Category: Georgia Supreme Court Opinions

193 S.E.2d 830 PARKER et al. v. AMERICAN FAMILY RECREATION CENTER, INC. 27335.Supreme Court of Georgia.ARGUED JULY 11, 1972. DECIDED OCTOBER 23, 1972. HAWES, Justice. American Family Recreation Center, Inc., sued James A. Parker, E. Napier Burson, Jr., and Lewis F. Hunter, Jr., seeking to enjoin them from foreclosing a junior deed to secure debt […]

116 S.E.2d 235 ELLER et al. v. MATTHEWS. 20956.Supreme Court of Georgia.ARGUED JULY 11, 1960. DECIDED SEPTEMBER 8, 1960. REHEARING DENIED SEPTEMBER 21, 1960. QUILLIAN, Justice. 1. A petition for a writ of habeas corpus, seeking custody of minor children, which alleges that such children are in the custody of the defendant; that the defendants […]

441 S.E.2d 757 BRYANT v. EMPLOYEES RETIREMENT SYSTEM OF GEORGIA et al. S94A0661.Supreme Court of Georgia. DECIDED APRIL 18, 1994. PER CURIAM. In the Bryants’ May 1992 divorce, Ms. Bryant was awarded one third of Mr. Bryant’s retirement benefits in his account with the Employees Retirement System of Georgia (ERS). Ms. Bryant brought the instant […]

206 S.E.2d 437 O. N. JONAS COMPANY, INC. v. B P SALES CORPORATION. O. N. JONAS COMPANY, INC. v. B P DISTRIBUTORS OF EASTERN PENNSYLVANIA, INC. O. N. JONAS COMPANY, INC. v. B P DISTRIBUTORS, INC. 28508, 28509, 28510.Supreme Court of Georgia.SUBMITTED DECEMBER 14, 1973. DECIDED MAY 21, 1974. GUNTER, Justice. This case (three actions […]

9 S.E.2d 73 NELSON et al. v. ESTILL et al. 13130.Supreme Court of Georgia. MAY 14, 1940. 1. A decree adversely affecting the interests of minors, even though it be entered by consent of their father as next friend, may, if induced by fraud, duress, or the like, be set aside at their instance in […]

34 S.E.2d 506 FRANKLIN v. MAYOR AND ALDERMEN OF SAVANNAH. 15174.Supreme Court of Georgia. JUNE 7, 1945. 1. The general demurrer to the petition was properly sustained. 2. The act approved March 3, 1943 (Ga. L. 1943, p. 1575), does not violate the equal-protection-of-law provisions of the constitutions, State or Federal. 3. No cross-bill having […]

183 S.E.2d 206 YONCE v. DEYTON. 26465.Supreme Court of Georgia.SUBMITTED APRIL 14, 1971. DECIDED JULY 9, 1971. HAWES, Justice. The appeal here is from an order denying appellant’s petition for habeas corpus. The order appealed from was entered on November 6, 1970. The record shows that thereafter on December 21, 1970, the appellant filed a […]

139 S.E.2d 286 MACK v. CONNOR, Sheriff, et al. WALLACE v. CONNOR, Sheriff, et al. CONEY v. CONNOR, Sheriff, et al. GORDON v. CONNOR, Sheriff, et al. MAJOR v. CONNOR, Sheriff, et al. SMITH v. CONNOR, Sheriff, et al. WILLIAMS v. CONNOR, Sheriff, et al. WHITFIELD v. CONNOR, Sheriff, et al. PALMER v. CONNOR, Sheriff, […]

47 S.E.2d 745 HARDIN v. THE STATE. 16168.Supreme Court of Georgia. APRIL 15, 1948. REHEARING DENIED MAY 14, 1948. 1. The evidence authorized the verdict. 2. Though several grounds of the amended motion allege error in the failure of the judge, upon written request, to charge the law of involuntary Page 642 manslaughter in the […]

182 S.E.2d 434 GAITHER et al. v. THE STATE. 26502.Supreme Court of Georgia.ARGUED MAY 10, 1971. DECIDED JUNE 2, 1971. ALMAND, Chief Justice. The defendants (appellants herein) were tried for armed robbery, convicted, and each sentenced to ten years imprisonment. During their trial, the district attorney offered in evidence a transcript of former testimony of […]

32 S.E.2d 822 RAILWAY EXPRESS AGENCY INC. v. COOK, revenue commissioner. 14989.Supreme Court of Georgia. JANUARY 5, 1945. The “pick-up and delivery” service of an express company, more particularly set forth in the statement of facts, constitutes a part of the duties assumed by it as a public carrier, and consequently such a company is […]

