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 […]

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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 […]

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IN THE MATTER OF JAMES VENABLE, 259 Ga. 386 (1989)

382 S.E.2d 598 IN THE MATTER OF JAMES R. VENABLE. SUPREME COURT DISCIPLINARY NO. 730.Supreme Court of Georgia. DECIDED JULY 27, 1989. PER CURIAM. Pursuant to State Bar Rule 4-108 (a), the State Bar of Georgia has petitioned this Court for an Interim Suspension of an Attorney Pending Disciplinary Proceedings. It appears that there are […]

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HORNSTEIN v. LOVETT, 221 Ga. 279 (1965)

144 S.E.2d 378 HORNSTEIN v. LOVETT, Commissioner, et al.; and vice versa. 23047, 23048.Supreme Court of Georgia.ARGUED JULY 12, 1965. DECIDED SEPTEMBER 9, 1965. 1. By both Ga. L. 1919, p. 604, and the constitutional amendment (Ga. L. 1952, p. 617), the county governing authorities of Chatham County are empowered to exercise police powers, and […]

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REESE v. STATE, 289 Ga. 446 (2011)

711 S.E.2d 717 REESE v. THE STATE. No. S11A0220.Supreme Court of Georgia. DECIDED JUNE 27, 2011. HUNSTEIN, Chief Justice. Appellant Charles Reese was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a felony in connection with the shooting death of DiMario Gibson. Finding no error in the denial […]

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WILENSKY v. ROBINSON, 203 Ga. 423 (1948)

47 S.E.2d 270 WILENSKY v. ROBINSON et al. 16143.Supreme Court of Georgia. MARCH 19, 1948. 1. Where an owner of adjoining lots 4 and 5 erected a building on each, with a common wall extending the entire length of the dividing line, part of the wall resting in its entire length on one lot and […]

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MILLIGAN v. MILLIGAN, 209 Ga. 14 (1952)

70 S.E.2d 459 MILLIGAN et al. v. MILLIGAN. 17794.Supreme Court of Georgia.SUBMITTED MARCH 10, 1952. DECIDED APRIL 16, 1952. ALMAND, Justice. Mrs. Anna J. Milligan brought an equitable petition against Fred Milligan and Mrs. Buna Paris, seeking the cancellation of a deed from Milligan to Mrs. Paris as being a cloud upon the plaintiff’s title. […]

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CAMPBELL v. STATE, 253 Ga. 11 (1984)

315 S.E.2d 902 CAMPBELL v. THE STATE. 40742.Supreme Court of Georgia. DECIDED MAY 22, 1984. CLARKE, Justice. George Campbell was convicted of the murder of Judy Ann Davis and sentenced to life in prison. The evidence showed that the victim rented one side of a duplex owned by Campbell and moved in with her children. […]

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CHESTER v. BOUCHILLON, 253 Ga. 175 (1984)

317 S.E.2d 525 CHESTER et al. v. BOUCHILLON. 41074.Supreme Court of Georgia. DECIDED JULY 2, 1984. REHEARING DENIED JULY 16, 1984. MARSHALL, Presiding Justice. This case is essentially an action by the appellants to remove the appellee as executor due to alleged misconduct of management and waste of the estate. Subsequent to the previous appearance […]

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BENSON v. BENSON, 244 Ga. 480 (1979)

260 S.E.2d 908 BENSON v. BENSON (two cases). 35447, 35448.Supreme Court of Georgia.SUBMITTED SEPTEMBER 28, 1979. DECIDED OCTOBER 16, 1979. NICHOLS, Chief Justice. This is an appeal in a divorce and alimony case in which the trial court granted the appellee-husband’s motion to strike all of appellant-wife’s allegations and prayers for alimony. Two days after […]

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TEAGUE v. STATE, 252 Ga. 534 (1984)

314 S.E.2d 910 TEAGUE v. THE STATE. 40720.Supreme Court of Georgia. DECIDED MAY 1, 1984. REHEARING DENIED MAY 15, 1984. WELTNER, Justice. We granted certiorari to consider the holding of the Court of Appeals in Teague v. State, 169 Ga. App. 285, 289 (5) (312 S.E.2d 818) (1983), as follows: “Error is next assigned to […]

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FRAZER v. CITY OF ALBANY, 245 Ga. 399 (1980)

265 S.E.2d 581 FRAZER v. CITY OF ALBANY et al. 35581.Supreme Court of Georgia.ARGUED NOVEMBER 20, 1979. DECIDED MARCH 12, 1980. JORDAN, Presiding Justice. On July 13, 1979, Mrs. Betty Scott Frazer, appellant, filed suit in Dougherty Superior Court against the City of Albany and the Albany-Dougherty Inner-City Authority (hereinafter — Authority) seeking a temporary […]

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RIVERS v. LYNCH, 257 Ga. 555 (1987)

361 S.E.2d 162 RIVERS v. LYNCH et al. 44942.Supreme Court of Georgia. DECIDED OCTOBER 21, 1987. RECONSIDERATION DENIED NOVEMBER 4, 1987. GREGORY, Justice. Appellee Lynch owned a garage and body shop. Eager to become involved in another line of work, he discussed with Jack Wilkins[1] the possibility of going into the mortgage brokerage business with […]

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HAMILTON v. STATE, 281 Ga. 501 (2006)

640 S.E.2d 28 HAMILTON v. THE STATE. No. S06A2045.Supreme Court of Georgia. DECIDED JANUARY 8, 2006. HUNSTEIN, Presiding Justice. Demone Hamilton was convicted of malice murder in the shooting death of Bennie Rucker. He appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support Page 502 the […]

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GLYNN COUNTY v. PALMATARY, 247 Ga. 570 (1981)

