Category: Georgia Supreme Court Opinions

256 S.E.2d 381 NESBITT et al. v. EWING et al. 34778.Supreme Court of Georgia.ARGUED APRIL 10, 1979. DECIDED APRIL 24, 1979. PER CURIAM. This will contest involves the construction of the will of Joseph L. Nesbitt, who died on June 4, 1978, survived by his widow and two adult daughters. The trial court construed the […]

336 S.E.2d 748 WHITE v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. 42327.Supreme Court of Georgia. DECIDED NOVEMBER 20, 1985. RECONSIDERATION DENIED DECEMBER 19, 1985. SMITH, Justice. Appellant, Omie White, sued appellee, Georgia Farm, to recover maximum optional personal injury protection (PIP) benefits under a no-fault insurance policy. We granted certiorari to consider the Court of […]

514 S.E.2d 834 PARRISH v. STATE OF GEORGIA et al. S98G1804.Supreme Court of Georgia. DECIDED: APRIL 12, 1999. BENHAM, Chief Justice. This appeal arises from an action for personal injuries suffered by Parrish when she was assaulted by two prisoners who had escaped from a work detail being supervised by Jones. Two of the defendants, […]

93 S.E.2d 710 SAMFORD v. SAMFORD. 19374.Supreme Court of Georgia.ARGUED JUNE 13, 1956. DECIDED JULY 10, 1956. MOBLEY, Justice. On October 15, 1954, Mrs. Jewell Bowden Samford filed her petition in Fulton Superior Court, seeking a divorce on the ground of cruel treatment. The defendant filed an answer denying the allegations of the petition. At […]

161 S.E.2d 309 STANLEY v. THE STATE. 24484.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1968. DECIDED APRIL 9, 1968. REHEARING DENIED APRIL 22, 1968. FRANKUM, Justice. Robert E. Stanley was convicted of possessing obscene matter under an indictment framed under the provisions of Code Ann. § 26-6301. He appealed. Jurisdiction of the appeal is in this […]

223 S.E.2d 721 CURTIS v. THE STATE. 30755.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1976. DECIDED FEBRUARY 24, 1976. HALL, Justice. The primary issue in this appeal from Curtis’ conviction of rape and sentence of eight years is presented by his claim that the rape victim’s admission on cross examination that “once” during the attack she […]

223 S.E.2d 199 BUTTS COUNTY et al. v. BRISCOE et al. CHILIVIS et al. v. BRISCOE et al. 30612, 30623.Supreme Court of Georgia.ARGUED NOVEMBER 18, 1975. DECIDED JANUARY 27, 1976. REHEARING DENIED FEBRUARY 11, 1976. JORDAN, Justice. E. D. Briscoe and others, taxpayers of Butts County, brought an action against named officials of Butts County […]

301 S.E.2d 891 THE STATE v. STRICKLAND. 39566.Supreme Court of Georgia. DECIDED APRIL 6, 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 Page 828 vacated. All the Justices concur, except Marshall, P. J., Gregory and Weltner, […]

187 S.E.2d 291 POWERS v. POWERS. 26841.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1971. DECIDED FEBRUARY 11, 1972. GUNTER, Justice. The appellee (the plaintiff below) filed a complaint in the trial court seeking to cancel and set aside a warranty deed to real estate which he alleged was obtained by the appellant (the defendant below) through […]

240 S.E.2d 80 SELBY et al. v. GILMER et al. 32872.Supreme Court of Georgia.ARGUED OCTOBER 13, 1977. DECIDED NOVEMBER 28, 1977. JORDAN, Justice. This appeal is from a judgment modifying a condominium declaration and master plot plan. Tres III Construction, Inc., by declaration dated May 29, 1974, submitted approximately 13.7 acres of land to the […]

404 S.E.2d 548 DOSSETT v. THE STATE. S91G0120.Supreme Court of Georgia. DECIDED MAY 10, 1991. RECONSIDERATION DENIED JUNE 26, 1991. PER CURIAM. Appellant was convicted in probate court of driving under the influence of alcohol. He appealed that conviction to superior court, which affirmed. On appeal to the Court of Appeals, appellant argued that the […]

338 S.E.2d 428 GALAXY CARPET MILLS, INC. v. MASSENGILL et al. 42691.Supreme Court of Georgia. DECIDED JANUARY 17, 1986. MARSHALL, Presiding Justice. The plaintiffs-appellees are homeowners living in close proximity to a carpet dye plant operated by the defendant-appellant. The evidence shows that the area is predominantly residential and that the plant operated for approximately […]

