Category: Georgia Supreme Court Opinions

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 […]

524 S.E.2d 215 HEAD v. CSX TRANSPORTATION, INC. S99G0441.Supreme Court of Georgia. DECIDED: NOVEMBER 15, 1999 THOMPSON, Justice. This case is before the Court from the grant of a writ of certiorari to the Court of Appeals in Head v. CSX Trans., 235 Ga. App. 469 (508 S.E.2d 760) (1998), to determine the correct standard […]

344 S.E.2d 215 CRAWFORD v. THE STATE. 43172.Supreme Court of Georgia. DECIDED JUNE 10, 1986. WELTNER, Justice. Eddie Albert Crawford was convicted of the murder of his 29-month-old niece, Leslie Michelle English, and sentenced to death. We reversed the conviction on grounds relating to the form of the verdict. Crawford v. State, 254 Ga. 435, […]

111 S.E.2d 228 MORGAN et al. v. LESTER. 20676.Supreme Court of Georgia.ARGUED OCTOBER 13, 1959. DECIDED NOVEMBER 4, 1959. HAWKINS, Justice. This is an ejectment suit in the fictitious form, brought by E. C. Lester against B. F. Morgan and J. B. Morgan, to recover all of fractional Land Lot 306 in the 8th District […]

134 S.E.2d 36 GEORGIA INDUSTRIAL REALTY COMPANY v. SMITH; and vice versa. 22232, 22233.Supreme Court of Georgia.ARGUED OCTOBER 15, 1963. DECIDED NOVEMBER 7, 1963. REHEARING DENIED NOVEMBER 19, 1963. The amendment to the petition, filed prior to the date the remittitur from this court was made the judgment of the trial court, was insufficient to […]

67 S.E.2d 716 PARKS v. THE STATE. 17643.Supreme Court of Georgia.ARGUED OCTOBER 9, 1951. DECIDED NOVEMBER 14, 1951. HAWKINS, Justice. 1. In the trial of a criminal case in which the accused fails to make an unsworn statement, it is improper and calculated to injure the accused for the State’s counsel to argue this fact […]

364 S.E.2d 833 HOSCH v. BROWN. 44668.Supreme Court of Georgia. DECIDED FEBRUARY 4, 1988. RECONSIDERATION DENIED FEBRUARY 24, 1988. CLARKE, Presiding Justice. This case involves Hosch’s claim against Brown for damages resulting from Brown’s failure to buy real property from Hosch under the terms of a sales contract. The trial court granted summary judgment to […]

422 S.E.2d 2 IN THE MATTER OF SAM D. JOHNSON. SUPREME COURT DISCIPLINARY NOS. 837, 848.Supreme Court of Georgia. DECIDED OCTOBER 16, 1992. PER CURIAM. Respondent Sam D. Johnson has petitioned for voluntary surrender of his license to practice law in the State of Georgia. The State Disciplinary Panel Review Board has recommended that the […]

104 S.E.2d 903 KEEN v. THOMAS. 20133.Supreme Court of Georgia.ARGUED JULY 14 AND JULY 15, 1958. DECIDED SEPTEMBER 5, 1958. The evidence demanded a finding that the plaintiff was in actual possession of the land, and there was no evidence that the defendant had title to or right of possession in said land; Page 363 […]

272 S.E.2d 703 ESTES v. JOHN BLEAKLEY FORD, INC. 36548.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1980. DECIDED NOVEMBER 25, 1980. MARSHALL, Justice. The appellant filed a dispossessory proceeding against his tenant, appellee. Without any hearing on the appellant’s motion to dismiss the appellee’s counterclaim, the tenant remained in Page 748 possession under an order of […]

14 S.E.2d 879 SAWYER COAL ICE CO. v. KINNETT-ODOM CO. et al. 13648.Supreme Court of Georgia. MAY 15, 1941. 1. It is permissible, under the system of pleading in our State, for a plaintiff to join in the petition a count seeking reformation of deeds in his title chain with a count seeking recovery of […]

44 S.E.2d 237 RICHARDSON v. HAIRRIED. 15913.Supreme Court of Georgia. SEPTEMBER 5, 1947. 1. The burden of showing error rests on the excepting party. If he excepts to the refusal to allow an amendment, and does not show the ground or grounds of objection made to it in the trial court, such refusal will not […]