10 S.E.2d 369 STATE BOARD OF EDUCATION et al. v. COUNTY BOARD OF EDUCATION OF RICHMOND COUNTY. 13361.Supreme Court of Georgia. JUNE 21, 1940. REHEARING DENIED JULY 13, 1940. 1. Section 20 of the act of 1872, establishing the Richmond County Board of Education, which provided “That no general law upon the subject of education, […]

633 S.E.2d 541 BAKER v. THE STATE. S06A0500.Supreme Court of Georgia. DECIDED JULY 18, 2006. BENHAM, Justice. Appellant Desmond Baker was convicted of two counts of misdemeanor reckless conduct, violations of OCGA § 16-5-60 (b). In his appeal, he challenges the constitutionality of OCGA § 16-5-60 (b) and contends the investigating officer was erroneously permitted […]

604 S.E.2d 486 GOMES v. GOMES. S04A1475.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. FLETCHER, Chief Justice. Frances Gomes (Wife) sought attorney’s fees from Mario Gomes (Husband) pursuant to their divorce decree. The trial court denied Wife attorney’s fees because she failed to cite statutory or case law support for her request. Wife appeals, contending […]

59 S.E.2d 376 MAYS et al. v. LANGENBACK et al. 17041.Supreme Court of Georgia. MAY 9, 1950. HEAD, Justice. 1. In Langenback v. Mays, 205 Ga. 706 (54 S.E.2d 401), this court reversed the judgment of the trial court, sustaining the general demurrers to the petition. It was there ruled that the verbal agreement alleged […]

35 S.E.2d 150 WARD v. THE STATE. 15247.Supreme Court of Georgia. SEPTEMBER 7, 1945. DUCKWORTH, Justice. The defendant in the present criminal case was convicted of robbery by intimidation which under the statute (Code, § 26-2503) is not a capital felony, and no other question is raised which under Code, § 2-3005, would give this […]

299 S.E.2d 538 PHILLIPS CONSTRUCTION COMPANY et al. v. COWART IRON WORKS, INC. et al. 39029.Supreme Court of Georgia. DECIDED JANUARY 25, 1983. HILL, Chief Justice. Phillips Construction Company (general contractor) contracted with the owner, Donald Golden (owner), for the construction of a shopping center. Cowart Iron Works, Inc., and Rembrant, Inc. (subcontractors), subcontracted with […]

381 S.E.2d 514 MAYS v. THE STATE. 46813.Supreme Court of Georgia. DECIDED JUNE 8, 1989. SMITH, Justice. James Mays III was convicted of felony murder for the stabbing death of Garry Wilson and was sentenced to life imprisonment.[1] In this appeal the defendant raises two enumerations of error. We affirm. 1. Mays contends that the […]

406 S.E.2d 481 CURRY v. THE STATE. S91A0740.Supreme Court of Georgia. DECIDED JUNE 20, 1991. SMITH, Presiding Justice. Appellant Adron Curry was charged with one count of malice murder, one count of felony murder, and two counts of possession of a firearm during the commission of a crime in connection with the shooting death of […]

533 S.E.2d 714 ALEXANDER E. WILLIAMS, IV v. FREDERICK J. HEAD, WARDEN. S00E1994.Supreme Court of Georgia. DECIDED: August 22, 2000. The Honorable Supreme Court met pursuant to adjournment. The following order was passed: Having considered the motion for stay of execution filed by Alexander Edmund Williams, the motion is hereby granted. All the Justices concur, […]

442 S.E.2d 734 IN THE MATTER OF W. KENT BISHOP. S93Y1886.Supreme Court of Georgia. DECIDED APRIL 18, 1994. RECONSIDERATIONS DENIED MAY 13, 1994. DISMISSED JUNE 6, 1994. PER CURIAM. In 1991, two separate disciplinary proceedings were commenced against W. Kent Bishop. On January 3, 1992, the State Bar mailed two Notices of Investigation regarding these […]

309 S.E.2d 142 MACON TELEGRAPH PUBLISHING COMPANY v. ELLIOTT. 39808.Supreme Court of Georgia. DECIDED OCTOBER 4, 1983. REHEARING DENIED OCTOBER 25, 1983. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated. Writ of certiorari vacated. Hill, C. […]

656 S.E.2d 842 BRADLEY v. THE STATE. No. S07A1706.Supreme Court of Georgia. DECIDED JANUARY 28, 2008. SEARS, Chief Justice. In 2001, a Fulton County jury convicted Tyrone D. Bradley of felony murder and aggravated assault in connection with the shooting death of Terrance Allen. Bradley admits he killed the victim but claims he did so […]

181 S.E.2d 376 HARDWICK et al. v. THE STATE. 26385.Supreme Court of Georgia.SUBMITTED MARCH 8, 1971. DECIDED APRIL 8, 1971. PER CURIAM. The appellants, after their conviction and being sentenced for the offenses of armed robbery and aggravated assault, filed their notice of appeal on February 6, 1970. In this notice the trial court clerk […]