147 S.E.2d 429 ALLEN v. FIRST NATIONAL BANK OF ATLANTA, Administrator, et al. 23369.Supreme Court of Georgia.SUBMITTED FEBRUARY 16, 1966. DECIDED FEBRUARY 23, 1966. QUILLIAN, Justice. While the main case in which the appeal is entered is of an equitable nature, one of its facts was a suit on a promissory note. The appeal taken […]

304 S.E.2d 724 MASON et al. v. BATES. 39913.Supreme Court of Georgia. DECIDED JULY 7, 1983. MARSHALL, Presiding Justice. The question for decision in this case is whether advances made by the assignee of a junior security deed to the holder of a senior security deed, in order to protect the assignee’s secured position, are […]

709 S.E.2d 812 IN THE MATTER OF GREGORY BARTKO. No. S11Y0713.Supreme Court of Georgia. DECIDED APRIL 26, 2011. PER CURIAM. This disciplinary matter is before the Court on the petition of Gregory Bartko (State Bar No. 040476) for voluntary suspension of his license pending appeal of his felony convictions entered in the United States District […]

137 S.E.2d 637 KUTTNER v. MAY REALTY COMPANY. 22542.Supreme Court of Georgia.SUBMITTED JUNE 9, 1964. DECIDED JULY 9, 1964. QUILLIAN, Justice. The instant case involves the construction of a contract for the sale of certain shares in a corporation. The plaintiff alleges that she sold the shares to the defendant corporation for a certain stated […]

710 S.E.2d 120 McCLARIN v. THE STATE. No. S11A0493.Supreme Court of Georgia. DECIDED APRIL 18, 2011. RECONSIDERATION DENIED MAY 16, 2011. THOMPSON, Justice. Appellant Demarcus McClarin was convicted by a jury of malice murder and various related offenses in connection with the shooting death of Mac Mayer.[1] McClarin appeals from the denial of his motion […]

274 S.E.2d 335 COOPER v. MESH et al. 36983.Supreme Court of Georgia. DECIDED FEBRUARY 3, 1981. MARSHALL, Justice. The appellant Cooper filed a complaint in equity to set aside a default judgment rendered against himself and others in favor of the appellee Mesh. Mesh answered the complaint, and she filed a counterclaim for declaratory judgment […]

464 S.E.2d 814 BLACK v. GRAHAM et al. (two cases) S95A1715, S95A1918Supreme Court of Georgia. DECIDED JANUARY 8, 1996 HINES, Justice. These consolidated appeals challenge the dissolution and liquidation of a corporation. Graham and Black were each fifty percent shareholders of a building supplies business. Graham filed a petition to dissolve the corporation pursuant to […]

229 S.E.2d 416 INGRAM v. THE STATE. 31285.Supreme Court of Georgia.SUBMITTED JUNE 25, 1976. DECIDED SEPTEMBER 28, 1976. JORDAN, Justice. Appellant was convicted of escaping confinement after conviction, and armed robbery and aggravated assault during the escape. 1. Assuming that proper objection was made and ruled upon that appellant was dressed in “identifiable prison clothes” […]

158 S.E.2d 679 SMITH v. SMITH. 24355.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1967. DECIDED NOVEMBER 22, 1967. NICHOLS, Justice. Ruby Margaret Smith filed a petition in the Superior Court of Lowndes County seeking a divorce, custody of the couple’s minor children and alimony from Joe Smith, Jr. A temporary order granting the plaintiff custody of […]

288 S.E.2d 214 HUNTER v. THE STATE. 38285.Supreme Court of Georgia. DECIDED MARCH 2, 1982. HILL, Presiding Justice. Larry James Hunter, Sr., appeals his convictions of two counts of felony murder for which he received consecutive life sentences and one count of arson for which he was given a consecutive twenty-year sentence. At trial, evidence […]

287 S.E.2d 15 CALDWELL v. HOSPITAL AUTHORITY OF CHARLTON COUNTY et al. 38079.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1982. HILL, Presiding Justice. This case involves constitutional challenges to the “reimbursable employer” provisions of our Employment Security Law, Code Ch. 54-6. The facts are that Alphya M. Benefield worked for the Hospital Authority of Charlton […]

135 S.E.2d 378 RESERVE INSURANCE COMPANY v. DEARHART. 22272.Supreme Court of Georgia.ARGUED JANUARY 15, 1964. DECIDED FEBRUARY 18, 1964. Automatic coverage for the newly acquired automobile did not exist under the facts here. ARGUED JANUARY 15, 1964 — DECIDED FEBRUARY 18, 1964. Certiorari to the Court of Appeals of Georgia — 108 Ga. App. 347 […]