623 S.E.2d 497 HUDSON v. THE STATE. S05A2050.Supreme Court of Georgia. DECIDED DECEMBER 1, 2005. RECONSIDERATION DENIED JANUARY 17, 2006. SEARS, Chief Justice. The appellant, Otis Hudson, appeals from his conviction for the felony murder of Chris Clark.[1] On appeal, Hudson contends that the Page 124 trial court erred in failing to charge on mutual […]

288 S.E.2d 206 HALL COUNTY BOARD OF COMMISSIONERS OF ROADS AND REVENUE et al. v. AGRI-BIO CORPORATION. 38238.Supreme Court of Georgia. DECIDED MARCH 2, 1982. WELTNER, Justice. Agri-Bio Corporation (Agri-Bio) is a producer of vaccine for use in the poultry industry, with production facilities located on an approximately 15-acre tract in Hall County, Georgia. The […]

181 S.E.2d 371 FERRIS v. FERRIS. 26380.Supreme Court of Georgia.ARGUED MARCH 9, 1971. DECIDED APRIL 8, 1971. ALMAND, Chief Justice. This appeal is from an order denying the defendant’s motion for a summary judgment, which order was certified by the trial judge for review by direct appeal. Helen E. Ferris filed her complaint against her […]

652 S.E.2d 545 IN THE MATTER OF RICHARD O. SMITH. No. S07Y1224.Supreme Court of Georgia. DECIDED OCTOBER 29, 2007. PER CURIAM. This disciplinary matter is before the Court pursuant to Respondent Richard O. Smith’s petition for voluntary surrender of license in which Smith admits that on March 21, 2007, he entered a guilty plea in […]

29 S.E.2d 54 WEILL et al v. BROWN. 14733.Supreme Court of Georgia. JANUARY 6, 1944. REHEARING DENIED FEBRUARY 11, 1944. Where a purported contract of employment contains restrictive covenants prohibiting the employee for a period of five years after termination of the employment provided by the contract from engaging in competition with his employer, either […]

410 S.E.2d 422 WALKER v. THE STATE. S91A1198.Supreme Court of Georgia. DECIDED DECEMBER 4, 1991. FLETCHER, Justice. Upson County deputies executed a search warrant at appellant’s trailer and discovered a set of postal scales on the steps of the trailer and six bags of marijuana lying in the grass approximately six feet from where appellant […]

441 S.E.2d 66 EVERETT v. GEORGIA BOARD OF DENTISTRY et al. S94A0193.Supreme Court of Georgia. DECIDED MARCH 14, 1994. CARLEY, Justice. Appellant-plaintiff is a practicing dentist who was arrested for the following misdemeanors: possession of marijuana; exhibiting pornography to minors; contributing to the delinquency of minors; and, sexual battery. Within a few days of the […]

371 S.E.2d 852 WALDEN v. THE STATE. 45404.Supreme Court of Georgia. DECIDED SEPTEMBER 16, 1988. BELL, Justice. A jury in the State Court of Cobb County convicted the appellant, Marsha Walden, of the offense of failure to yield the right-of-way. The trial court assessed certain costs against Walden, and she appealed the judgment for costs. […]

283 S.E.2d 252 HILL v. THE STATE. 37756.Supreme Court of Georgia. DECIDED OCTOBER 14, 1981. SMITH, Justice. Appellant was indicted for murder and aggravated assault. A non-jury trial was held, and he was found guilty on both charges. The trial court imposed a sentence of life imprisonment for the murder and a concurrent sentence of […]

391 S.E.2d 114 SLINEY v. THE STATE. S90A0461.Supreme Court of Georgia. DECIDED MAY 17, 1990. HUNT, Justice. This appeal presents a constitutional challenge to § 9.8 (d) of the Lowndes County Code which provides: “It shall be unlawful for any person to remove waste or litter from public containers or to place in such containers […]

172 S.E.2d 666 BROWN v. THE STATE. 25620.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1970. DECIDED FEBRUARY 5, 1970. For the reasons stated in the opinion it was not error to overrule the motion for a new trial. SUBMITTED JANUARY 13, 1970 — DECIDED FEBRUARY 5, 1970. Page 115 Murder. Chatham Superior Court. Before Judge Harrison. […]

99 S.E.2d 70 JUNE v. THE STATE. 19692.Supreme Court of Georgia.SUBMITTED MAY 13, 1957. DECIDED JUNE 11, 1957. The evidence against the accused was entirely circumstantial, and was insufficient to exclude every other reasonable hypothesis save that of his guilt. SUBMITTED MAY 13, 1957 — DECIDED JUNE 11, 1957. Murder. Before Judge Price. Long Superior […]