528 S.E.2d 793 MOORE v. THE STATE. S00A0412.Supreme Court of Georgia. DECIDED: MAY 1, 2000. FLETCHER, Presiding Justice. Reginald Keith Moore was convicted of felony murder in the death of John Henry Lamar.[1] Moore contends that the trial court should have suppressed his statement to police because he made a clear and unambiguous request for […]

217 S.E.2d 597 JONES v. THE STATE. 29994.Supreme Court of Georgia.ARGUED JUNE 9, 1975. DECIDED JUNE 24, 1975. NICHOLS, Chief Justice. Frederick Eugene Jones was indicted and convicted of the offense of murder. He was sentenced to life Page 649 imprisonment. His motion for new trial as amended was overruled and the present appeal filed. […]

110 S.E.2d 642 BOOKHOLT v. GENERAL MOTORS CORPORATION. 20631.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1959. DECIDED OCTOBER 9, 1959. The act of the General Assembly here attacked as unconstitutional (Ga. L. 1957, p. 405; Code, Ann., § 96-307) is not unconstitutional for any reason assigned. ARGUED SEPTEMBER 17, 1959 — DECIDED OCTOBER 9, 1959. Breach […]

533 S.E.2d 712 HARGIS v. DEPARTMENT OF HUMAN RESOURCES. S00A0162.Supreme Court of Georgia. DECIDED JULY 14, 2000. HINES, Justice. The Department of Human Resources (“DHR”) filed suit to establish William Hargis’s paternity of a minor. Hargis answered on May 20, 1997, demanding a jury trial. On July 1, 1997, an amendment to OCGA § 19-7-40 […]

272 S.E.2d 73 BRAZIEL v. BROOKS. 36846.Supreme Court of Georgia. DECIDED OCTOBER 7, 1980. UNDERCOFLER, Chief Justice. This is an appeal from an election contest involving the Democratic primary run-off for Chatham County Commissioner for the First District. William F. Braziel, contestant, received 2,023 votes and Charles C. Brooks received 2,027. The trial court ruled […]

105 S.E.2d 219 BRANCH v. THE STATE. 20177.Supreme Court of Georgia.SUBMITTED SEPTEMBER 8, 1958. DECIDED OCTOBER 10, 1958. DUCKWORTH, Chief Justice. Upon the trial of Nathel Branch on the indictment charging him with raping Daisy Pearl Redding, the testimony of the alleged victim shows that he went into her bedroom where she was fixing her […]

458 S.E.2d 643 FARLEY v. THE STATE. S95A0277.Supreme Court of Georgia. DECIDED JUNE 30, 1995. RECONSIDERATION DENIED JULY 28, 1995. CARLEY, Justice. Appellant, David James Farley, was tried before a jury and found guilty of the simple battery of Sarah Davis and of the felony murder of Joseph Croft while in the commission of an […]

184 S.E.2d 165 CATO et al. v. BORN. 26639.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1971. DECIDED OCTOBER 7, 1971. ALMAND, Chief Justice. This appeal is from an order denying the appellant’s motion for a summary judgment on a complaint seeking equitable and legal relief. This case in a companion case to that of Cato v. […]

570 S.E.2d 305 DAVIS v. THE STATE. S02A0771.Supreme Court of Georgia. Decided: September 30, 2002 Hines, Justice. Willie James Davis appeals from his convictions for felony murder, aggravated assault, simple assault, and possession of a firearm during the commission of a crime, all in connection with the death of Crystal Harris. For the reasons that […]

214 S.E.2d 668 BRAZIEL v. GREEN. 29626.Supreme Court of Georgia. DECIDED MARCH 4, 1975. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

684 S.E.2d 596 TURNER v. TURNER. No. S09F1313.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. THOMPSON, Justice. Raymond and Jessica Turner were married in 1999 and had two children. Raymond filed for divorce in January 2008. The parties reached a partial settlement agreement which provided, inter alia, that husband and wife would share joint legal […]

467 S.E.2d 546 THREATT ET AL. v. FULTON COUNTY ET AL. S95A1533Supreme Court of Georgia. DECIDED MARCH 11, 1996 RECONSIDERATION DENIED MARCH 28, 1996. HINES, Justice. This appeal stems from three condemnation actions brought by Fulton County[1] to acquire sewer easements Page 467 across three tracts of land adjoining the Chattahoochee River.[2] The easements were […]

93 S.E.2d 351 STEPHENS v. BACON PARK COMMISSIONERS et al. 19340.Supreme Court of Georgia.ARGUED MAY 15, 1956. DECIDED JUNE 13, 1956. WYATT, Presiding Justice. The plaintiff in error filed suit against the Bacon Park Commissioners, the Mayor and Aldermen of the City of Savannah, Thomas M. Ryle, and D. B. Calder, seeking to enjoin as […]