277 S.E.2d 665 GLYNN COUNTY et al. v. PALMATARY et al. 36964.Supreme Court of Georgia. DECIDED MAY 13, 1981. JORDAN, Chief Justice. This is an appeal from a declaratory judgment and subsequent writ of mandamus entered against appellants Glynn County, its Board of Commissioners, the Building Official, and the Brunswick-Glynn County Joint Planning Commission. Appellees […]

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CITY OF GRIFFIN v. SOUTHEASTERN TEXTILE CO., 204 Ga. 579 (1948)

50 S.E.2d 322 CITY OF GRIFFIN v. SOUTHEASTERN TEXTILE COMPANY. 16426.Supreme Court of Georgia. NOVEMBER 18, 1948. The constitutionality of the act under which the appeal from a tax assessment was made being attacked for the first time in an exception to a charge of the court in an amended motion for new trial, and […]

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RECTOR v. STATE, 285 Ga. 714 (2009)

681 S.E.2d 157 RECTOR v. THE STATE. No. S09A0020.Supreme Court of Georgia. DECIDED JUNE 29, 2009. RECONSIDERATION DENIED JULY 28, 2009. MELTON, Justice. Following a jury trial, Allen David Rector was found guilty of murder, felony murder, and aggravated assault in connection with the shooting death of Cedric Lewis.[1] On appeal, Rector contends that the […]

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ANDERSON v. COOPER, 214 Ga. 164 (1958)

104 S.E.2d 90 ANDERSON v. COOPER, by Next Friend, et al. SCARBORO ENTERPRISES, INC. v. COOPER, by Next Friend, et al. 20006, 20007.Supreme Court of Georgia.ARGUED APRIL 14, 1958. DECIDED MAY 7, 1958. REHEARING DENIED JUNE 4, 1958. Under the circumstances in this case, the injured child involved was an invitee rather than a licensee. […]

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BOWENS v. HOLMES, 262 Ga. 179 (1992)

415 S.E.2d 632 BOWENS v. HOLMES et al. S92A0148.Supreme Court of Georgia. DECIDED APRIL 23, 1992. WELTNER, Presiding Justice. We granted this discretionary application to determine whether the trial court erred in granting a motion in limine to exclude testimony of transactions or communications with a deceased person. 1. The dispute in this case concerns […]

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SWEAT v. SWEAT, 281 Ga. 543 (2007)

641 S.E.2d 1 SWEAT v. SWEAT. No. S06F2079.Supreme Court of Georgia. DECIDED JANUARY 22, 2007. HINES, Justice. Joseph Michael Sweat (“husband”) appeals his final judgment and decree of divorce (“decree”) entered pursuant to a jury verdict and the denials of his “Motion to Set Aside Judgment,” “Motion for New Trial,” and “Motion to Partially Amend […]

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RUSSELL v. HUGHES, 244 Ga. 634 (1979)

261 S.E.2d 584 RUSSELL et al. v. HUGHES. 35215.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1979. DECIDED OCTOBER 23, 1979. REHEARING DENIED NOVEMBER 6, 1979. PER CURIAM. This is an appeal from the grant of mandamus absolute against the board of commissioners and finance director of DeKalb County. Hughes was terminated as tax assessor on February […]

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GRAY v. BRADFORD, 194 Ga. 492 (1942)

22 S.E.2d 43 GRAY v. BRADFORD et al. 14251.Supreme Court of Georgia. SEPTEMBER 19, 1942. 1. Where a plaintiff seeks to enjoin a trespass on land, on the ground that the defendant is insolvent and that the damages will be irreparable, an unqualified allegation that he is the true owner of the land is sufficient […]

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HARRISON CO. v. CODE REVISION COMM., 244 Ga. 325 (1979)

260 S.E.2d 30 HARRISON COMPANY v. CODE REVISION COMMISSION et al. MICHIE COMPANY v. HARRISON COMPANY et al. HARRISON COMPANY v. CODE REVISION COMMISSION et al. CODE REVISION COMMISSION et al. v. HARRISON COMPANY et al. 34871, 34872, 34873, 34903.Supreme Court of Georgia.ARGUED MAY 15, 1979. DECIDED SEPTEMBER 7, 1979. REHEARING DENIED SEPTEMBER 26, 1979. […]

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WEST v. WEST, 199 Ga. 378 (1945)

34 S.E.2d 545 WEST v. WEST. 15097.Supreme Court of Georgia. MAY 8, 1945. REHEARING DENIED JUNE 7, 1945. 1. In this suit by a wife against her husband for divorce for alleged cruel treatment, including physical violence, the testimony of the wife that “he would threaten and choke me,” was not, in view of other […]

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TEAGUE v. STATE, 208 Ga. 459 (1951)

67 S.E.2d 467 TEAGUE v. THE STATE. 17594.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1951. DECIDED OCTOBER 9, 1951. REHEARING DENIED NOVEMBER 16, 1951. 1, 2. A request to charge must be legal, apt, and precisely adjusted to some principle involved in the case, and be authorized by the evidence. 3, 4. The charges complained of […]

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DEPT. OF TRANSP. v. ARAPAHO CONSTR. CO., 257 Ga. 269 (1987)

357 S.E.2d 593 DEPARTMENT OF TRANSPORTATION v. ARAPAHO CONSTRUCTION, INC. 43956.Supreme Court of Georgia. DECIDED JULY 9, 1987. BELL, Justice. We granted certiorari in this case to determine if the Court of Appeals correctly construed the “termination provision” of the parties’ contract. Dept. of Transp. v. Arapaho Constr., Inc., 180 Ga. App. 341 (1) (349 […]