334 S.E.2d 165 READ v. GHDC, INC. et al. 42097.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 1985. CLARKE, Justice. This case involves the enforceability of a real estate sales contract and raises the questions of contract construction and applicability of the rule against perpetuities. The trial court noted the contract as amended contains no time […]

426 S.E.2d 155 GILBERT v. THE STATE. S92A1524.Supreme Court of Georgia. DECIDED FEBRUARY 18, 1993. RECONSIDERATION DENIED MARCH 12, 1993. HUNSTEIN, Justice. Jeffery Gilbert was convicted of DUI (less safe driver), OCGA § 40-6-391 (a) (1), and underage possession of alcohol, OCGA §3-3-23 (a) (2), and acquitted of DUI (alcohol concentration of .12 grams), OCGA […]

71 S.E.2d 639 RAMSAY, guardian ad litem, et al. v. SIMS et al. 17824.Supreme Court of Georgia.ARGUED APRIL 15, 1952. DECIDED JUNE 9, 1952. REHEARING DENIED JULY 15, 1952. It was the manifest intention of the parties as evidenced by their written contract, which was made the judgment of the court in their divorce action, […]

76 S.E.2d 703 BOWLES et al. v. THE BABCOCK WILCOX COMPANY. 18265.Supreme Court of Georgia.SUBMITTED JUNE 9, 1953. DECIDED JULY 13, 1953. DUCKWORTH, Chief Justice. 1. An option is a contract by which the owner of property agrees with another that the latter shall have the right to buy the owner’s property at a fixed […]

157 S.E.2d 741 BEARDEN v. SHIRLEY, Sheriff. 24337.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1967. DECIDED OCTOBER 20, 1967. REHEARING DENIED NOVEMBER 9, 1967. GRICE, Justice. This appeal is from the denial of a writ of habeas corpus. The petitioner had alleged that he was being illegally detained by the respondent sheriff and jailer pursuant to […]

400 S.E.2d 908 BUTTERSWORTH v. THE STATE. S90A1427.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1991. HUNT, Justice. Cass Lee Buttersworth was convicted by a jury of murder, armed robbery, kidnapping, possession of a sawed-off shotgun and possession of a firearm during the commission of a felony in Tattnall Page 796 County in December 1989.[1] He […]

82 S.E.2d 626 STATE OF GEORGIA et al. v. STATE TOLL BRIDGE AUTHORITY. 18582.Supreme Court of Georgia.ARGUED MAY 12, 1954. DECIDED MAY 31, 1954. The State Toll Bridge Authority Act of 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 302), is not invalid for any reason assigned in the plaintiff’s petition, and the decree of the […]

707 S.E.2d 353 EVANS v. THE STATE. No. S10A2042.Supreme Court of Georgia. DECIDED FEBRUARY 7, 2011. RECONSIDERATION DENIED FEBRUARY 28, 2011. MELTON, Justice. Omar Evans was tried and found guilty by a jury of malice murder, felony murder, aggravated assault, and possession of a firearm by a convicted felon relating to the shooting death of […]

298 S.E.2d 487 MULKEY v. THE STATE. 39197.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. MARSHALL, Presiding Justice. Harold Mulkey appeals from his conviction of malice murder, for which he received a life sentence. 1. The first enumerated error is that the court erred in failing to grant his motion to sever his trial from […]

251 S.E.2d 266 GRIMES v. ROE et al. 33977.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1978. DECIDED DECEMBER 5, 1978. PER CURIAM. Certiorari was granted to decide when the automobile guest passenger-host relationship commences. The facts are clearly stated in the Court of Appeals opinion, as follows (146 Ga. App. 297 (246 S.E.2d 332) (1978)): “The […]

124 S.E.2d 746 WILLIAMS v. HUDGENS. 21551.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1962. DECIDED MARCH 8, 1962. CANDLER, Justice. This litigation arose when D. S. Hudgens, Jr., filed a suit for equitable relief against L. H. Williams, Sr. In substance and so far as need be stated his original petition alleges: The defendant, Williams, owns […]

84 S.E.2d 28 FINNEY, Administrator, et al. v. GREEN et al. 18700.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1954. DECIDED OCTOBER 14, 1954. DUCKWORTH, Chief Justice. 1. In all actions respecting title to lands a prima facie case shall be made upon showing good record title for a period of forty years. Ga. L. 1953, Jan-Feb. […]

195 S.E.2d 14 HOWARD v. THE STATE. 27564.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1972. DECIDED DECEMBER 4, 1972. NICHOLS, Justice. This is an appeal after a conviction of rape. A motion for new trial, as well as a motion for a judgment non obstante veredicto was filed in the trial court. The motion for new […]