167 S.E.2d 636 LOWERY v. ADAMS. 25152.Supreme Court of Georgia.SUBMITTED APRIL 15, 1969. DECIDED APRIL 24, 1969. REHEARING DENIED MAY 8, 1969. DUCKWORTH, Chief Justice. The appeal is from the denial of motions to (1) quash the service and dismiss the rule nisi in Civil Action No. 5, October term 1968, Murray Superior Page 249 […]

41 S.E.2d 229 GILMORE, executrix, et al. v. GILMORE et al. 15661.Supreme Court of Georgia. JANUARY 9, 1947. The powers conferred by the testator in his will upon the person named as executor and as trustee of his estate, being powers which were personal and discretionary, and not imperative or mandatory, did not attach to […]

178 S.E.2d 159 HOWARD et al. v. SMITH. 25997.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1970. DECIDED NOVEMBER 5, 1970. HAWES, Justice. The appeal here is from the judgment and order of the trial court dissolving and revoking a temporary restraining order which had previously been entered and Page 851 which restrained the defendant from exercising […]

18 S.E.2d 832 MEBANE et al. v. CARTER. 14007.Supreme Court of Georgia. FEBRUARY 11, 1942. GRICE, Justice. 1. A suit for specific performance of an alleged parol contract of purchase of land, which admits a balance due on the purchase-price thereof, and which contains no sufficient tender of the said balance, and sets forth no […]

185 S.E.2d 399 RICHMOND COUNTY v. RICHMOND COUNTY BUSINESS ASSOCIATION, INC., et al.; and vice versa. 26707, 26708.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1971. DECIDED NOVEMBER 5, 1971. UNDERCOFLER, Justice. This appeal is from the trial court’s judgment declaring a local enabling constitutional amendment of Richmond County and the ordinance adopted thereunder void as being […]

61 S.E.2d 832 PERSONS, Superintendent of Banks, v. LEA, et al. 17200.Supreme Court of Georgia.OCTOBER 10, 1950. REHEARING DENIED NOVEMBER 15, 1950. HEAD, Justice. The defendants in error brought proceedings in the nature of mandamus against the plaintiff in error, as Superintendent of Banks, to require him to issue a certificate approving a charter for […]

366 S.E.2d 289 IN RE OLLIFF. 45257.Supreme Court of Georgia. DECIDED APRIL 7, 1988. HUNT, Justice. We granted certiorari in In re Olliff, 184 Ga. App. 846 (363 S.E.2d 158) (1987), to determine whether Ms. Olliff was precluded as a matter of law from recovering her expenses and attorney fees incurred in her successful defense […]

206 S.E.2d 468 JOHNSTON v. THE STATE. 28668.Supreme Court of Georgia.ARGUED MARCH 11, 1974. DECIDED MAY 21, 1974. JORDAN, Justice. Lewis Johnston was indicted and convicted for the Page 269 murder of his wife and sentenced to life imprisonment. It appears from the evidence adduced at the trial of the case that on October 14, […]

87 S.E.2d 73 BERGER v. McNATT et al. 18905.Supreme Court of Georgia.ARGUED MARCH 15, 1955. DECIDED APRIL 12, 1955. HAWKINS, Justice. Defendants having filed demurrers to the petition, which were overruled by the trial court, to which judgments no exceptions have been taken, and plaintiff having introduced evidence substantially proving the case laid in his […]

250 S.E.2d 408 WALL et al. v. BOARD OF ELECTIONS OF CHATHAM COUNTY et al. McDOWELL v. BOARD OF ELECTIONS OF CHATHAM COUNTY et al. 34037, 34038.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1978. DECIDED OCTOBER 30, 1978. REHEARING DENIED NOVEMBER 21, 1978. MARSHALL, Justice. The present case presents challenges to the constitutionality of a local […]

276 S.E.2d 641 RUSSELL et al. v. FULTON NATIONAL BANK OF ATLANTA. 37023.Supreme Court of Georgia. DECIDED APRIL 10, 1981. REHEARING DENIED MAY 5, 1981. SMITH, Justice. In 1969, appellant Glynette Russell and the decedent were divorced. On February 10, 1969, appellant and the decedent entered into a consent order providing for the maintenance and […]

333 S.E.2d 597 MAYWEATHER v. THE STATE. 41992.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1985. SMITH, Justice. A Stephens County jury found appellant, Johnny Lee Mayweather, guilty of possession of a firearm by a convicted felon and guilty of the murder of Bessie Mae Wheeler, his former lover. Appellant was sentenced to five years imprisonment […]

352 S.E.2d 388 TENDLER v. THOMPSON. 43855.Supreme Court of Georgia. DECIDED JANUARY 28, 1987. CLARKE, Presiding Justice. Appellee, a Cobb County Commissioner, is the defendant in a quo warranto action brought by appellant for the purpose of having appellee’s office declared vacant. The basis of this action was Ga. L. 1973, p. 3640, which amends […]