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POTTS v. STATE HIGHWAY DEPARTMENT, 225 Ga. 6 (1969)

165 S.E.2d 726 POTTS, Executrix v. STATE HIGHWAY DEPARTMENT. 24948.Supreme Court of Georgia.ARGUED DECEMBER 9, 1968. DECIDED JANUARY 9, 1969. GRICE, Justice. The basis relied upon by the appellant for this court’s jurisdiction of this case is her attack upon the statute which authorizes the establishment of limited access highways (Ga. L. 1955, p. 559). […]

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WRIGHT v. ABSALOM, 224 Ga. 6 (1968)

159 S.E.2d 413 WRIGHT, Member of State Board of Education, et al. v. ABSALOM et al. 24378.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1967. DECIDED JANUARY 2, 1968. REHEARING DENIED JANUARY 18, 1968. The expenditure of funds derived from taxation over the whole State in support of the school lunch program is not an expenditure “for […]

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BRADBERRY v. BRADBERRY, 232 Ga. 651 (1974)

208 S.E.2d 469 BRADBERRY v. BRADBERRY. 28952.Supreme Court of Georgia.SUBMITTED JUNE 7, 1974. DECIDED SEPTEMBER 3, 1974. JORDAN, Justice. This case was transmitted to this court by the Court of Appeals. The appeal arises from an order of the Gwinnett Superior Court dismissing a motion to set aside a divorce decree. Page 652 Appellee and […]

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CITY OF DOUGLASVILLE v. QUEEN, 270 Ga. 770 (1999)

514 S.E.2d 195 CITY OF DOUGLASVILLE v. QUEEN et al. S98G1208.Supreme Court of Georgia. DECIDED: MARCH 8, 1999. — RECONSIDERATION DENIED APRIL 2, 1999. HUNSTEIN, Justice. Twelve-year-old Rebecca Ann Queen was injured and ten-year-old Lisa Michelle Queen was killed when they were hit by a Norfolk Southern Railroad train. The girls were walking on the […]

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WILSON v. HEALEY REAL ESTATE c. CO., 203 Ga. 52 (1947)

45 S.E.2d 656 WILSON v. HEALEY REAL ESTATE IMPROVEMENT COMPANY. 16020.Supreme Court of Georgia. NOVEMBER 13, 1947. 1. The portion of Code § 61-304, which provides that the issue formed in a dispossessory warrant shall be returned to “the county where the land lies,” is not violative of article 6, section 14, paragraph 6 of […]

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PEELER v. MAYOR ALDERMEN OF THE CITY OF MILLEDGEVILLE, 256 Ga. 151 (1986)

347 S.E.2d 227 PEELER v. MAYOR ALDERMEN OF THE CITY OF MILLEDGEVILLE. 43359.Supreme Court of Georgia. DECIDED JUNE 25, 1986. RECONSIDERATION DENIED JULY 15, 1986. WELTNER, Justice. Peeler brought suit to enjoin the enforcement of a zoning ordinance, contending that it was void because of irregularities in the official authentication and filing of a zoning […]

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GUNNELLS v. GUNNELLS, 225 Ga. 188 (1969)

167 S.E.2d 138 GUNNELLS v. GUNNELLS. 25076.Supreme Court of Georgia.ARGUED MARCH 10, 1969. DECIDED MARCH 20, 1969. UNDERCOFLER, Justice. This is an appeal from the judgment of the Juvenile Court of Bibb County awarding custody of two minor children to the father. The question grew out of a divorce suit and was referred to the […]

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CADE v. STATE, S11A1059 (Ga. 10-3-2011)

CADE v. THE STATE. S11A1059Supreme Court of Georgia. DECIDED: OCTOBER 3, 2011 CARLEY, Presiding Justice. After a jury trial, Appellant Shannon Cade was found guilty of the malice and felony murder of Brittney Wells, aggravated assault, and concealing the death of another. The felony murder verdict was vacated by operation of law, and the trial […]

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NICHOLSON v. STATE, 249 Ga. 775 (1982)

294 S.E.2d 485 NICHOLSON v. THE STATE. 38782.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1982. HILL, Presiding Justice. Defendant Gilbert Nicholson was convicted of the shotgun murder of his stepson, Wendell Steven Wade. He received a life sentence and appeals. The defendant and his wife, Dorothy Nicholson, lived with her son (the victim) and her […]

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CRESENT HILL APTS. v. ADMIRAL INS. CO., 277 Ga. 396 (2003)

589 S.E.2d 96 CRESENT HILLS APARTMENTS v. ADMIRAL INSURANCE COMPANY. S03Q1237.Supreme Court of Georgia. DECIDED NOVEMBER 17, 2003. BENHAM, Justice. The United States Court of Appeals for the Eleventh Circuit has certified two questions of Georgia law to this Court pursuant to Georgia constitutional and statutory authorization. 1983 Ga. Const., Art. VI, Sec. VI, Par. […]

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IN THE MATTER OF BENVENISTE, 280 Ga. 305 (2006)

627 S.E.2d 3 IN THE MATTER OF MARK BENVENISTE. S06Y0726.Supreme Court of Georgia. DECIDED FEBRUARY 27, 2006. PER CURIAM. This disciplinary matter is before the Court pursuant to the report of the Special Master who recommends acceptance of Respondent Mark Benveniste’s petition for voluntary surrender of license in Page 306 which Benveniste admits that on […]

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LACEY v. STATE, 270 Ga. 37 (1998)

507 S.E.2d 441 LACEY v. THE STATE. S98A1343.Supreme Court of Georgia. DECIDED OCTOBER 5, 1998 — RECONSIDERATION DENIED OCTOBER 23, 1998. CARLEY, Justice. A zoning ordinance in Fayette County permits only single-family dwellings in areas which are zoned agricultural-residential. Lee Lacey was charged with violating that ordinance. The trial court overruled general demurrers challenging the […]

