Category: Georgia Supreme Court Opinions

119 S.E.2d 553 DORSEY et al. v. CITY OF ATLANTA. 21179.Supreme Court of Georgia.ARGUED MARCH 14, 1961. DECIDED APRIL 6, 1961. REHEARING DENIED APRIL 20, 1961. A statute which authorizes a municipality to pave streets similarly situated and alike in all respects, or similarly situated portions of the same street, and to assess a different […]

76 S.E.2d 390 MARTIN v. MARTIN. 18174.Supreme Court of Georgia.ARGUED APRIL 14, 1953. DECIDED MAY 11, 1953. REHEARING DENIED JUNE 11, 1953. 1. The judgment of the court below, refusing to admit certain testimony tending to show acquiescence by the husband in certain acts which were not in accordance with the decree, was not error. […]

129 S.E.2d 868 FIDELITY CASUALTY COMPANY OF NEW YORK et al. v. PARHAM. 21880.Supreme Court of Georgia.ARGUED JANUARY 14, 1963. DECIDED FEBRUARY 11, 1963. Where the insurer, the employer and the employee entered into an agreement to pay total disability benefits for an occupational disease and, after the State Board of Workmen’s Compensation had approved […]

340 S.E.2d 843 COOK v. THE STATE. 42661.Supreme Court of Georgia. DECIDED MARCH 7, 1986. RECONSIDERATION DENIED APRIL 1, 1986. BELL, Justice. Appellant, James Cook, was convicted in Cobb County of murder and two counts of aggravated assault. The jury found the presence of two statutory aggravating circumstances and recommended a death sentence. The case […]

380 S.E.2d 711 THOMPKINS v. STUBBS. 46807.Supreme Court of Georgia. DECIDED APRIL 13, 1989. MARSHALL, Chief Justice. This case involves a petition for a writ of mandamus to compel a superior court judge to act on a petition for the writ of habeas corpus. In view of the fact that this is a direct application […]

379 S.E.2d 780 ZANT v. COOK. 46643.Supreme Court of Georgia. DECIDED JUNE 1, 1989. RECONSIDERATION DENIED JUNE 23, 1989. GREGORY, Justice. In 1950 appellee James Cook was convicted by a jury of the murder of Roland Smith and sentenced to life imprisonment. Cook did not appeal his conviction, and was paroled in 1957. His civil […]

182 S.E.2d 428 MARTIN v. BOHN. 26474.Supreme Court of Georgia.SUBMITTED APRIL 13, 1971. DECIDED JUNE 2, 1971. HAWES, Justice. The appeal in this case is from a judgment for the defendant entered upon the verdict of a jury which verdict had been directed for the defendant at the close of all the evidence in the […]

663 S.E.2d 179 WILLIAMS v. THE STATE. No. S08A0994.Supreme Court of Georgia. DECIDED JUNE 30, 2008. MELTON, Justice. Following a jury trial, Ontario Williams appeals his conviction for the murder of Andrew Howard, contending, among other things, that the evidence was insufficient to support the verdict.[1] We affirm. Page 95 Viewed in the light most […]

453 S.E.2d 442 ARMSTRONG v. THE STATE. S94A1901.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1995. CARLEY, Justice. For the fatal stabbing of a single victim, appellant was indicted on alternative counts of malice murder, felony murder while in the commission of an aggravated assault, and aggravated assault. He was brought to trial before a jury […]

225 S.E.2d 435 TYREE v. THE FIRST NATIONAL BANK OF ATLANTA. 30758.Supreme Court of Georgia.ARGUED FEBRUARY 10, 1976. DECIDED APRIL 28, 1976. GUNTER, Justice. This appeal by a judgment-creditor, the plaintiff in a garnishment action, is from a judgment of the trial court that dismissed the garnishment action on motion of The First National Bank […]

596 S.E.2d 114 FLORES v. THE STATE. S04A0319.Supreme Court of Georgia. DECIDED APRIL 27, 2004. HINES, Justice. A jury found Jason Flores guilty of the felony murder of Jesse Williamson while in the commission of aggravated assault by shooting him with a pellet gun; the aggravated assault of Williamson with a pellet gun; the aggravated […]