49 S.E.2d 808 CITY OF NASHVILLE et al. v. SNOW et al.; et vice versa. 16294, 16319.Supreme Court of Georgia. SEPTEMBER 16, 1948. REHEARING DENIED OCTOBER 13, 1948. 1. The allegations of the petition were not sufficient to state a cause of action for declaratory relief, and the trial judge should have sustained a demurrer […]

24 S.E.2d 306 WRIGHTSVILLE CONSOLIDATED SCHOOL DISTRICT et al. v. SELIG COMPANY. No. 14397.Supreme Court of Georgia. FEBRUARY 11, 1943. 1. The writ of mandamus is available to require a public officer to perform acts and duties imposed upon such officer by law. Code, § 64-101. When it is sought as here by mandamus proceedings […]

9 S.E.2d 84 LUMBERMEN’S MUTUAL CASUALTY CO. v. GRIGGS. 13244.Supreme Court of Georgia. MAY 17, 1940. Where, immediately after assisting another employee in unloading 600 sacks of cement weighing 94 pounds each, an employee became ill and suffered a stroke permanently paralyzing his left limbs, and a doctor testified that the exertion of the work […]

259 S.E.2d 468 QUARTERMAN v. THE STATE. 35110.Supreme Court of Georgia.SUBMITTED JULY 6, 1979. DECIDED SEPTEMBER 10, 1979. UNDERCOFLER, Presiding Justice. Appellant was convicted of malice murder and armed robbery. He was sentenced to two consecutive life terms. Court appointed appellate counsel has requested permission to withdraw from the case. The request is supported by […]

177 S.E.2d 575 GRAY v. GRAY. 26034.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED OCTOBER 8, 1970. 1. The trial judge did not abuse his discretion in placing the minor children of the parties in the temporary custody of their paternal grandmother. 2. On conflicting testimony as to the cause of the separation, the trial […]

279 S.E.2d 678 CAFFO v. THE STATE. 37318.Supreme Court of Georgia. DECIDED JULY 1, 1981. GREGORY, Justice. Michael Caffo was convicted of the murder of Leslie Bower by a Chatham County jury and sentenced to life imprisonment. The following evidence was presented at trial. On March 25, 1979 the victim, a horsetrainer, came to Savannah […]

255 S.E.2d 15 PHILLIPS v. SEXTON. 34656.Supreme Court of Georgia.SUBMITTED MARCH 2, 1979. DECIDED APRIL 5, 1979. REHEARING DENIED APRIL 17, 1979. BOWLES, Justice. Frank P. Phillips, executor under the will of Pluma Mae Phillips, brought a complaint against Evelyn I. Page 502 Sexton, which he termed an action for declaratory judgment and equitable relief. […]

425 S.E.2d 879 BAEZ v. LEE. S92A1519.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1993. HUNT, Presiding Justice. Roberto Baez appeals the superior court’s denial of his petition for habeas corpus. When he filed his petition, Baez was a pre-trial detainee in the Douglas County jail, awaiting trial for alleged violations of the Georgia Controlled Substances […]

46 S.E.2d 68 BROWN et al. v. GIBSON et al. 16010.Supreme Court of Georgia. JANUARY 9, 1948. 1. The father, if alive, is the natural guardian of his minor child, and, on giving bond acceptable to the ordinary, is authorized to represent his estate. Page 214 2. On application by a guardian for leave to […]

211 S.E.2d 708 COGGIN et al. v. DAVEY et al. 29020.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1974. DECIDED JANUARY 6, 1975. GUNTER, Justice. This appeal raises the issue of the applicability of Georgia’s “Sunshine Law” to the General Assembly and its committees. This statute (Ga. L. 1972, p. 575; Code Ann. §§ 40-3301 through 40-3303) […]

353 S.E.2d 180 BURTON v. THE STATE. 43993.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1987. HUNT, Justice. A. W. Burton was convicted by a jury of the murder of his girl friend, Judy Caldwell, and sentenced to life imprisonment.[1] He appeals, Page 691 enumerating as error the sufficiency of the evidence and the trial court’s […]

148 S.E.2d 428 COLLINS v. LYON, LYON COMPANY, INC. 23382.Supreme Court of Georgia.ARGUED MARCH 14, 1966. DECIDED MARCH 22, 1966. CANDLER, Presiding Justice. David Collins filed a suit in the Superior Court of Richmond County against Lyon. Lyon Company, Inc. in which he prayed for an accounting and injunction. The case was referred to an […]