31 S.E.2d 349 HOLLOWAY v. DORSEY. 14933.Supreme Court of Georgia. SEPTEMBER 11, 1944. JENKINS, P. J. Where an equitable petition for injunctive relief is filed, and the defendant enters general and special demurrers thereto and a plea and answer setting up a claim for a money demand and asking a judgment therefor against the plaintiff, […]

13 S.E.2d 351 DAVIS v. THE STATE. 13463.Supreme Court of Georgia. FEBRUARY 12, 1941. JENKINS, Justice. 1. While the defendant in error has made no motion to dismiss the writ of error, “it is not only the right but the duty of a reviewing . . court to raise the question of its jurisdiction in […]

49 S.E.2d 661 CITY OF SUMMERVILLE v. GEORGIA POWER COMPANY. 16312.Supreme Court of Georgia. SEPTEMBER 14, 1948. CANDLER, Justice. The exception here is to a judgment sustaining a general demurrer to a petition seeking declaratory relief. The petition alleges that on June 13, 1924, the City Council of Summerville purportedly, but illegally, granted to Georgia […]

404 S.E.2d 117 ROY v. NORMAN. S91A0539.Supreme Court of Georgia. DECIDED MAY 15, 1991. RECONSIDERATION DENIED JUNE 7, 1991. SMITH, Presiding Justice. We granted a petition for Writ of Certiorari in this Workers’ Compensation case to answer the question: “Whether the employee’s conduct constituted wilful misconduct within the meaning of OCGA § 34-9-17.” The appellant, […]

606 S.E.2d 266 LASSIC v. THE STATE. S04A1535.Supreme Court of Georgia. DECIDED NOVEMBER 22, 2004. SEARS, Presiding Justice. Appellant Michael Lassic appeals his convictions for murder and cocaine possession,[1] claiming that his trial counsel was ineffective and that the trial court improperly injected its opinion into proceedings. Finding both claims to be without merit, we […]

458 S.E.2d 631 BARBER FERTILIZER COMPANY v. CHASON. S95A1041.Supreme Court of Georgia. DECIDED JUNE 29, 1995. CARLEY, Justice. A civil action against Barber Fertilizer Company (Barber) was tried before a jury in the Superior Court of Decatur County with Judge Chason (Judge) presiding. A verdict was returned against Barber and a judgment was entered thereon […]

260 S.E.2d 60 COBB v. THE STATE. 35107.Supreme Court of Georgia.ARGUED JULY 10, 1979. DECIDED SEPTEMBER 26, 1979. MARSHALL, Justice. This is the direct appeal of Anthony Jerome Cobb from his conviction in Turner County Superior Court of the armed robbery and murder of Harvey M. Downing and his sentences of life and death, respectively. […]

594 S.E.2d 637 THE STATE v. LEJEUNE; and vice versa. S04A0115, S04A0116.Supreme Court of Georgia. DECIDED MARCH 29, 2004. RECONSIDERATION DENIED APRIL 14, 2004. SEARS, Presiding Justice. Michael B. Lejeune is accused of malice murder committed in December 1997, after which he allegedly cut up the victim’s body and burned it in a cemetery. The […]

229 S.E.2d 403 LEDFORD v. THE STATE (two cases). 31489, 31490.Supreme Court of Georgia.SUBMITTED SEPTEMBER 3, 1976. DECIDED SEPTEMBER 28, 1976. NICHOLS, Chief Justice. Charles Terrell Ledford and Johnny Ray Ledford were jointly indicted for the offenses of armed robbery and aggravated assault. The defendants were jointly tried and found guilty of both offenses. Their […]

218 S.E.2d 79 BARAGER v. HOPPER. 29935.Supreme Court of Georgia. DECIDED JUNE 25, 1975. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

418 S.E.2d 3 IN RE JANE DOE, a minor. S92A0325.Supreme Court of Georgia. DECIDED JULY 6, 1992. CLARKE, Justice. In this appeal from a final order in a declaratory judgment action, we face several difficult issues relating to medical decision-making for a terminally ill child. Jane Doe, a 13-year-old child, had experienced medical problems since […]

252 S.E.2d 391 BURGESS v. THE STATE. 34049.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1978. DECIDED JANUARY 4, 1979. REHEARING DENIED JANUARY 23, 1979. HILL, Justice. In October, 1978, appellant Raymond Burgess, Michael Dixon, Michael Anthony Booker and Terri Jean Page 890 Jones were indicted in Fulton County for the murder of Danny Earl Cotton. Burgess […]

210 S.E.2d 727 BURNEY v. BURNEY. 29148.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1974. DECIDED NOVEMBER 18, 1974. In this equitable action to set aside a judgment, it was not error for the trial judge to vacate the judgment as it related to custody, visitation rights, and child support, and to leave in effect the divorce […]