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GRANT v. STATE, 278 Ga. 536 (2004)

604 S.E.2d 515 GRANT v. THE STATE (two cases). S04A0788, S04A0790.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. FLETCHER, Chief Justice. A jury convicted Arthur Grant of felony murder and theft by receiving stolen property arising out of an incident in which Grant attempted to elude capture while driving a stolen car, ran a red […]

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SMITH v. GAITHER, 274 Ga. 39 (2001)

549 S.E.2d 351 SMITH v. GAITHER, WARDEN. S01A0016.Supreme Court of Georgia. Decided: July 2, 2001 CARLEY, Justice. Thomas Smith was indicted for burglary, and the court appointed an attorney to represent him. Counsel negotiated a guilty plea agreement which provided that both he and the trial court would recommend to the State Board of Pardons […]

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BURKS v. MULLINS, 206 Ga. 603 (1950)

57 S.E.2d 926 BURKS v. MULLINS. 16962.Supreme Court of Georgia. FEBRUARY 16, 1950. REHEARING DENIED MARCH 15, 1950. WYATT, Justice. Mamie Mullins instituted contempt proceedings against W. T. Burks, based upon his alleged failure to comply with a judgment for permanent alimony. He answered, admitting the judgment for permanent alimony, and admitting that he had […]

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BREWER v. STATE, 281 Ga. 283 (2006)

637 S.E.2d 677 BREWER v. STATE OF GEORGIA. No. S06A1104.Supreme Court of Georgia. DECIDED NOVEMBER 20, 2006. HUNSTEIN, Presiding Justice. Acting pursuant to OCGA § 16-13-49 (n), the State of Georgia initiated administrative forfeiture proceedings on four firearms belonging to appellant Lloyd Brewer III that had been seized, along with suspected methamphetamine, by police in […]

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LUCE v. EVANS, 202 Ga. 48 (1947)

41 S.E.2d 878 LUCE v. EVANS, administrator, et al. 15686.Supreme Court of Georgia. FEBRUARY 4, 1947. REHEARING DENIED MARCH 20, 1947. Where an extraordinary motion for new trial is based upon alleged newly discovered evidence, and there is no attempt to comply with the rule of law applicable to such a motion as set forth […]

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WEBB v. WEBB, 261 Ga. 257 (1991)

405 S.E.2d 874 WEBB v. WEBB. S91A0642.Supreme Court of Georgia. DECIDED MAY 13, 1991. SMITH, Presiding Justice. We granted a discretionary application to consider whether the trial court erred in finding a jury issue under the circumstances of this case. We hold that it did. The appellant, Howard McRae Webb, and the appellee, Gladys Jones […]

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FIELDS v. FIELDS, 240 Ga. 173 (1977)

240 S.E.2d 58 FIELDS v. FIELDS. 32952.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1977. DECIDED NOVEMBER 8, 1977. BOWLES, Justice. The appellant former wife and appellee former husband were divorced in 1973. In March of 1977, the appellant brought a contempt citation against the appellee, alleging that he had violated the terms of the court decree […]

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SOUTHERN GEN. INS. CO. v. HOLT, 262 Ga. 267 (1992)

416 S.E.2d 274 SOUTHERN GENERAL INSURANCE COMPANY v. HOLT et al. S91G1556.Supreme Court of Georgia. DECIDED MAY 21, 1992. RECONSIDERATION DENIED JUNE 12, 1992. FLETCHER, Justice. We granted the writ of certiorari to determine whether an insured has a claim for bad faith against an insurance company for its failure to settle a claim within […]

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CRUMP v. McENTIRE, 190 Ga. 684 (1940)

10 S.E.2d 186 CRUMP v. McENTIRE et al. 13167.Supreme Court of Georgia. JUNE 21, 1940. ADHERED TO ON REHEARING, JULY 29, 1940. 1. A sheriff’s sale of land for state and county taxes is void if made in pursuance of an excessive levy of the fi. fa. on which it is based. 2. Relatively to […]

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STATE v. BOWEN, 274 Ga. 1 (2001)

547 S.E.2d 286 THE STATE v. BOWEN. S00G1875.Supreme Court of Georgia. DECIDED: JUNE 4, 2001 THOMPSON, Justice. Reed Stephen Bowen was charged with operating a boat while having an alcohol concentration of 0.10 or more grams (BUI), in violation of OCGA § 52-5-12 (a) (4). The trial court granted Bowen’s motion to suppress the results […]

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SOUTHWIRE CO. v. CATO., 250 Ga. 895 (1983)

302 S.E.2d 91 SOUTHWIRE COMPANY v. CATO. 39353.Supreme Court of Georgia. DECIDED APRIL 19, 1983. REHEARING DENIED MAY 24, 1983. HILL, Chief Justice. Certiorari was granted in this workers’ compensation case to decide two questions: (a) whether the “natural inference from human experience” can be relied upon where there is medical testimony that the employee’s […]

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IN MATTER OF CLEAVER-BASCOMBE, S12Y0016 (Ga. 11-7-2011)

IN THE MATTER OF KAREN P. CLEAVER-BASCOMBE. S12Y0016Supreme Court of Georgia. DECIDED: NOVEMBER 7, 2011 PER CURIAM. Respondent Karen P. Cleaver-Bascombe, a member of the State Bar of Georgia since 1995, [1] was disbarred from the practice of law in the District of Columbia pursuant to a decision of the District of Columbia Court of […]

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GIBSON v. STATE, 261 Ga. 313 (1991)