154 S.E.2d 617 ECHOLS v. TOWER CREDIT CORPORATION et al. 23991.Supreme Court of Georgia.SUBMITTED MARCH 13, 1967. DECIDED APRIL 20, 1967. MOBLEY, Justice. Appellant filed a petition against appellees, Tower Credit Corporation and Floyd T. Boatman, seeking to have a judgment rendered in Cobb Superior Court in favor of Simco Loan Company against him set […]

57 S.E.2d 924 INTERLOCHEN ESTATES INC v. BANK OF ATLANTA et al.; et vice versa. 16968, 16973.Supreme Court of Georgia. FEBRUARY 14, 1950. REHEARING DENIED MARCH 15, 1950. DUCKWORTH, Chief Justice. 1. An amendment may be offered upon the announcement of the judge of his decision to sustain a demurrer, or within any time allowed […]

60 S.E.2d 143 SHAW et al. v. CRAWFORD. 17118.Supreme Court of Georgia. JUNE 14, 1950. The allegations of the petition as amended, showing an actual controversy and praying for a declaratory judgment adjudicating title to realty, were sufficient to constitute an action respecting title to land, the venue of which was in the county where […]

509 S.E.2d 612 FORD v. FORD. S98A1956.Supreme Court of Georgia. DECIDED DECEMBER 4, 1998. HUNSTEIN, Justice. Francis Ford appeals from the order of the trial court finding him in criminal contempt of the court’s order regarding payment instanter of sums due appellee under a divorce decree. We agree with appellant that because he did not […]

662 S.E.2d 120 IN THE MATTER OF TIMOTHY ORMAN McCALEP. No. S08Y0680.Supreme Court of Georgia. DECIDED JUNE 2, 2008. PER CURIAM. This matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Timothy Orman McCalep in which he admits to violating Rule 1.7 (a), [1] see Bar Rule 4-102 (d), which […]

176 S.E.2d 67 DANIEL, Treasurer, et al. v. YOW. 25797.Supreme Court of Georgia.ARGUED MAY 11, 1970. DECIDED JULY 9, 1970 1. The motion to dismiss the joint appeal of all the defendants in the trial court on the ground that judgment was rendered only against the treasurer, is denied. 2. The trial judge, who entered […]

560 S.E.2d 642 HARRIS v. THE STATE. S01A1669.Supreme Court of Georgia. DECIDED: FEBRUARY 11, 2002 THOMPSON, Justice. A jury convicted defendant Lamon Harris of malice murder and he was sentenced to life in prison.[1] He moved for a new trial on the grounds of juror misconduct and ineffective assistance of counsel. The motion was denied […]

407 S.E.2d 742 WADDELL v. THE STATE. S91A0728.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1991. BENHAM, Justice. Waddell was convicted of the felony murder of his wife and was sentenced to life imprisonment.[1] The evidence adduced at trial authorized the jury to make the following findings: that appellant and his wife, who were living apart, […]

43 S.E.2d 326 GUESS v. GUESS 15838.Supreme Court of Georgia. JUNE 12, 1947. There was no evidence to support the verdict, and the trial court erred in refusing a new trial. No. 15838. JUNE 12, 1947. Alimony. Before Judge Price. Tattnall Superior Court. January 25, 1947. Estella Guess brought a petition in the Superior Court […]

377 S.E.2d 850 DAVIS v. DAVIS. 46407.Supreme Court of Georgia. DECIDED APRIL 6, 1989. MARSHALL, Chief Justice. In this case, the appellee, former wife, instituted an action against the appellant, former husband, for: (1) modification of the provisions for support of the parties’ minor child set out in the parties’ divorce decree; (2) modification of […]

48 S.E.2d 733 TOOMER v. HOPKINS. 16235.Supreme Court of Georgia. JULY 14, 1948. 1. The court did not err in overruling the motion to strike count one of the petition. 2. The allegations of count two of the petition were insufficient to show that the original action against the complainant sought a judgment in personam, […]

515 S.E.2d 617 HENDERMAN et al. v. WALTON COUNTY WATER SEWERAGE AUTHORITY et al. S99A0407.Supreme Court of Georgia. DECIDED May 17, 1999. RECONSIDERATION DENIED June 4, 1999. FLETCHER, Presiding Justice. David Henderman and Glenda Henderman brought suit against the Walton County Water and Sewerage Authority, its manager Wendell Geiger, and Hightower Consulting Engineers alleging that […]