109 S.E.2d 798 HEAD et al. v. BROWNING et al. 20525.Supreme Court of Georgia.ARGUED JUNE 9, 1959. DECIDED JULY 8, 1959. REHEARING DENIED JULY 23, 1959. HAWKINS, Justice. T. Grady Head, Charles D. Thompson, Jr, G. H. Doyle, and Fred M. McCord, alleging themselves to be citizens, residents, and taxpayers of the City of Atlanta, […]

198 S.E.2d 300 LOWE v. WALTON. 27826.Supreme Court of Georgia.SUBMITTED APRIL 9, 1973. DECIDED MAY 5, 1973. HAWES, Justice. Appellant was arrested and charged with four separate offenses. The committing magistrate bound him over on all charges fixing his bond in the aggregate amount of $100,000. Appellant filed a petition for habeas corpus in the […]

57 S.E.2d 177 PHARR v. PHARR et al. 16912.Supreme Court of Georgia. JANUARY 12, 1950. The evidence authorized the verdict for the claimant, and the complaints relative to the charge of the court are without merit. No. 16912. JANUARY 12, 1950. Cancellation, etc. Before Judge Perryman. Wilkes Superior Court. September 17, 1949. On May 11, […]

452 S.E.2d 502 IN THE MATTER OF J. DUNHAM McALLISTER. S94Y0814.Supreme Court of Georgia. DECIDED JANUARY 30, 1995. PER CURIAM. This Court previously suspended J. Dunham McAllister for one year and conditioned his resumption of the practice of law upon his compliance with certain conditions precedent. In the Matter of J. Dunham McAllister, 261 Ga. […]

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 […]

355 S.E.2d 658 THE STATE v. SPARKS. 44010.Supreme Court of Georgia. DECIDED MAY 19, 1987. HUNT, Justice. We granted certiorari in Sparks v. State, 180 Ga. App. 467 (349 S.E.2d 504) (1986) to determine the applicability of Batson v. Kentucky, 476 U.S. ___ (106 S.C. 1712, 90 L.Ed.2d 69) (1986) to this case. In Batson, […]

151 S.E.2d 767 PUCKETT v. PUCKETT. 23758.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1966. DECIDED OCTOBER 20, 1966. DUCKWORTH, Chief Justice. The motion to dismiss the appeal is without merit since the enumeration of error need be only sufficient to point out the error complained of and need not conform to the old assignments of error […]

695 S.E.2d 29 HOUSTON COUNTY v. HARRELL. No. S09G2004.Supreme Court of Georgia. DECIDED MAY 17, 2010. HINES, Justice. This Court granted a writ of certiorari to the Court of Appeals in Harrell v. Houston County, 299 Ga. App. 347 (682 SE2d 591) (2009), to determine if the appeal was properly addressed by that court. Determining […]

592 S.E.2d 668 BANKS v. STATE OF GEORGIA (two cases). S03A1282, S03A1414.Supreme Court of Georgia. DECIDED FEBRUARY 2, 2004. CARLEY, Justice. Responding to the report of a shooting, police officers arrived at the home of Willie Banks and discovered that he had received multiple gunshot wounds. According to him, two armed men entered his home, […]

242 S.E.2d 132 KRISTENSEN v. KRISTENSEN. 33109.Supreme Court of Georgia.ARGUED JANUARY 16, 1978. DECIDED FEBRUARY 7, 1978. PER CURIAM. This is an appeal by the former husband in a divorce and alimony action filed by the former wife. The wife filed a divorce action on September 16, 1975, alleging cruel treatment. After a temporary order […]

599 S.E.2d 134 FRANKS v. THE STATE. S04P0113.Supreme Court of Georgia. DECIDED JUNE 28, 2004. RECONSIDERATION DENIED JULY 30, 2004. FLETCHER, Chief Justice. A Hall County jury convicted David Scott Franks of malice murder, armed robbery, two counts of aggravated battery, two counts of cruelty to a child, two counts of aggravated assault, burglary, and […]

154 S.E.2d 241 SHAFFER v. CITY OF ATLANTA et al. 23983.Supreme Court of Georgia.ARGUED MARCH 14, 1967. DECIDED MARCH 23, 1967. DUCKWORTH, Chief Justice. This action for equitable relief, as several times amended with renewed demurrers filed thereto and as required to be amended by order, seeks injunctive relief against named officials of the City […]