404 S.E.2d 781 GIBSON v. THE STATE. S91P0499.Supreme Court of Georgia. DECIDED JUNE 10, 1991. FLETCHER, Justice. Exzavious Lee Gibson was convicted by a Dodge County jury of murder and armed robbery. He was sentenced to death on the murder conviction and to life imprisonment for the armed robbery. We affirm the conviction and death […]

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JACKSONVILLE PAPER CO. v. CITY OF PEMBROKE, 195 Ga. 600 (1943)

24 S.E.2d 882 JACKSONVILLE PAPER COMPANY v. CITY OF PEMBROKE. 14465.Supreme Court of Georgia. MARCH 11, 1943. On application of the principles announced in Wofford Oil Co. v. Boston, 170 Ga. 624, it was erroneous to refuse an injunction. No. 14465. MARCH 11, 1943. Petition for injunction. Before Judge Grice. Bryan superior court. December 12, […]

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JONES v. STATE, 289 Ga. 145 (2011)

710 S.E.2d 127 JONES v. THE STATE. No. S11A0031.Supreme Court of Georgia. DECIDED APRIL 26, 2011. HUNSTEIN, Chief Justice. Appellant Jimmy Lee Jones was convicted of murder and firearms offenses in connection with the shooting death of Latoya Singleton. Finding no error in the denial of Jones’s motion for new Page 146 trial, [1] we […]

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WILLIAMS v. LOCKHART, 221 Ga. 343 (1965)

144 S.E.2d 528 WILLIAMS v. LOCKHART. 23115.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1965. DECIDED SEPTEMBER 22, 1965. 1. In the absence of some equitable ground such as fraud, a voluntary deed will not be canceled on the ground of a lack of consideration. 2. Ignorance of a fact by both parties is no cause for […]

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DAVIS v. DAVIS, 223 Ga. 657 (1967)

157 S.E.2d 444 DAVIS v. DAVIS. 24233.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1967. DECIDED OCTOBER 5, 1967. The evidence was insufficient to show the wilful infliction of pain, bodily or mental, upon the husband by the wife, such as to reasonably justify apprehension of danger to life, limb or health, and it was error to […]

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REINHARDT v. STATE, 263 Ga. 113 (1993)

428 S.E.2d 333 REINHARDT v. THE STATE. S93A0124.Supreme Court of Georgia. DECIDED APRIL 19, 1993. RECONSIDERATION DENIED MAY 6, 1993. HUNT, Presiding Justice. William Charles Reinhardt was convicted of felony murder and arson, and sentenced to life imprisonment. He appeals and we reverse.[1] On the evening of June 18, 1991, the defendant and his girl […]

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REECE v. STATE, 212 Ga. 609 (1956)

94 S.E.2d 723 REECE v. THE STATE. 19433.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1956. DECIDED OCTOBER 9, 1956. MOBLEY, Justice. For previous appearances of this case in this court, see Reece v. State, 210 Ga. 578 (82 S.E.2d 10); 211 Ga. 339 (85 S.E.2d 773); 212 Ga. 161 (91 S.E.2d 29). The defendant has been […]

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SMITH v. ALDRIDGE, 192 Ga. 376 (1941)

15 S.E.2d 430 SMITH, executor, et al. v. ALDRIDGE et al. 13764.Supreme Court of Georgia. JUNE 14, 1941. 1. The allegations of the petition as amended were sufficient to state a cause of action upon the theory that as between the plaintiffs and the defendant executor the title to the property was in the plaintiffs, […]

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GIBSON v. GILES, 242 Ga. 720 (1978)

251 S.E.2d 231 GIBSON v. GILES. 34031.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1978. DECIDED NOVEMBER 21, 1978. REHEARING DENIED DECEMBER 19, 1978. PER CURIAM. Beverly Crozier Giles Gibson appeals from a judgment granting a reduction in the child support payments due by her former husband, Donald Arthur Giles. In a divorce action between the parties […]

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DECATUR CTY. v. BAINBRIDGE POST SEARCHLIGHT, 280 Ga. 706 (2006)

632 S.E.2d 113 DECATUR COUNTY v. BAINBRIDGE POST SEARCHLIGHT, INC. S06A0332.Supreme Court of Georgia. DECIDED JULY 6, 2006. CARLEY, Justice. Based upon a citizen’s complaint, the Decatur County Grand Jury began a civil investigation of certain actions undertaken by the commissioners of that county (Commissioners). Thereafter, the grand jury forwarded to the county attorney its […]

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ROBERSON v. BALKCOM, 212 Ga. 603 (1956)

94 S.E.2d 720 ROBERSON v. BALKCOM, Warden. 19431.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1956. DECIDED OCTOBER 8, 1956. HAWKINS, Justice. 1. Under the common law, which was of force in this State until changed by statute (Foster v. Withrow, 201 Ga. 260, 262, 39 S.E.2d 466), the return of an indictment by the grand jury […]

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ROBINSON v. STATE, 241 Ga. 564 (1978)

246 S.E.2d 681 ROBINSON v. THE STATE. 33698.Supreme Court of Georgia.SUBMITTED JUNE 2, 1978. DECIDED JULY 6, 1978. NICHOLS, Chief Justice. The appellant was tried for and convicted of murder and was sentenced to life imprisonment. His conviction was affirmed by this court. Robinson v. State, 238 Ga. 451 (233 S.E.2d 197) (1977). The present […]

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WILLIAMS v. STATE, 249 Ga. 6 (1982)

289 S.E.2d 247 WILLIAMS v. THE STATE. 37950.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1982. PER CURIAM. Appellant, Alvin Williams, was convicted of murder and received a life sentence. He appeals, raising eight enumerations of error. We affirm. The evidence most favorable to the state can be summarized as follows: Appellant and a friend, Dafford […]