31 S.E.2d 477 SMITH et al. v. DAVIDSON. 14918.Supreme Court of Georgia. SEPTEMBER 8, 1944. 1. A contract for the purchase and sale of “a complete pressing club,” consisting of certain articles of personalty, is a contract for the sale of goods, wares, and merchandise, within the meaning of the statute of frauds. 2. The […]

285 S.E.2d 542 BOARD OF COMMISSIONERS OF ROADS AND REVENUES OF TOOMBS COUNTY v. FAIRCLOTH. 38171.Supreme Court of Georgia. DECIDED JANUARY 7, 1982. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED JANUARY 7, 1982. Mandamus. Toombs Superior Court. Before Judge McMillan. B. P. Jackson, Jr., for appellant. Robert S. Reeves, […]

214 S.E.2d 658 HICKS v. THE STATE. 29736.Supreme Court of Georgia.SUBMITTED MARCH 10, 1975. DECIDED APRIL 8, 1975. PER CURIAM. The notice of appeal in this case states the appeal is from an order of the Criminal Court of Fulton County dated December 4, 1974, in which defendant’s demurrers and motions were overruled and denied. […]

696 S.E.2d 661 IN THE MATTER OF THOMAS EDWIN SASSER III. No. S10Y1151.Supreme Court of Georgia. DECIDED JUNE 28, 2010. PER CURIAM. This disciplinary matter is before the Court pursuant to Respondent Thomas Edwin Sasser Ill’s (State Bar No. 626880) petition for voluntary surrender of license. In the petition, Sasser who has been a member […]

76 S.E.2d 15 HAMMOCK v. HAMMOCK et al. 18180.Supreme Court of Georgia.SUBMITTED APRIL 14, 1953. DECIDED MAY 12, 1953. CANDLER, Justice. Mrs. Ellene Hammock instituted contempt proceedings in the Superior Court of Fulton County against Edward M. Hammock and Julius A. Hammock. Her case was heard on January 6, 1953, and the evidence shows the […]

89 S.E.2d 492 WALDEN, Treasurer, et al. v. OWENS, Clerk, et al. 19078.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1955. DECIDED OCTOBER 11, 1955. 1. A legislative act which is limited in classification to only one county at the time of its passage, and which is so restricted by its terms that it can not operate […]

357 S.E.2d 74 ROBINSON v. THE STATE. 44036.Supreme Court of Georgia. DECIDED JUNE 24, 1987. CLARKE, Presiding Justice. Appellant was convicted of felony murder in the death of Tevya Manson, the five-year-old daughter of his common-law wife Judy Jones.[1] He was found not guilty of malice murder, not guilty of cruelty to children, and guilty […]

190 S.E.2d 67 FRAZIER v. FRAZIER. 27206.Supreme Court of Georgia.ARGUED MAY 9, 1972. DECIDED JUNE 15, 1972. Under the evidence as to the husband’s income and property, the award of permanent alimony was excessive. ARGUED MAY 9, 1972 — DECIDED JUNE 15, 1972. Divorce. Cobb Superior Court. Before Judge Ravan. Grady F. Smith, for appellant. […]

161 S.E.2d 834 MOBLEY v. SMITH, Warden. 24528.Supreme Court of Georgia.SUBMITTED MARCH 12, 1968. DECIDED APRIL 22, 1968. FRANKUM, Justice. The question for decision here is whether the Judge of Tattnall Superior Court erred in remanding the appellant to the custody of the respondent and in refusing to discharge him upon the hearing held pursuant […]

491 S.E.2d 806 HAWKINS v. HAWKINS. S97A0869.Supreme Court of Georgia. DECIDED OCTOBER 14, 1997 — RECONSIDERATION DENIED NOVEMBER 14, 1997. FLETCHER, Presiding Justice. In this divorce action, the trial court ordered the husband to pay alimony of $5,000 per month for five years, granted the wife half of the current value of the husband’s retirement […]

74 S.E.2d 82 MORELAND v. WORD et al. 18017.Supreme Court of Georgia.SUBMITTED NOVEMBER 12, 1952. DECIDED JANUARY 12, 1953. HAWKINS, Justice. Mrs. May Warlick Moreland, plaintiff in error, filed a petition in the Court of Ordinary of Floyd County, Georgia, for the probate in solemn form of the will of her deceased mother, Jessie Ross […]

518 S.E.2d 415 KENNETH MOREAL BANKS v. THE STATE S99A0542.Supreme Court of Georgia. DECIDED: MAY 3, 1999 Before HUNSTEIN, Justice. Kenneth Moreal Banks was convicted of malice murder and felony murder for the death of four-year-old Tariq Karriem and was sentenced to life in prison.[1] He appeals from the denial of his motion for new […]