387 S.E.2d 334 WILLIAMS v. WILLIAMS. S90A0057.Supreme Court of Georgia. DECIDED JANUARY 24, 1990. SMITH, Presiding Justice. The Superior Court of Clayton County dismissed a petition for uncontested divorce filed by the appellant, Rhonda L. Williams, and her husband, Frank Williams, Jr. The appellant raises the issue of whether the husband’s affidavit, which provides that […]

689 S.E.2d 283 MARSHALL v. THE STATE (three cases). Nos. S09A2036, S09A2037, S09A2038.Supreme Court of Georgia. DECIDED FEBRUARY 1, 2010. THOMPSON, Justice. In this appeal, defendant Stephen Marshall asserts the trial court erred in failing to find that the State violated his constitutional right to a speedy trial with regard to three separate offenses. He […]

105 S.E.2d 29 ROWAN et al., Trustees, v. HERRING, Exr., et al. 20143.Supreme Court of Georgia.ARGUED JULY 15, 1958. DECIDED SEPTEMBER 5, 1958. The instant petition, seeking a declaratory judgment for the construction of a will, shows that all rights have accrued under Page 371 the will; that the petitioners do not face any uncertainty […]

183 S.E.2d 397 PEALOCK v. PEALOCK et al. 26563.Supreme Court of Georgia.ARGUED JUNE 14, 1971. DECIDED JULY 9, 1971. FELTON, Justice. James Royce Pealock filed a complaint for divorce against his wife, Viola Shelton Pealock. The defendant filed her answer and counterclaim, seeking a divorce and alleging that the parties owned an equitable title to […]

134 S.E.2d 601 DEAN v. JACKSON. 22265.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1963. DECIDED JANUARY 10, 1964. QUILLIAN, Justice. 1. The scope of an attorney’s authority when retained to prosecute or defend a pending case is determined by the terms of his contract of employment, and the instructions given by his client, but where, as […]

517 S.E.2d 784 HIGGINBOTHAM v. RICE. S99G0420.Supreme Court of Georgia. DECIDED: JUNE 7, 1999. FLETCHER, Presiding Justice. Executor John J. Higginbotham filed a petition to probate the June 10, 1996, will of his aunt, Sarah Higginbotham Hale. Hale’s niece and heir at law, Doris Rice, filed a written objection which the probate court dismissed as […]

102 S.E.2d 495 KESSLER et al. v. PURITAN CHEMICAL CO. 19929.Supreme Court of Georgia.SUBMITTED JANUARY 16, 1958. DECIDED FEBRUARY 7, 1958. REHEARING DENIED MARCH 7, 1958. DUCKWORTH, Chief Justice. Two of the plaintiffs in error entered into employment contracts to sell petitioner’s products and merchandise in specifically designated territories, Page 846 and agreed that, during […]

18 S.E.2d 556 SPARKS v. SPARKS, guardian. 13957.Supreme Court of Georgia. JANUARY 16, 1942. 1. A deed to several grantees to secure their separate debts against the grantor provided that the interest of each should be in the proportion that his debt bore to the whole, and that each of the grantees was to hold […]

164 S.E.2d 128 HART v. RADNEY. 24845.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1968. DECIDED OCTOBER 10, 1968. MOBLEY, Justice. The notice of appeal and transcript of record in the present case were filed in this court on August 2, 1968. The enumeration of errors was filed on August 15, 1968, thirteen days after the case […]

706 S.E.2d 461 IN THE MATTER OF BROOKS E. BLITCH III. No. S11Y0275.Supreme Court of Georgia. DECIDED FEBRUARY 28, 2011. PER CURIAM. This disciplinary matter is before the Court on the report and recommendation of a special master, James C. Whelchel, appointed pursuant to Bar Rule 4-106 (e). The special master recommends suspending Respondent Brooks […]

644 S.E.2d 120 ROPER v. THE STATE. No. S07A0322.Supreme Court of Georgia. DECIDED APRIL 24, 2007. CARLEY, Justice. Joseph Roper was tried before a jury on a felony murder count, which alleged that he was a convicted felon and that he had killed Donald Smith while possessing a firearm in violation of OCGA § 16-11-131. […]