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UNGER v. BRYANT EQUIP. SALES c., INC., 255 Ga. 53 (1985)

335 S.E.2d 109 UNGER v. BRYANT EQUIPMENT SALES SERVICES, INC. et al. 42049.Supreme Court of Georgia. DECIDED OCTOBER 2, 1985. RECONSIDERATION DENIED OCTOBER 22, 1985. SMITH, Justice. This case comes to us by way of certiorari from the Court of Appeals and the facts of the case may be found in more detail i Unger […]

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JONES v. STATE, 276 Ga. 171 (2003)

575 S.E.2d 456 JONES v. THE STATE. LINKOUS v. THE STATE. MIMMS v. THE STATE. S01G1816.Supreme Court of Georgia. DECIDED: JANUARY 13, 2003 CARLEY, Justice. These three unrelated criminal cases are consolidated for purposes of this appeal. The Court of Appeals affirmed the judgment in each of them, extensively and chronologically detailing their respective facts […]

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LOCKHART v. STANCIL, 258 Ga. 634 (1988)

373 S.E.2d 355 LOCKHART v. STANCIL. 46078.Supreme Court of Georgia. DECIDED NOVEMBER 2, 1988. SMITH, Justice. We granted the appellant’s discretionary application to consider “[w]hether the Juvenile Court exceeded its legal authority in this case when it ordered child support payments in an order granting a motion to set aside a prior judgment.” The court […]

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STENDAHL v. COBB COUNTY, 284 Ga. 525 (2008)

668 S.E.2d 723 STENDAHL et al. v. COBB COUNTY et al. No. S08A1395.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. BENHAM, Justice. Appellants Teresa Stendahl and Timothy Cannon own property adjacent to a 65-acre parcel re-zoned by appellee Cobb County Board of Commissioners (“the Board”) on the application of appellees Johnson Ferry Baptist Church and […]

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HIRSH v. DOBB, 224 Ga. 130 (1968)

160 S.E.2d 386 HIRSH v. DOBB. 24475.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1968. DECIDED MARCH 7, 1968. 1. The enumerations of error relating to rulings made in conducting the trial are not meritorious. 2. Those complaining of the exclusion of evidence are likewise without merit. 3. (a) There is no merit in the enumeration complaining […]

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BROOKS v. NORTHWESTERN MUTUAL LIFE INS. CO., 193 Ga. 522 (1942)

18 S.E.2d 860 BROOKS v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY. 14019.Supreme Court of Georgia. FEBRUARY 16, 1942. 1. Where an insurance policy, dated March 4, 1929, provided for payment of the annual premiums in advance on March 4, allowing a grace period of thirty-one days, during which the insurance would remain in full force, for […]

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LANIER v. RICHMOND COUNTY, 247 Ga. 451 (1981)

276 S.E.2d 637 LANIER v. RICHMOND COUNTY. 36980.Supreme Court of Georgia. DECIDED APRIL 9, 1981. The judgment is affirmed without opinion under Rule 59. All the Justices concur, except Undercofler and Smith, JJ., who dissent. DECIDED APRIL 9, 1981. Temporary injunction. Richmond Superior Court. Before Judge Pickett. Jack E. Boone, Jr., for appellant. Robert C. […]

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SHIVER v. BENTON, 251 Ga. 284 (1983)

304 S.E.2d 903 SHIVER et al. v. BENTON et al. 39619.Supreme Court of Georgia. DECIDED JULY 7, 1983. REHEARING DENIED JULY 21, 1983. CLARKE, Justice. We granted an application to appeal an interlocutory order denying summary judgment to the defendants-appellants in an action involving the enforcement of a right of first refusal agreement entered into […]

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H. C. S. v. GREBEL, 253 Ga. 404 (1984)

321 S.E.2d 321 H. C. S. et al. v. GREBEL. 41084.Supreme Court of Georgia. DECIDED OCTOBER 11, 1984. MARSHALL, Presiding Justice. This is a proceeding instituted by the appellants for termination of the rights of the appellee to his putative illegitimate child. The child was conceived and born in Georgia. The child’s biological mother is […]

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IN THE MATTER OF SCHWARTZ, 280 Ga. 507 (2006)

629 S.E.2d 819 IN THE MATTER OF SCOTT M. SCHWARTZ. S06Y1057.Supreme Court of Georgia. DECIDED MAY 8, 2006. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of the Review Panel of the State Disciplinary Board, which recommends that Respondent Scott M. Schwartz receive a six-month suspension with conditions […]

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GEORGIA PUB. SERV. COMM. v. TURNAGE, 284 Ga. 610 (2008)

669 S.E.2d 138 GEORGIA PUBLIC SERVICE COMMISSION et al. v. TURNAGE. GEORGIA POWER COMPANY v. TURNAGE. Nos. S08A1604, S08A1606.Supreme Court of Georgia. DECIDED NOVEMBER 3, 2008. CARLEY, Justice. Jeff Turnage and two others filed a petition with the Georgia Public Service Commission (Commission), requesting that body to direct Georgia Power Company (Georgia Power) to halt […]

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JONES v. O’NEAL, 194 Ga. 49 (1942)

20 S.E.2d 585 JONES v. O’NEAL, administrator. 14141.Supreme Court of Georgia. MAY 26, 1942. In a suit against the administrator of an estate left by a woman at her death, to declare virtual adoption by her of the plaintiff as a child, on the basis of full performance of the contract, where the evidence shows […]

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GRIFFITH v. C E BUILDERS, 231 Ga. 255 (1973)