603 S.E.2d 237 PATEL v. THE STATE. S04A0829.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 2004. THOMPSON, Justice. Viral Patel was convicted of felony murder in connection with the shooting death of Tyree Garrett. He appeals, asserting, inter alia, the trial court erred by admitting into evidence a hearsay statement that his wife made to his […]

39 S.E.2d 684 YEARWOOD v. STATE. 15502.Supreme Court of Georgia. SEPTEMBER 6, 1946. BELL, Chief Justice. 1. In order to reduce a homicide from murder to manslaughter, there must be more than provocation by mere words, for “Provocation by words, threats, menaces, or contemptuous gestures shall in no case be sufficient to free the person […]

401 S.E.2d 11 FAIRCLOTH et al. v. GREINER et al. S90A1183.Supreme Court of Georgia. DECIDED OCTOBER 18, 1990. RECONSIDERATION DENIED DECEMBER 19, 1990. BENHAM, Justice. Appellants filed this direct appeal from the denial of their motion to set aside a judgment entered against them in an action for damages, and invoked this court’s appellate jurisdiction […]

41 S.E.2d 423 CROMARTIE v. THE STATE. 15722.Supreme Court of Georgia. FEBRUARY 7, 1947. CANDLER, Justice. The defendant was convicted of murder. His motion for a new trial, containing only the usual general grounds, was over ruled, and he excepted. Held, that the evidence was sufficient to support the verdict, and the court did not […]

28 S.E.2d 108 GATES v. GATES. 14650.Supreme Court of Georgia. NOVEMBER 10, 1943. REHEARING DENIED DECEMBER 2, 1943. 1. The defendant’s motion to dismiss the proceeding instituted against him, on the ground that he was a non-resident and that no service by publication had been made on him as required by law, was without merit, […]

113 S.E.2d 771 DALTON v. THE STATE. 20827.Supreme Court of Georgia.ARGUED MARCH 15, 1960. DECIDED APRIL 7, 1960. CANDLER, Justice. Herschell E. Dalton was indicted in Fulton County for the offense of robbery. The indictment contains three counts, and alleges that the accused committed the offense charged on three different persons by force and by […]

225 S.E.2d 306 NIX v. DEPARTMENT OF HUMAN RESOURCES. 30973.Supreme Court of Georgia.ARGUED APRIL 12, 1976. DECIDED MAY 5, 1976. INGRAM, Justice. The Court of Appeals of Georgia has certified a question to this court for an answer. The question is whether an indigent parent, whose parental rights have been terminated by an order of […]

106 S.E.2d 16 SEWELL et al. v. AGGREGATE SUPPLY COMPANY. 20224.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1958. DECIDED NOVEMBER 7, 1958. The judgment of the court below, overruling the general demurrer to the petition and overruling certain of the special demurrers, was not error for any reason assigned. SUBMITTED OCTOBER 14, 1958 — DECIDED NOVEMBER […]

106 S.E.2d 6 SUPERIOR PINE PRODUCTS COMPANY v. WILLIAMS, Revenue Commissioner. 20101.Supreme Court of Georgia.ARGUED JULY 14, 1958. DECIDED OCTOBER 10, 1958. REHEARING DENIED NOVEMBER 7, 1958. The contract involved in the present case is one for the lease of lands, and the income derived from a lease of lands is taxable as ordinary income. […]

224 S.E.2d 396 ALLIED CHEMICAL CORPORATION et al. v. GEORGIA POWER COMPANY et al. 30664.Supreme Court of Georgia.ARGUED JANUARY 19, 1976. DECIDED APRIL 6, 1976. HALL, Justice. This appeal is brought by certain industrial consumers of electrical power from an August 6, 1975 order of the Fulton Superior Court denying injunctive and other relief against […]

37 S.E.2d 143 SLADE v. BARBER, administratrix. 15272.Supreme Court of Georgia.JANUARY 9, 1946. REHEARING DENIED FEBRUARY 21, 1946. 1. “A deed made to secure debt conveys the title to land, and a homestead therein will avail nothing as against such title. There is nothing in the debtor upon which a homestead can operate save the […]

467 S.E.2d 517 IN THE MATTER OF C. WRAY BRINKLEY S96Y0671Supreme Court of Georgia. DECIDED FEBRUARY 19, 1996 PER CURIAM. C. Wray Brinkley filed a petition for voluntary surrender of his license. The State Bar did not object. The review panel of the State Disciplinary Board accepted the petitioner’s admission that he had entered a […]