113 S.E.2d 134 HARRIS v. PORTER’S SOCIAL CLUB, INC. 20722.Supreme Court of Georgia.ARGUED JANUARY 11, 1960. DECIDED FEBRUARY 11, 1960. HAWKINS, Justice. 1. “An instrument signed by one as agent, trustee, guardian, administrator, executor, or the like, without more, shall be the individual undertaking of the maker, such words being generally words of description.” Code […]

15 S.E.2d 202 STEPHENS v. PICKERING. 13726.Supreme Court of Georgia. MAY 16, 1941. 1. In a proceeding in which it is sought to set aside and vacate a verdict and judgment obtained at a previous term, on the ground that certain testimony was false, such ground is without force where it is not alleged that […]

657 S.E.2d 822 ROBINSON v. THE STATE. No. S08A0084.Supreme Court of Georgia. DECIDED FEBRUARY 25, 2008. CARLEY, Justice. After a jury trial, Dalreno Robinson was found guilty of the felony murder of Kevin Stiggers and a separate count charging the underlying felony of aggravated assault. The trial court entered judgment of conviction for felony murder, […]

217 S.E.2d 257 FOREMAN v. FOREMAN. 29980.Supreme Court of Georgia.ARGUED JUNE 11, 1975. DECIDED JUNE 24, 1975. JORDAN, Justice. Judith Ann Foreman appeals from the grant of a summary judgment to Merlin E. Foreman, her former husband, in her action against him for modification of an alimony and child support judgment under Code Ann. § […]

5 S.E.2d 641 SULLIVAN v. FARLOW. 13089.Supreme Court of Georgia. NOVEMBER 14, 1939. 1. The allowance of the amendment merely made more certain the description of the easement claimed, and was not subject to the objection that it set forth a new cause of action. 2. Equity has jurisdiction to enjoin a continuing trespass. 3. […]

571 S.E.2d 387 BONNER v. NORWEST BANK MINNESOTA, N.A. et al. S02A1311.Supreme Court of Georgia. Decided October 15, 2002 CARLEY, Justice. Shortly after the death of her husband in 1990, Gertrude Paige executed a warranty deed conveying a 100-acre tract to herself and her niece, Laura Bonner, thereby creating a joint tenancy with right of […]

614 S.E.2d 31 ROSS v. THE STATE. S05A0748.Supreme Court of Georgia. DECIDED MAY 23, 2005. FLETCHER, Chief Justice. A jury in Fulton County convicted Todrick Ross of malice murder, two counts of felony murder, aggravated assault with a deadly weapon, possession of a weapon by a convicted felon, and possession of a weapon in the […]

291 S.E.2d 715 WILLIS et al. v. RABUN COUNTY BANK. 38500.Supreme Court of Georgia. DECIDED JUNE 2, 1982. CLARKE, Justice. Upon reviewing this case on appeal, the Court of Appeals held that the joint and several liability of four individuals in a previous real estate loan activates the “dragnet” clause contained in a subsequent deed […]

308 S.E.2d 164 JACKSON v. GERSHON. 39766.Supreme Court of Georgia. DECIDED OCTOBER 25, 1983. SMITH, Justice. Certiorari was granted to review the decision of the Court of Appeals affirming a grant of summary judgment for appellee physician in this medical malpractice action. We reverse. Appellant Irma Jackson was admitted to Paulding County Memorial Hospital on […]

496 S.E.2d 903 SHIVER v. NORFOLK-SOUTHERN RAILWAY COMPANY. S97G1107.Supreme Court of Georgia. DECIDED MARCH 9, 1998. THOMPSON, Justice. We granted a petition for certiorari to the Court of Appeals in Shiver v. Norfolk-Southern R. Co., 225 Ga. App. 544 (484 S.E.2d 503) (1997), to determine whether an unsworn, extrajudicial declaration of a party-witness, which contradicts […]

122 S.E.2d 573 JACKSON, Executrix v. COPELAND. LESTER v. COPELAND. 21424, 21425.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1961. DECIDED NOVEMBER 9, 1961. The petition did not state a cause of action for specific performance of an alleged oral contract to make a will devising the property of the deceased, in consideration of services to be […]

291 S.E.2d 543 THE STATE v. JOHNSTON. 38151.Supreme Court of Georgia. DECIDED MAY 25, 1982. SMITH, Justice. Johnston was arrested on DUI charges. He thereafter filed a written motion to suppress pursuant to Code Ann. § 27-313 alleging that: 1) The arresting officer did not advise Johnston of his right to have additional blood alcohol […]