200 S.E.2d 874 GRIFFITH et al. v. C E BUILDERS, INC. 28202.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1973. DECIDED OCTOBER 4, 1973. REHEARING DENIED OCTOBER 25, 1973. UNDERCOFLER, Justice. C E Builders, Inc., filed a complaint against Ronald B. Griffith, Doris A. Griffith and Coley Hayes seeking to enjoin them from maintaining and continuing certain […]

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SULLENS v. STATE, 239 Ga. 766 (1977)

238 S.E.2d 864 SULLENS v. THE STATE. 32358.Supreme Court of Georgia.SUBMITTED JUNE 3, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED SEPTEMBER 28, 1977. JORDAN, Justice. Coy Michael Sullens was indicted along with two others for the murder of Colie Brown. In a separate trial he was convicted, sentenced to life imprisonment and appeals. 1. Appellant […]

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STUBBS v. CARPENTER, 271 Ga. 327 (1999)

519 S.E.2d 485 STUBBS et al. v. CARPENTER. S99A0949.Supreme Court of Georgia. DECIDED: JULY 6, 1999. THOMPSON, Justice. M. Francis Stubbs filed a petition for a writ of mandamus to compel Don P. Carpenter, the Judge of the State Court of Toombs County, to conduct civil trials in his court. At the hearing which followed, […]

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ATLANTA NEWSPAPERS, INC. v. GRIMES, 216 Ga. 74 (1960)

114 S.E.2d 421 ATLANTA NEWSPAPERS, INC., et al. v. GRIMES, Sheriff et al. 20851.Supreme Court of Georgia.SUBMITTED APRIL 12, 1960. DECIDED MAY 5, 1960. REHEARING DENIED MAY 18, 1960. 1. No freedoms, including the freedoms of speech and press, are absolute. 2. Under Code § 24-104, every court has power to preserve and enforce order […]

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CHARLES v. COBB COUNTY, 231 Ga. 696 (1974)

203 S.E.2d 503 CHARLES v. COBB COUNTY et al. 28270.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1973. DECIDED JANUARY 29, 1974. REHEARING DENIED FEBRUARY 18, 1974. MOBLEY, Chief Justice. In a condemnation proceeding brought by Cobb County against 9.58 acres of land, Mrs. J. Shelly Charles, and others, Cobb County acquired fee simple title to the […]

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SOLESBEE v. BALKCOM, 205 Ga. 122 (1949)

52 S.E.2d 433 SOLESBEE v. BALKCOM, Warden. 16537.Supreme Court of Georgia. MARCH 14, 1949. REHEARING DENIED MARCH 28, 1949. 1. A stay of execution is not based on any inherent right of one who has been convicted and sentenced to suffer death for the offense of murder, and such person is not entitled by any […]

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MARSHALL v. MARSHALL, 234 Ga. 393 (1975)

216 S.E.2d 117 MARSHALL v. MARSHALL. 29772.Supreme Court of Georgia.ARGUED APRIL 15, 1975. DECIDED MAY 13, 1975. JORDAN, Justice. This appeal in a divorce action is from the grant of the husband’s motion for judgment on the pleadings on the issue of divorce. The wife’s original complaint was based on the ground that the marriage […]

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FISHER v. AMERICAN CASUALTY CO., 194 Ga. 157 (1942)

21 S.E.2d 68 FISHER v. AMERICAN CASUALTY COMPANY. 14017.Supreme Court of Georgia. JUNE 17, 1942. Where in a question certified by the Court of Appeals it is necessary in order to make a proper answer to look to the record, beyond the terms of the question, the question will not be answered. No. 14017. JUNE […]

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STATE HIGHWAY BOARD OF GEORGIA v. HALL, 193 Ga. 717 (1942)

20 S.E.2d 21 STATE HIGHWAY BOARD OF GEORGIA v. HALL. 14041.Supreme Court of Georgia. APRIL 14, 1942. “Where the State Highway Board takes rock from land not on a highway, and uses it in the construction of a road, the owner’s cause of action does not originate on a highway under the Code, § 95-1710, […]

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SHOCKLEY v. STATE, 232 Ga. 154 (1974)

205 S.E.2d 246 SHOCKLEY v. THE STATE. 28723.Supreme Court of Georgia.SUBMITTED MARCH 12, 1974. DECIDED APRIL 4, 1974. REHEARING DENIED APRIL 23, 1974. JORDAN, Justice. The appellant was convicted on three counts of armed robbery in Fulton Superior Court on November 8, 1972. (For a prior appearance of this case in this court, see Shockley […]

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UNION CAMP CORP. v. SAVANNAH c. COUNCIL, 257 Ga. 518 (1987)

361 S.E.2d 178 UNION CAMP CORPORATION v. SAVANNAH BUILDING TRADES COUNCIL et al. 44719.Supreme Court of Georgia. DECIDED OCTOBER 21, 1987. GREGORY, Justice. This case involves a labor dispute. In early February 1987, the business representatives of several labor unions located in the Savannah area met with a representative of appellant Union Camp to express […]

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BETTY v. BETTY, 274 Ga. 194 (2001)

552 S.E.2d 846 BETTY v. BETTY. S01A0603.Supreme Court of Georgia. DECIDED: SEPTEMBER 17, 2001 SEARS, Justice. We granted a discretionary appeal in this case to consider two questions. The first is whether the trial court erred in ruling that the fact that the appellee, Mr. Betty, is the legal custodian of a child by another […]

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LOVETT v. POPE, 190 Ga. 767 (1940)

10 S.E.2d 754 LOVETT v. POPE. 13382.Supreme Court of Georgia. SEPTEMBER 25, 1940. ATKINSON, Presiding Justice. When this case was here on a former occasion it was held: “It was error to dismiss the action on the grounds that no cause was stated, and that the contract alleged as the cause of action was unilateral […]