318 S.E.2d 55 WASHINGTON v. THE STATE. 40966.Supreme Court of Georgia. DECIDED JULY 16, 1984. SMITH, Justice. Appellant was tried before a Chatham County jury for murder. He was convicted and sentenced to life imprisonment. On direct appeal we overturned his conviction on the basis of the failure of the trial court to charge the […]

248 S.E.2d 654 BOWMAN v. BOWMAN. 33990.Supreme Court of Georgia.ARGUED SEPTEMBER 18, 1978. DECIDED SEPTEMBER 27, 1978. PER CURIAM. This is an appeal from an order of the Superior Court of Fulton County which granted the appellant-wife temporary alimony and attorney fees. The wife filed suit for divorce, alleging that the marriage was irretrievably broken. […]

30 S.E.2d 900 ORR v. ORR et al. 14887.Supreme Court of Georgia. JULY 7, 1944. 1. Whenever a suit involving the property rights of a minor is instituted in a court of equity, the minor in such action becomes a ward of the court, and the court thereby obtains jurisdiction of his property. (a) The […]

442 S.E.2d 241 CHARLES v. LEAVITT. S94A0220.Supreme Court of Georgia. DECIDED MAY 2, 1994. HUNSTEIN, Justice. Michelle Leavitt brought a contempt action against her former husband, Nicholas Charles, alleging that his failure to assume financial responsibility for the college education of the parties’ two children violated the parties’ settlement agreement. The trial court refused to […]

59 S.E.2d 244 GREEN v. STAFFORD. 17042.Supreme Court of Georgia. APRIL 11, 1950. REHEARING DENIED MAY 11, 1950. CANDLER, Justice. 1. While an unascertained or disputed boundary line between coterminous proprietors may be established by acquiescence for seven years, by acts or declarations of the adjoining landowners (Code, § 85-1602; Osteen v. Wynn, 131 Ga. […]

79 S.E.2d 532 SAPP et al. v. CALLAWAY et al. 18419.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1953. DECIDED JANUARY 11, 1954. The court erred in admitting the testimony assigned as error in grounds 4, 5, 6, and 7 of the amended motion for new trial. The assignments of error pertaining to the charge of the […]

31 S.E.2d 473 EATON v. HARWOOD et. al. 14927.Supreme Court of Georgia. SEPTEMBER 8, 1944. Where, in a suit by the holder of an option to purchase land to enforce the option against the obligor therein and one to whom the obligor had conveyed the land under a contract to purchase, it appeared that before […]

204 S.E.2d 162 MALOOF v. MALOOF. 28614.Supreme Court of Georgia.SUBMITTED JANUARY 25, 1974. DECIDED MARCH 7, 1974. MOBLEY, Chief Justice. Ramon B. Maloof appeals from the judgment finding him in contempt for failure to comply with the terms of a temporary alimony judgment, and modifying the terms of the former temporary order. Counsel for the […]

218 S.E.2d 787 THOMAS v. DAVIS. 30003.Supreme Court of Georgia.SUBMITTED JUNE 10, 1975. DECIDED SEPTEMBER 11, 1975. GUNTER, Justice. This is an interlocutory appeal with a certificate of review. Appellee filed an action for contempt of an alimony judgment against appellant, her former husband. Appellant moved to dismiss on the ground that the award of […]

268 S.E.2d 316 FAIR v. THE STATE. 35701.Supreme Court of Georgia.ARGUED JANUARY 16, 1980. DECIDED APRIL 9, 1980. REHEARING DENIED APRIL 29, 1980. BOWLES, Justice. Keith Fair, the appellant, pled guilty in the Superior Court of Hall County to the murder of Jackie Morris. The trial judge, after a two-day presentence trial, found the existence […]

373 S.E.2d 366 BROWNE v. BROWNE. 45816.Supreme Court of Georgia. DECIDED NOVEMBER 3, 1988. WELTNER, Justice. 1. The trial court had personal jurisdiction over the non-resident wife in this action by the husband for modification of child support. The wife was served personally while she was present in the state. Hutto v. Plagens, 254 Ga. […]

644 S.E.2d 861 ANDERSON v. SVARD. No. S07A0593.Supreme Court of Georgia. DECIDED MAY 14, 2007. THOMPSON, Justice. We granted husband’s application for a discretionary appeal in this divorce case to determine whether the trial court abused its discretion in awarding attorney fees to wife pursuant to OCGA § 19-6-2. We find that the trial court […]