642 S.E.2d 646 CHANDLER v. THE STATE. No. S06A1956.Supreme Court of Georgia. DECIDED MARCH 19, 2007. HINES, Justice. Emory Steve Chandler appeals his convictions for malice murder, armed robbery, tampering with evidence, and making false statements to a government agency, in connection with the death of Doyle Wayne Coleman, Sr. For the reasons that follow, […]

631 S.E.2d 650 JOHNSTONE et al. v. THOMPSON. S06A0400.Supreme Court of Georgia. DECIDED JUNE 12, 2006. HUNSTEIN, Presiding Justice. Joseph C. Thompson, a Cobb County taxpayer, brought a petition against the Cobb County School Board, its members and its superintendent (hereinafter “appellants”), seeking mandamus and injunctive relief regarding appellants’ use of proceeds from a special […]

303 S.E.2d 13 SANDERS v. THE STATE. 39330.Supreme Court of Georgia. DECIDED MAY 25, 1983. BELL, Justice. Lillian Sanders appeals her conviction and life sentence for the murder of her infant daughter, Cassandra Denise Sanders. There was evidence at trial showing that Cassandra was born September 11, 1981. She was twelve weeks premature and had […]

282 S.E.2d 889 FULLER et al. v. MOISTER et al. 37774.Supreme Court of Georgia. DECIDED OCTOBER 8, 1981. GREGORY, Justice. Frank Fuller was the County Administrator and Ex-officio County Guardian of Fulton County and in that capacity was appointed guardian or estate administrator of the nine estates involved in this litigation. Commercial Union Insurance Company […]

429 S.E.2d 908 IN THE MATTER OF JIMMY LEE COLLINS. SUPREME COURT DISCIPLINARY NO. 748.Supreme Court of Georgia. DECIDED MAY 24, 1993. RECONSIDERATION DENIED JUNE 18, 1993. PER CURIAM. Pending Respondent’s appeal from his conviction for aggravated assault, he was suspended from the practice of law. In the Matter of Jimmy Lee Collins, 259 Ga. […]

74 S.E.2d 456 GIBSON et al. v. WOOD. 18086.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1953. DECIDED FEBRUARY 9, 1953. DUCKWORTH, Chief Justice. The exception here is to a judgment awarding custody of a minor child to her mother in a habeas corpus proceeding against the grandparents, the petitioner alleging changes in conditions and circumstances affecting […]

577 S.E.2d 769 UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY v. WATSON. S02G1269.Supreme Court of Georgia. Decided February 24, 2003 HUNSTEIN, Justice. The Unified Government of Athens-Clarke County instituted special master condemnation proceedings to acquire approximately 50 acres of land owned by appellee Billy Watson, which was zoned for single family development. The special master awarded Watson […]

677 S.E.2d 117 RICHAEDSON v. PHILLIPS. No. S09A0762.Supreme Court of Georgia. DECIDED MAY 4, 2009. CARLEY, Justice. Bobby Richardson, Sr., a resident of Miller County, filed a complaint seeking to remove county commissioner Frankie Phillips from office. In the complaint, Richardson alleges that Ms. Phillips transacted business with the County in violation of a local […]

215 S.E.2d 665 RICHMOND COUNTY v. PIERCE. 29568.Supreme Court of Georgia.ARGUED JANUARY 15, 1975. DECIDED APRIL 8, 1975. REHEARING DENIED APRIL 30, 1975. HILL, Justice. Appellee Franklin H. Pierce, retired from the position of county attorney of Richmond County, filed suit against the county alleging that under the Richmond County Pension Fund Act (Ga. L. […]

398 S.E.2d 196 WMH, INC. et al. v. THOMAS et al. S90G0941.Supreme Court of Georgia. DECIDED DECEMBER 4, 1990. RECONSIDERATION DENIED DECEMBER 19, 1990. SMITH, Presiding Justice. For a number of years, appellee Bobby Thomas purchased insurance on behalf of his companies from the appellant insurance agency, WMH, Inc. (WMH) In the summer of 1985 […]

349 S.E.2d 454 HINSON v. ROBERTS et al. 43865.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1986. GREGORY, Justice. John Hinson filed suit against Sol Roberts and the estate of Blaise Dantone seeking enforcement of a right of first refusal clause in a deed. The trial court granted the defendants’ motion for judgment on the pleadings. […]

