER v. FENDER, 249 Ga. 773 (1982)
294 S.E.2d 474 FENDER v. FENDER. 38797.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1982. CLARKE, Justice. The parties to this appeal were divorced in 1979. A jury trial was held on the issues of alimony and property division and judgment was entered thereon in November of 1979. In October of 1981 the former wife filed […]
GILMORE v. GILMORE, 208 Ga. 245 (1951)
65 S.E.2d 813 GILMORE v. GILMORE, trustee, et al. 17509.Supreme Court of Georgia.ARGUED JUNE 12, 1951. DECIDED JULY 10, 1951. REHEARING DENIED JULY 24, 1951. The trial court did not err in overruling the “objections and demurrers” to the petition of the trustees. No. 17509. ARGUED JUNE 12, 1951 — DECIDED JULY 10, 1951 — […]
FULLER v. STATE, 196 Ga. 237 (1943)
26 S.E.2d 281 FULLER v. THE STATE. 14532.Supreme Court of Georgia. JUNE 12, 1943. 1. On the trial of a murder case, where it was the contention of the State, supported by a chain of circumstances tending to sustain the same, that the accused, knowing that the deceased had on his person a considerable sum […]
AMERICAN MED. SEC. GRP. v. PARKER, 284 Ga. 102 (2008)
663 S.E.2d 697 AMERICAN MEDICAL SECURITY GROUP INC. et al. v. PARKER et al. No. S07G1388.Supreme Court of Georgia. DECIDED July 7, 2008. SEARS, Chief Justice. The controlling issue in this granted petition for certiorari is whether a party may directly appeal an order that finds that the party has committed an act of wilful […]
SMITH v. SMITH, 228 Ga. 311 (1971)
185 S.E.2d 78 SMITH v. SMITH. 26794.Supreme Court of Georgia.ARGUED OCTOBER 13, 1971. DECIDED NOVEMBER 5, 1971. ALMAND, Chief Justice. This appeal is from an order denying a motion to set aside a final divorce decree. Sharon S. Smith, in June 1970, filed her complaint against Roger S. Smith, Sr., in which she sought a […]
DUTTON v. KNIGHT, 223 Ga. 140 (1967)
153 S.E.2d 714 DUTTON, Warden v. KNIGHT. 23916.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1967. DECIDED FEBRUARY 23, 1967. NICHOLS, Justice. This is the second appearance of a habeas corpus petition in this court involving the sentence of Herman Ludson Knight on January 22, 1959. On the first appearance (Knight v. Balkcom, 219 Ga. 589 (134 […]
CLEVELAND v. CLEVELAND, 235 Ga. 361 (1975)
219 S.E.2d 715 CLEVELAND v. CLEVELAND et al. 30150.Supreme Court of Georgia.ARGUED JULY 8, 1975. DECIDED OCTOBER 16, 1975. JORDAN, Justice. Appellant brought an action against Joseph Cleveland and Robert Nicholson to set aside the deed to Joseph Cleveland made by Nicholson pursuant to a power of sale in a deed to secure debt. He […]