27 S.E.2d 331 PARHAM et al., examiners, v. ROACH. 14618.Supreme Court of Georgia. SEPTEMBER 10, 1943. REHEARING DENIED OCTOBER 8, 1943. 1. The petition set forth a cause of action for mandamus, and the trial court was correct in refusing to sustain the general demurrer. 2. There was ample evidence to authorize the judge, who […]

681 S.E.2d 157 RECTOR v. THE STATE. S09A0020Supreme Court of Georgia. DECIDED: June 29, 2009 Rehearing 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 evidence […]

283 S.E.2d 455 EARTH MANAGEMENT, INC. v. HEARD COUNTY et al. 37303.Supreme Court of Georgia. DECIDED OCTOBER 27, 1981. REHEARING DENIED NOVEMBER 12, 1981. CLARKE, Justice. Earth Management, Inc., appeals the order of the superior court authorizing the condemnation of 276 acres of land in Heard County to be used as a recreational facility. The […]

105 S.E.2d 324 WOMBLE v. WOMBLE. 20182.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1958. DECIDED OCTOBER 10, 1958. 1. The trial judge did not err in sustaining demurrers to parts of the cross-action of the husband. There was no abuse of discretion in refusing to require the wife to file a reply to the remaining allegations […]

368 S.E.2d 511 MAPP v. THE STATE. 45275.Supreme Court of Georgia. DECIDED JUNE 3, 1988. WELTNER, Justice. Christopher Mapp instructed Lynn Jackson to shoot two persons. Jackson then shot and killed Helen Wierzalis with a handgun and wounded Rebecca Davis with the same weapon. Jackson and Mapp were indicated for murder and aggravated assault, and […]

216 S.E.2d 258 JARRELL v. THE STATE. 29473.Supreme Court of Georgia.ARGUED JANUARY 17, 1975. DECIDED APRIL 29, 1975. REHEARING DENIED MAY 20, 1975. HILL, Justice. This case is before this court on appeal and for mandatory review of three death sentences. The defendant, David Alfred Jarrell, was charged with the kidnapping, armed robbery, aggravated assault […]

190 S.E.2d 37 DAFFRON v. THE STATE. 27191.Supreme Court of Georgia.SUBMITTED MAY 8, 1972. DECIDED JUNE 15, 1972. NICHOLS, Justice. Clyde Daffron was tried and convicted in the State Court of Bibb County, Georgia of the offense of violating the Sabbath day “in that the said accused did sell one Arrow Automotive Water Pump to […]

442 S.E.2d 242 BROOMFIELD v. THE STATE. S94A0109.Supreme Court of Georgia. DECIDED MAY 2, 1994. BENHAM, Presiding Justice. This appeal is from appellant’s conviction of malice murder, for Page 146 which he was sentenced to life imprisonment.[1] 1. Testimony at trial authorized the jury to find the following sequence of events occurred. Appellant and his […]

78 S.E.2d 790 THE B-X CORPORATION et al. v. JETER. 18366.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1953. DECIDED NOVEMBER 12, 1953. REHEARING DENIED NOVEMBER 25, 1953. 1. The title which the purchaser acquires to property in consequence of a tax sale is not a perfect fee-simple title, but an inchoate, qualified. or defeasible estate which […]

262 S.E.2d 282 DANIS v. WILLIAMS. 35809.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1980. DECIDED FEBRUARY 27, 1980. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED JANUARY 11, 1980 — DECIDED FEBRUARY 27, 1980. Petition to legitimize; habeas corpus; custody of child. Cobb Superior Court. Before Judge Ravan. Sammy J. Hawkins, […]

76 S.E.2d 482 TOMPKINS v. ATLANTIC COAST LINE RAILROAD CO. et al. 18223.Supreme Court of Georgia.ARGUED MAY 12, 1953. DECIDED JUNE 8, 1953. DUCKWORTH, Chief Justice. This case is controlled by Miller v. Ray, 208 Ga. 27 (64 S.E.2d 449), the equity features thereof having been eliminated by amendment leaving only a suit for damages, […]

181 S.E.2d 31 HOUSE v. THE STATE. 26284.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1971. DECIDED JANUARY 29, 1971. NICHOLS, Justice. The defendant was indicted, tried and convicted of the murder of George Gummersall. His motion for new trial was overruled and the present appeal filed. The sole enumerations of error argued in this court complain […]

13 S.E.2d 374 ENZOR v. ASKEW. 13615.Supreme Court of Georgia. FEBRUARY 12, 1941. GRICE, Justice. 1. A petition to enjoin erection and operation of a gasoline filling-station within an area declared to be a restricted zone, the use of the property in which was limited to residential purposes, under the authority of the act approved […]