631 S.E.2d 663 CORMIER v. CORMIER. S06F0442.Supreme Court of Georgia. DECIDED JUNE 26, 2006. SEARS, Chief Justice. Husband, Denny Cormier, appeals from a final judgment of divorce, arguing that he was not given proper notice of the trial schedule, and thus that the trial court erred in granting the divorce after he failed to appear […]

78 S.E.2d 22 STONE v. STONE. 18328.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1953. DECIDED OCTOBER 14, 1953. WYATT, Justice. 1. Where, as in this case, a petition for divorce alleges that the defendant for several months prior to the separation would curse and abuse the plaintiff and would threaten her life and would state that […]

625 S.E.2d 764 MURPHY v. THE STATE. S06A0069.Supreme Court of Georgia. DECIDED JANUARY 17, 2006. CARLEY, Justice. Reginald Murphy and Damien Chapman were tried jointly for the felony murder of Chapman’s mother. They were found guilty and sentenced to life imprisonment, but their convictions were reversed on appeal. Chapman v. State, 273 Ga. 865 (548 […]

225 S.E.2d 312 SHEPHERD et al. v. THE STATE. 30882.Supreme Court of Georgia.SUBMITTED FEBRUARY 27, 1976. DECIDED MAY 5, 1976. HILL, Justice. Weldon Shepherd and Lloyd W. Storey were tried and convicted by a jury of armed robbery of a service station in Bartow County. They raise two enumerations of error on appeal. 1. At […]

549 S.E.2d 373 ATT CORPORATION et al. v. SIGALA et al. ATT CORPORATION et al. v. PEREZ et al. S01A0465, S01A0464.Supreme Court of Georgia. DECIDED: JULY 16, 2001 FLETCHER, Chief Justice. Cruz Sigala, Ligia Pacheco de Perez and other citizens of the Republic of Venezuela filed these wrongful death and personal injury actions against ATT […]

560 S.E.2d 11 S01A1785.Supreme Court of Georgia. Decided: February 25, 2002. CARLEY, Justice. Dexter Palmer was found guilty of six counts of malice murder and, although the State sought the death penalty, the jury returned sentences of life imprisonment without parole. He appeals from the judgments of conviction and sentences entered by the trial court […]

610 S.E.2d 32 WILLIAMS v. THE STATE (two cases). S04A1737, S05A0110.Supreme Court of Georgia. DECIDED FEBRUARY 21, 2005. RECONSIDERATION DENIED MARCH 28, 2005. THOMPSON, Justice. On March 20, 1996, Willie and Ruby Brown died in a fire in their Appling County, Georgia home. On March 4, 1997, an indictment was returned, charging appellant Littray Williams […]

349 S.E.2d 746 IN THE MATTER OF O. H. WILLIAMSON. SUPREME COURT DISCIPLINARY NO. 419.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1986. PER CURIAM. O. H. Williamson was charged with violating several disciplinary standards and admitted a violation of Standard 23 of Bar Rule 4-102 which deals with one’s failure to return unearned fees paid […]

165 S.E.2d 131 KAY, Administrator v. VAUGHAN. 24914.Supreme Court of Georgia.SUBMITTED NOVEMBER 12, 1968. DECIDED DECEMBER 5, 1968. REHEARING DENIED DECEMBER 19, 1968. 1. When the prior litigation between the husband and wife was before this court no question was made by the husband as to the attorney’s fees awarded to the wife, and the […]

504 S.E.2d 194 TERRY v. STATE FARM FIRE CASUALTY INSURANCE COMPANY. S98G0601.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998. HUNSTEIN, Justice, We granted Kenneth Terry’s petition for writ of certiorari from the Court of Appeals opinion in State Farm Fire c. Ins. Co. v. Terry, 230 Ga. App. 12 (495 S.E.2d 66) (1997) to consider […]

705 S.E.2d 664 IN THE MATTER OF SAMUEL WAEREN CRUSE (two cases). Nos. S10Y1629, S10Y1631.Supreme Court of Georgia. Decided February 7, 2011 PER CURIAM. These disciplinary matters are before the Court pursuant to the Report and Recommendation of the special master, Paul H. Threlkeld, who recommends that Respondent Samuel Warren Cruse (State Bar No. 000960) […]