353 S.E.2d 484 STEGALL v. LEADER NATIONAL INSURANCE COMPANY. 44095.Supreme Court of Georgia. DECIDED MARCH 11, 1987. GREGORY, Justice. The appellant, Deborah Alexander Stegall, was involved in an automobile collision on June 17, 1984. It is undisputed that the automobile insurance policy issued by appellee to appellant expired on May 18, 1984. Appellant filed suit […]

224 S.E.2d 380 INDEPENDENT LIFE ACCIDENT INSURANCE COMPANY v. BRANTON. 30730.Supreme Court of Georgia. DECIDED MARCH 16, 1976. PER CURIAM. This court denied the applicant’s petition for a writ of certiorari to the Court of Appeals in this case on February 11, 1976. Applicant made a timely motion for reconsideration of this court’s denial of […]

241 S.E.2d 214 RIDDLE v. RIDDLE. 32930.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1977. DECIDED JANUARY 3, 1978. REHEARING DENIED JANUARY 18, 1978. MARSHALL, Justice. The appellant filed this contempt citation against the appellee, alleging that he was $3,939 in arrears in child support payments awarded to her in a 1970 divorce decree. The trial court […]

171 S.E.2d 505 CLEAR VISION CATV SERVICES, INC. v. MAYOR OF JESUP et al. 25375.Supreme Court of Georgia.SUBMITTED SEPTEMBER 8, 1969. DECIDED NOVEMBER 6, 1969. REHEARING DENIED DECEMBER 4, 1969. UNDERCOFLER, Justice. Clear Vision CATV Services, Inc., filed a petition in the Superior Court of Wayne County against the mayor and members of the commission […]

440 S.E.2d 7 WRIGHT v. THE STATE. BOBB v. THE STATE. BAILEY v. THE STATE. S93A1859, S93A1860, S93A1861.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1994. HUNSTEIN, Justice. Vernice Wright, Courtney Bobb and Alton Bailey were convicted of the felony murder of four-year-old Jeremy Brown, killed in a drive-by shooting. Bailey was also convicted of possession […]

175 S.E.2d 22 MIAMI PROPERTIES, INC. v. FITTS et al. 25699.Supreme Court of Georgia.ARGUED MARCH 11, 1970. DECIDED APRIL 9, 1970. REHEARING DENIED APRIL 23, 1970. The instant suit is between the same parties or their privies, and involves the same subject matter and substantially the same prayers for relief as were in an earlier […]

428 S.E.2d 344 HALLMAN v. THE STATE. S93A0274.Supreme Court of Georgia. DECIDED APRIL 19, 1993. CARLEY, Justice. After a jury trial, appellant was found guilty of murder. She appeals from the judgment of conviction and life sentence entered by the trial court on the jury’s guilty verdict.[1] Page 73 1. [Appellant] contends that the trial […]

195 S.E.2d 918 CARTER v. CHAMBERS. 27663.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1973. DECIDED FEBRUARY 8, 1973. REHEARING DENIED FEBRUARY 22, 1973. MOBLEY, Chief Justice. This appeal is from a judgment entered on a jury verdict in an injunctive action between coterminous landowners. L. L. Carter brought his complaint against J. T. Chambers, alleging that […]

259 S.E.2d 633 DELGADO v. DELGADO. 34977.Supreme Court of Georgia.ARGUED JUNE 11, 1979. DECIDED SEPTEMBER 5, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. ARGUED JUNE 11, 1979 — DECIDED SEPTEMBER 5, 1979. Alimony. Fulton Superior Court. Before Judge Alverson. Mark J. Kadish, Rhonda Brofman, for appellant. Paul Cadenhead, Emily […]

15 S.E.2d 786 JOHNSON v. THE STATE. 13787.Supreme Court of Georgia. JULY 8, 1941. 1. Uncommunicated threats made by the deceased against defendant are not admissible on the trial of a case involving the question whether the slayer was justified in taking the life of the deceased, unless there is evidence showing or tending to […]

227 S.E.2d 62 LEE v. THE STATE. 31240.Supreme Court of Georgia.ARGUED JUNE 15, 1976. DECIDED JULY 1, 1976. NICHOLS, Chief Justice. Ennis Lee, also known as Bobby Lee, was indicted, tried and convicted of the offense of murder. He received a life sentence and his motion for new trial was overruled. The appeal is from […]

228 S.E.2d 913 DAY v. THE STATE. 31345.Supreme Court of Georgia.ARGUED JULY 13, 1976. DECIDED SEPTEMBER 9, 1976. JORDAN, Justice. Gary Lamont Day appeals his convictions of armed robbery and aggravated battery, and sentences of life imprisonment for the armed robbery and 15 years for the aggravated battery. The Pantry Pride Super Market in Albany […]