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IN THE MATTER OF CLARKE, 275 Ga. 814 (2002)

573 S.E.2d 81 IN THE MATTER OF J. CALEB CLARKE, III. S02Y1547.Supreme Court of Georgia. Decided November 25, 2002 PER CURIAM. This matter is before the Court on Respondent J. Caleb Clarke’s petition for voluntary surrender of his license to practice law filed pursuant to Bar Rule 4-227. In his petition, Clarke admits that while […]

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ATLANTA-ASHEVILLE MOTOR EXP. v. SUPERIOR GARMENT MFG., 206 Ga. 882 (1950)

59 S.E.2d 382 ATLANTA-ASHEVILLE MOTOR EXPRESS INC. v. SUPERIOR GARMENT MANUFACTURING COMPANY. 17085.Supreme Court of Georgia. MAY 10, 1950. HAWKINS, Justice. Where, as in this case, an attack is made on the constitutionality of a rule promulgated by the Public Service Commission of the State of Georgia, and no construction of any constitutional provision is […]

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MAYOR c. OF WOODBURY v. STATE HWY. DEPT., 225 Ga. 723 (1969)

171 S.E.2d 272 MAYOR COUNCIL OF THE CITY OF WOODBURY v. STATE HIGHWAY DEPARTMENT. 25449.Supreme Court of Georgia.ARGUED OCTOBER 14, 1969. DECIDED NOVEMBER 12, 1969. 1. The State Highway Department of Georgia, not the municipalities of the State, has the power to place and operate traffic control devices on State highways within the limits of […]

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IN THE MATTER OF BURGER, 249 Ga. 820 (1982)

295 S.E.2d 103 IN THE MATTER OF BURGER. SUPREME COURT DISCIPLINARY NOS. 185, 192, 201Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1982. PER CURIAM. In Case No. 185 the State Bar filed a formal complaint against attorney George Ralph Burger alleging a violation of Standard 65 of Georgia Bar Rule 4-102. It was contended that […]

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PARAMOUNT PICTURES CORP. v. BUSBEE, 250 Ga. 252 (1982)

297 S.E.2d 250 PARAMOUNT PICTURES CORPORATION v. BUSBEE et al. 38771.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1982. SMITH, Justice. Appellant Paramount Pictures Corp. challenges the Georgia Motion Picture Fair Competition Act, Code Ann. Ch. 106-13, under the free speech and due process provisions of the Georgia Constitution. Paramount is a Delaware corporation engaged in […]

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HAMILTON v. STATE, 246 Ga. 264 (1980)

271 S.E.2d 173 HAMILTON v. THE STATE. 35078.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1980. UNDERCOFLER, Chief Justice. The United States Supreme Court by its order in Hamilton v. Georgia, 48 USLW 3767 (1980), has vacated this court’s judgment in Hamilton v. State, 244 Ga. 145 (259 S.E.2d 81) (1979), insofar as the affirmance of […]

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PEEBLES v. STATE, 236 Ga. 93 (1976)

222 S.E.2d 376 PEEBLES v. THE STATE. 30217.Supreme Court of Georgia.SUBMITTED AUGUST 15, 1975. DECIDED JANUARY 27, 1976. PER CURIAM. Elvin Peebles was convicted of murder and robbery by force and sentenced to life imprisonment. Appellant’s motion for new trial was denied, and he files this appeal. The evidence disclosed that on December 19, 1974, […]

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HARDWICK v. STATE, 264 Ga. 161 (1994)

442 S.E.2d 236 HARDWICK v. THE STATE. S94A0378.Supreme Court of Georgia. DECIDED MAY 2, 1994. HUNT, Chief Justice. This is a case in which the state is seeking the death penalty. We granted Kenneth Hardwick’s application for interlocutory appeal to review the trial court’s rulings regarding Hardwick’s motion for change of venue. In November 1992, […]

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BRADLEY v. THOMPSON, 202 Ga. 785 (1947)

44 S.E.2d 898 BRADLEY v. THOMPSON et al. 15980.Supreme Court of Georgia. OCTOBER 17, 1947. 1. Where the uncontradicted evidence paper title to the lots in dispute in the plaintiffs, the burden was on the defendant to prove the averments of her answer, in the nature of a cross-petition, that her husband paid for the […]

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MacNEILL v. FULTON COUNTY, 210 Ga. 119 (1953)

78 S.E.2d 40 MacNEILL, Treasurer, v. FULTON COUNTY et al. 18321.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1953. DECIDED OCTOBER 14, 1953. 1. The Supreme Court of this State is strictly an appellate tribunal. It has no original jurisdiction, but is a court only for the correction of errors of law, and upon questions actually presented […]

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HORTON v. HORTON, 288 Ga. 217 (2010)

HORTON v. HORTON. No. S10F0827.Supreme Court of Georgia. DECIDED NOVEMBER 8, 2010. MELTON, Justice. Following a jury trial, Martha Ann Horton (Wife) and Randolph Horton (Husband) were divorced pursuant to a Total Judgment and Decree of Divorce entered on June 5, 2009. During the trial of the case, the trial court refused to allow Wife […]

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PATENT SCAFFOLDING CO. v. BYERS, 220 Ga. 426 (1964)

139 S.E.2d 332 PATENT SCAFFOLDING COMPANY v. BYERS. 22664.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1964. DECIDED OCTOBER 19, 1964. REHEARING DENIED NOVEMBER 19, 1964. The plaintiff, as a purchaser of the land which was the subject matter of a prior consent decree in an action between its predecessor in title and the defendant, took the […]

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