235 S.E.2d 1 FIRST NATIONAL BANK TRUST COMPANY OF AUGUSTA v. GEORGIA RAILROAD BANK TRUST COMPANY et al. 31784.Supreme Court of Georgia.ARGUED MARCH 14, 1977. DECIDED APRIL 5, 1977. REHEARING DENIED APRIL 27, 1977. PER CURIAM. The parties in this case include two banks which use electronic equipment to “read” and process checks Page 694 […]

673 S.E.2d 218 CANE v. THE STATE. No. S08A1847.Supreme Court of Georgia. DECIDED FEBRUARY 9, 2009. HUNSTEIN, Presiding Justice. Lawrence Cane was convicted of murder, possession of a knife during the commission of a felony, robbery and related crimes arising out of the stabbing death of Andrea Flynt and the taking of Kimberly Lamb’s motor […]

636 S.E.2d 527 VEAL v. VEAL. No. S06F1460.Supreme Court of Georgia. DECIDED OCTOBER 16, 2006. SEARS, Chief Justice. Ms. Veal (“wife”) appeals from the trial court’s order granting full custody of her biological daughter H. to Mr. Veal (“husband”). Because husband is neither the biological nor the legal father of the child, we find that […]

203 S.E.2d 192 BARBER BARBER, INC. v. BOARD OF COMMISSIONERS OF NEWTON COUNTY et al. 28391.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1973. DECIDED JANUARY 9, 1974. NICHOLS, Justice. Barber Barber, Inc. filed a complaint in which it sought to mandamus the Board of Commissioners of Newton County to grant permits or authorization for the use […]

635 S.E.2d 718 GEORGIA DEPARTMENT OF CORRECTIONS et al. v. CHATHAM COUNTY. No. S06A0862.Supreme Court of Georgia. DECIDED OCTOBER 2, 2006. RECONSIDERATION DENIED OCTOBER 30, 2006. BENHAM, Justice. This appeal involves a dispute regarding reimbursement of Chatham County for the expense of housing state prisoners in the county’s jail. The County sued the Department of […]

232 S.E.2d 841 BRANNON v. SIMPSON et al. 31491.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1976. DECIDED JANUARY 5, 1977. REHEARING DENIED JANUARY 27 AND FEBRUARY 8, 1977. PER CURIAM. This is an appeal from various orders of the trial court in an action for an equitable partition of realty which was brought by appellee. We […]

254 S.E.2d 327 TREADAWAY v. BAKER; and vice versa. 34213, 34214.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1978. DECIDED MARCH 7, 1979. REHEARING DENIED MARCH 28, 1979. PER CURIAM. This is the second appearance before this court of this case in which Treadaway seeks to avoid extradition to Tennessee on a governor’s warrant to answer charges […]

409 S.E.2d 522 ROONEY v. JACKSON COKER, INC. S91X0695.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1991. FLETCHER, Justice. Jackson Coker, Inc., filed an action for injunctive relief under OCGA § 13-8-2.1 (the Act) seeking enforcement of post-employment restrictive covenants contained in its employment contract with its former employee Mark Rooney. In this cross-appeal,[1] Rooney contends […]

269 S.E.2d 461 STATE OF GEORGIA et al. v. DAVIS; and vice versa. 36073, 36074.Supreme Court of Georgia.ARGUED APRIL 14, 1980. DECIDED JULY 16, 1980. REHEARING DENIED JULY 30, 1980. BOWLES, Justice. Curfew Davis, hereinafter petitioner, is an inmate at the Georgia State Prison at Reidsville under death sentence for murder. He filed a complaint […]

195 S.E.2d 440 DAVIS v. DAVIS. 27585.Supreme Court of Georgia.SUBMITTED DECEMBER 11, 1972. DECIDED JANUARY 4, 1973. NICHOLS, Justice. On May 4, 1972, a divorce decree was rendered wherein an agreement as to child custody, child support, etc., was approved by the trial court. The divorce decree expressly required compliance with the agreement made a […]

578 S.E.2d 892 IN THE MATTER OF R. SCOTT CUNNINGHAM. S03Y0899.Supreme Court of Georgia. Decided March 27, 2003 PER CURIAM. This disciplinary matter is before the Court on Respondent R. Scott Cunningham’s Petition for Voluntary Discipline, which was filed under Bar Rule 4-227(b)(2) before a formal complaint was issued. In his petition, Cunningham admits violating […]