277 S.E.2d 736 SMITH et al. v. FINSTAD et al. 37050.Supreme Court of Georgia. DECIDED MAY 19, 1981. CLARKE, Justice. Mr. and Mrs. Finstad, appellees (hereinafter “grandparents”) brought a complaint to obtain visitation with their granddaughter, Cassandra Marie. This action was brought pursuant to Code Ann. § 74-112 (b) (3) (Ga. L. 1980, pp. 936, […]

149 S.E.2d 68 THE DECK, INC. et al. v. NOE. 23466.Supreme Court of Georgia.ARGUED MAY 9, 1966. DECIDED MAY 26, 1966. MOBLEY, Justice. The petitioner, Irene M. Noe, brought an action seeking to enjoin defendants from violating a restrictive covenant in a deed in that defendants had constructed a building on the property for the […]

28 S.E.2d 652 HENDERSON v. THE STATE. 14721.Supreme Court of Georgia. JANUARY 12, 1944. This case came before the Supreme Court on the question whether or not the trial court erred in refusing to grant a new trial; and the court being evenly divided in opinion, Bell, C. J., Jenkins, P. J., and Wyatt, J., […]

67 S.E.2d 239 WILLS et al v. PIERCE et al. 17557.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1951. DECIDED OCTOBER 10, 1951. Where a grantor conveys land in fee simple, followed by a condition that the property be used by the grantee, his family, and his heirs as a home, and that upon abandonment of said […]

18 S.E.2d 542 GENERAL AMERICAN LIFE INSURANCE COMPANY v. BUTTS, administrator. 13907.Supreme Court of Georgia. JANUARY 16, 1942. 1. Under the provisions of a contract of life insurance, to the effect that if the insured failed to pay the premium when due, the company would apply the net loan value of the contract to continue […]

599 S.E.2d 182 THE VIRGINIA INSURANCE RECIPROCAL. v. PILZER. S03G1216.Supreme Court of Georgia. DECIDED JULY 12, 2004. BENHAM, Justice. In a medical malpractice suit filed against Pilzer, Scottish Rite Children’s Medical Center, and two employees of Scottish Rite in February 1993, a jury found Pilzer and one hospital employee negligent and entered an unapportioned verdict […]

224 S.E.2d 32 ADAMS v. THE STATE. 30631.Supreme Court of Georgia.SUBMITTED JANUARY 19, 1976. DECIDED MARCH 11, 1976. INGRAM, Justice. Appellant was tried and convicted by a jury in Fulton Superior Court of the offense of murder and received a sentence of life imprisonment. His amended motion for new trial was overruled in the trial […]

710 S.E.2d 141 LAY v. THE STATE. No. S11A0560.Supreme Court of Georgia. DECIDED MAY 16, 2011. NAHMIAS, Justice. Jonah Lay appeals from the trial court’s denial of his motion in arrest of judgment. We affirm. 1. In June 2004, Lay was convicted in Fulton County of felony murder and other crimes, and his trial counsel […]

657 S.E.2d 245 IN THE MATTER OF MICHAEL B. BUTLER. No. S07Y1664.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. RECONSIDERATION DENIED MARCH 10, 2008. PER CURIAM. This disciplinary matter is before the Court on the Report of the Review Panel recommending that Respondent Michael B. Butler be disbarred. Although Butler acknowledged service of the formal […]

378 S.E.2d 859 JOHNSON v. THE STATE. 46646.Supreme Court of Georgia. DECIDED MAY 11, 1989. HUNT, Justice. Gary Johnson was convicted for the murder of Deborah Nelson and the aggravated assault of Lamar Smallwood and Robert Moncus.[1] He received a life sentence for the murder charge and 20 years imprisonment for each of the assault […]

241 S.E.2d 189 NORTHSIDE REALTY ASSOCIATES, INC. et al. v. COMMUNITY RELATIONS COMMISSION OF THE CITY OF ATLANTA et al. 32841.Supreme Court of Georgia.ARGUED OCTOBER 12, 1977. DECIDED JANUARY 3, 1978. MARSHALL, Justice. The appellants brought suit in Fulton Superior Court under the Inspection of Public Records Act (Code Ann. § 40-2701 et seq.; Ga. […]

172 S.E.2d 673 SPIVEY, Executor v. METHODIST HOME OF THE SOUTH GEORGIA CONFERENCE, INC. et al.; and vice versa. 25598, 25599.Supreme Court of Georgia.ARGUED JANUARY 13, 1970. DECIDED FEBRUARY 5, 1970. UNDERCOFLER, Justice. John B. Spivey, as executor of the last will and testament of Virginia Nunez Dawkins, deceased, filed a petition for declaratory judgment […]