403 S.E.2d 789 SMITH et al. v. MID-STATE NURSES, INC. S91A0213.Supreme Court of Georgia. DECIDED MAY 9, 1991. BELL, Justice. This is an appeal from the grant of an interlocutory injunction pursuant to the Georgia Trade Secrets Act of 1990, OCGA §§ 10-1-760 through 767 (hereafter the GTSA). The plaintiff-appellee, Mid-State Nurses, Inc., is a […]

104 S.E.2d 430 DYKES v. DYKES et al. 20091.Supreme Court of Georgia.SUBMITTED JUNE 9, 1958. DECIDED JULY 11, 1958. DUCKWORTH, Chief Justice. 1. Whenever the evidence demands a verdict for a party who moves for a directed verdict at the close of the evidence, which motion is denied, such party may, within 30 days after […]

276 S.E.2d 1 GLENNVILLE WOOD PRESERVING COMPANY, INC. v. RIDDLESPUR et al. 37110.Supreme Court of Georgia. ORDERED JANUARY 8, 1981. ORDER OF COURT. Upon consideration of the application for certiorari filed to review the judgment of the Court of Appeals in this case, it is ordered that the writ be hereby denied. All the Justices […]

429 S.E.2d 517 MITCHELL v. THE STATE. S93A0090.Supreme Court of Georgia. DECIDED MAY 24, 1993. HUNT, Presiding Justice. Larry Jerome Mitchell shot and wounded his former girl friend, Tina Daniel, and shot and killed her then boyfriend, Jerry Butler, with a shotgun. He was convicted of malice murder, felony murder, burglary, aggravated assault, and possession […]

271 S.E.2d 635 GEYER v. SHERRILL et al. 36453.Supreme Court of Georgia.ARGUED JULY 14, 1980. DECIDED SEPTEMBER 9, 1980. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. Page 314 ARGUED JULY 14, 1980 — DECIDED SEPTEMBER 9, 1980. Injunction. Walker Superior Court. Before Judge Vining from Conasauga Circuit. David P. Daniel, […]

608 S.E.2d 225 IN THE MATTER OF ROBERT B. ELLIS, JR. S05Y0654.Supreme Court of Georgia. DECIDED JANUARY 24, 2005. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Surrender of License filed by Respondent Robert B. Ellis, Jr., prior to the issuance of a formal complaint and pursuant to Bar […]

577 S.E.2d 786 LE v. THE STATE. S03A0129.Supreme Court of Georgia. Decided March 10, 2003 CARLEY, Justice. A jury found Thach Le guilty of malice murder and three counts of aggravated assault. The trial court entered judgments of conviction on those verdicts, and imposed a sentence of life imprisonment for murder and consecutive terms of […]

277 S.E.2d 1 SOLOMON v. THE STATE. 36363.Supreme Court of Georgia. DECIDED NOVEMBER 14, 1980. REHEARING DENIED JANUARY 19, 1981. UNDERCOFLER, Chief Justice. Van Roosevelt Solomon appeals from the sentence of death imposed on September 27, 1979, following his conviction for the murder of Roger Dennis Tackett committed on June 17, 1979, in Cobb County, […]

170 S.E.2d 29 BRAGG et al. v. BRAGG. 25320.Supreme Court of Georgia.SUBMITTED JULY 15, 1969. DECIDED SEPTEMBER 8, 1969. FRANKUM, Justice. The appeal here is from the judgment of the Superior Court of Screven County dismissing the appeal of the caveators from the judgment of the Court of Ordinary of Screven County admitting to probate […]

13 S.E.2d 179 FAIN v. FELDMAN et al. 13536.Supreme Court of Georgia. JANUARY 14, 1941. REHEARING DENIED FEBRUARY 14, 1941. 1. The Atlanta Police Relief Association having no lodge system of government or ritualistic form of work for the meeting of its chapters, lodges, councils, or other subordinate bodies, it is not a “fraternal beneficiary […]

161 S.E.2d 266 TOLEVER v. SMITH, Warden. 24523.Supreme Court of Georgia.ARGUED MARCH 12, 1968. DECIDED APRIL 4, 1968. REHEARING DENIED APRIL 22, 1968. The evidence was sufficient to authorize a finding that the petitioner’s rights were not violated in the entry of his plea of guilty, and therefore his remand to the custody of the […]

73 S.E.2d 187 GARLAND v. GREEN. 18008.Supreme Court of Georgia.ARGUED OCTOBER 15, 1952. DECIDED NOVEMBER 13, 1952. CANDLER, Justice. Alleging a continuing trespass upon his land and resultant injury to him, Garland sued Green in the Superior Court of DeKalb County, and prayed for an injunction and damages. The defendant by his answer denied the […]