561 S.E.2d 94 THE STATE v. GRANT. S01A1600.Supreme Court of Georgia. DECIDED: MARCH 11, 2002. BENHAM, Justice. This is an appeal from the grant of a motion in arrest of judgment. Arthur Grant was indicted for two counts of felony murder, with fleeing and attempting to elude and theft by receiving as the underlying felonies, […]

80 S.E.2d 790 OTWELL v. FORSYTH COUNTY ATHLETIC RECREATION ASSOCIATION, INCORPORATED. 18479.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1954. DECIDED MARCH 8, 1954. REHEARING DENIED MARCH 23, 1954. 1. It was not error to deny the oral motion to dismiss the petition for any reason assigned. 2. There is no merit in the general grounds of […]

58 S.E.2d 902 TAYLOR et al. v. PERDUE et al.; et vice versa. 17040, 17044.Supreme Court of Georgia. APRIL 10, 1950. 1. The issue arising upon the filing of an affidavit of forgery is the factum of the deed assailed. 2. Evidence discovered after the trial which, by using due diligence, might Page 764 have […]

268 S.E.2d 621 SOUTHERN DISCOUNT COMPANY OF GEORGIA v. ECTOR. 35822.Supreme Court of Georgia.ARGUED MARCH 10, 1980. DECIDED MAY 27, 1980. REHEARING DENIED JUNE 17, 1980. PER CURIAM. Certiorari was granted to determine whether or not division one of the opinion of the Court of Appeals in Southern Discount Co. v. Ector, 152 Ga. App. […]

495 S.E.2d 569 JULIAN et al. v. BROOKS et al. S97A1487.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1998 — RECONSIDERATION DENIED MARCH 6, 1998. BENHAM, Chief Justice. This appeal is from an order dismissing an equitable action to cancel certain deeds and transactions. The parties are the four daughters of the late Lynell Moore. Two […]

240 S.E.2d 553 KARLSBERG et al. v. HOOVER et al. 32719.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1977. DECIDED NOVEMBER 29, 1977. PER CURIAM. The application for certiorari being improvidently granted, the writ is hereby dismissed. Dismissed. All the Justices concur, except Hill and Marshall, JJ., who are disqualified. ARGUED NOVEMBER 14, 1977 — DECIDED NOVEMBER […]

335 S.E.2d 560 LEWIS v. THE STATE. 42406.Supreme Court of Georgia. DECIDED OCTOBER 29, 1985. GREGORY, Justice. Mary Lewis was convicted of the malice murder of her infant daughter, Joanne, at a bench trial before a judge of the Superior Court of Laurens County. We affirm. On the evening of June 1, 1984, a Dublin […]

39 S.E.2d 51 BEASLEY, Superintendent of Banks, v. BURT et al. 15498.Supreme Court of Georgia. JULY 3, 1946. REHEARING DENIED JULY 16, 1946. 1. On an application for a charter under the Banking Act, a judge is not disqualified because related within the prohibited degree to one who owns an interest in the stock of […]

179 S.E.2d 343 DOUGHERTY COUNTY et al. v. BUSH et al. 26190.Supreme Court of Georgia.ARGUED DECEMBER 14, 1970. DECIDED JANUARY 7, 1971. The statute involved (Ga. L. 1970, p. 3367) violates the special laws provision of Art. I, Sec. IV, Par. I of the Georgia Constitution (Code Ann. § 2-401). ARGUED DECEMBER 14, 1970 — […]

523 S.E.2d 315 FLEMING v. THE STATE. BURLESON v. THE STATE. S98G1795, S98G1900.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 HINES, Justice. We granted certiorari to the Court of Appeals in Fleming v. State, 233 Ga. App. 483 (504 S.E.2d 542) (1998), and Burleson v. State, 233 Ga. App. 769 (505 S.E.2d 515) (1998), cases […]

233 S.E.2d 787 ENGLAND v. NEWTON. 31953.Supreme Court of Georgia.SUBMITTED FEBRUARY 16, 1977. DECIDED MARCH 10, 1977. UNDERCOFLER, Presiding Justice. The state appeals this habeas corpus case after the habeas court granted the petitioner relief. It involves sentencing on revocation of probation where there has been an intervening sentence. The state argues that the revoked […]

96 S.E.2d 601 COFER v. THE STATE. 19585.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1957. DECIDED FEBRUARY 11, 1957. MOBLEY, Justice. The defendant was convicted of murder and sentenced to life imprisonment. Her motion for new trial was denied, and she excepts. Held: 1. The general grounds were expressly abandoned. 2. The only special ground of […]