196 S.E.2d 382 DAVIES et al. v. CURRY et al. 27600.Supreme Court of Georgia.SUBMITTED DECEMBER 11, 1972. DECIDED FEBRUARY 22, 1973. Under the facts in this case the court did not err in denying interlocutory injunction. SUBMITTED DECEMBER 11, 1972 — DECIDED FEBRUARY 22, 1973. Injunction. Dougherty Superior Court. Before Judge Kelley. Durden Durden, Adie […]

84 S.E.2d 354 CRAWFORD v. THE STATE. 18716.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1954. DECIDED OCTOBER 13, 1954. REHEARING DENIED NOVEMBER 10, 1954. CANDLER, Justice. Henry A. Crawford and Harold Griggs were jointly indicted for murder in Early County. The indictment alleges that they unlawfully and with malice aforethought killed James Bush on November 14, […]

426 S.E.2d 365 HOWARD v. THE STATE. S92A1120.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1993. HUNT, Presiding Justice. Kenneth Daniel Howard was convicted of the felony murder, burglary, and armed robbery of Edgar Couch.[1] He appeals, contending error in the trial court’s finding that a key witness was not Howard’s common-law wife, the trial court […]

113 S.E.2d 117 ODOM v. ODOM. 20746.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1960. DECIDED FEBRUARY 11, 1960. CANDLER, Justice. Alleging cruel treatment as his ground therefor, Limerick L. Odom sued his wife, Marie P. Odom, for divorce. By her answer she admitted jurisdiction of the court, but denied the allegations of cruel treatment. By a […]

93 S.E.2d 346 CASH et al. v. CASH et al., Executors. 19347.Supreme Court of Georgia.ARGUED MAY 15, 1956. DECIDED JUNE 12, 1956. MOBLEY, Justice. Preston and Emma Cash, children and the designated executors of W. M. Cash, filed their petition in the Court of Ordinary of Franklin County to probate in solemn form a will […]

38 S.E.2d 817 HARRISON v. HARRISON. 15520.Supreme Court of Georgia. JULY 3, 1946. ATKINSON, Justice. Where a wife files a petition for divorce, alimony, attorney’s fees, and custody of a minor child, and by an interlocutory order is awarded temporary alimony, attorney’s fees, and custody of the child, who was in possession of the husband […]

385 S.E.2d 292 SUN v. COURT OF APPEALS OF GEORGIA. S8900278.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1989. PER CURIAM. This is a case in which mandamus does not lie, therefore, it is dismissed. Petition for writ dismissed. All the Justices concur. DECIDED SEPTEMBER 8, 1989. Petition for mandamus. Joseph C. Sun, pro se. Page […]

684 S.E.2d 631 IN THE MATTER OF R. A. H. No. S09Y0861.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. PER CURIAM. This disciplinary matter is before the Court on the Notice of Discipline filed by the State Bar against the Respondent R. A. H. in which the State Bar alleged that Respondent violated Rules 1.4, […]

18 S.E.2d 629 PEEPLES, executor, et al. v. PEEPLES, executor, et al. 13955.Supreme Court of Georgia. JANUARY 16, 1942. 1. A decree of a court of a sister State having jurisdiction of the subject-matter and the parties, where an accounting was sought and had against executors, is, as to the amount due by them to […]

259 S.E.2d 55 OLIVER v. THE STATE. 35251.Supreme Court of Georgia.SUBMITTED AUGUST 10, 1979. DECIDED SEPTEMBER 5, 1979. PER CURIAM. The appellant was convicted of murder and sentenced to life imprisonment. His defense was insanity. He contends that he was denied a fair trial because of improper statements by the trial court. We disagree and […]

334 S.E.2d 856 YOUNG et al. v. LOCKHART et al. 42354.Supreme Court of Georgia. DECIDED OCTOBER 2, 1985. RECONSIDERATION DENIED OCTOBER 22, 1985. WELTNER, Justice. The City of Atlanta appeals from judgment determining that the clerks of the Traffic Court of the City of Atlanta are entitled to retain (as fees received in lieu of […]

227 S.E.2d 60 BURRELL v. WOOD et al. (two cases). 30634, 31113.Supreme Court of Georgia.SUBMITTED DECEMBER 29, 1975. DECIDED JUNE 30, 1976. HALL, Justice. Appellant, the natural mother of the child whose adoption is here in dispute, brought two suits against the adoptive parents (the maternal grandparents) seeking to have the adoption declared void. After […]

691 S.E.2d 203 SOUTHSTAR ENERGY SERVICES, LLC v. ELLISON et al. No. S09G1664.Supreme Court of Georgia. DECIDED: MARCH 15, 2010. CARLEY, Presiding Justice. Charles Ellison and Susan Bresler (Appellees) filed a class action against Southstar Energy Services, LLC d/b/a Georgia Natural Gas Page 710 (Appellant), seeking to recover overpayments and other damages arising from Appellant’s […]