259 S.E.2d 470 JOHNSON v. PRYOR et al. 35114.Supreme Court of Georgia.ARGUED JULY 11, 1979. DECIDED SEPTEMBER 10, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Jordan, J., who dissents. ARGUED JULY 11, 1979 — DECIDED SEPTEMBER 10, 1979. Land line dispute; injunction, etc. Pike Superior Court. Before Judge […]

208 S.E.2d 815 BLACKSTONE INDUSTRIES, INC. et al. v. ANDRE et al. 28932.Supreme Court of Georgia.SUBMITTED MAY 24, 1974. DECIDED SEPTEMBER 6, 1974. NICHOLS, Presiding Justice. Carolyn Annette Andre and Christine Lee Green filed the present action seeking an injunction and damages allegedly resulting from a civil conspiracy to force them from leased premises where […]

109 S.E.2d 732 BRANCH et al. v. HUMAN et al. 20523.Supreme Court of Georgia.ARGUED JUNE 8, 1959. DECIDED JULY 8, 1959. Under the facts of the present case, it was error for the trial judge to sustain the plea of discharge in bankruptcy of one of the defendants, the grantor in a deed attacked by […]

8 S.E.2d 525 MOXLEY v. ADAMS. 13175.Supreme Court of Georgia. APRIL 11, 1940. JENKINS, Justice. 1. The right to take from land a part of its soil or timber, often designated as an easement but also referred to as constituting a larger interest, may arise from an express grant for a valuable consideration; and when […]

307 S.E.2d 904 LAW v. THE STATE. WHITFIELD v. THE STATE. 39818, 39832.Supreme Court of Georgia. DECIDED OCTOBER 7, 1983. GREGORY, Justice. Eddie Law, Jake Whitfield and two others were convicted in Decatur Superior Court of the offense of possession of cocaine, a controlled substance. Law and Whitfield each appealed to the Court of Appeals. […]

526 S.E.2d 840 HACKBART v. HACKBART. S99A1310.Supreme Court of Georgia. DECIDED: JANUARY 31, 2000. HINES, Justice. Michael Hayes Hackbart appeals from an award of child support in this divorce case. This Court granted his application for discretionary appeal to determine whether the award was appropriate when the complaint contained no plea for child support and […]

401 S.E.2d 270 PUGH v. THE STATE. S90A1627.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1991. CLARKE, Chief Justice. Sandra Pugh was convicted of killing her husband and sentenced to life imprisonment.[1] Her sole defense at trial was that she killed her husband because she was a victim of battered woman syndrome. Appellant testified at trial […]

705 S.E.2d 158 IN THE MATTER OF TONY EUGENE MATHIS. No. S11Y0538.Supreme Court of Georgia. DECIDED FEBRUARY 7, 2011. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Tony Eugene Mathis (State Bar No. 477066) in which he requests a twelve-month suspension with conditions for his […]

20 S.E.2d 761 METROPOLITAN LIFE INSURANCE CO. v. JOHNSON. 14094.Supreme Court of Georgia. MAY 21, 1942. REHEARING DENIED JUNE 16, 1942. 1. An insured is entitled to total-disability benefits under an insurance policy containing a clause that should the insured “become totally and permanently disabled as the result of bodily injury or disease occurring and […]

296 S.E.2d 49 DELLER v. SMITH et al. 38494.Supreme Court of Georgia. DECIDED OCTOBER 19, 1982. REHEARING DENIED NOVEMBER 2, 1982. GREGORY, Justice. We granted certiorari in this case to review the Court of Appeals’ determination of the issues of statutes of limitation, service of process, and failure to join a necessary party i Smith […]

571 S.E.2d 376 CURTIS v. THE STATE, JACKSON v. THE STATE S01G1868, S02G1091Supreme Court of Georgia. Decided October 15, 2002 BENHAM, Justice. Although these cases are not directly related, we consider them together because in each case the Court of Appeals held that an issue regarding whether certain convictions should be merged with others was […]

81 S.E.2d 795 JACKSON et al. v. JACKSON et al. 18533.Supreme Court of Georgia.SUBMITTED MARCH 9, 1954. DECIDED APRIL 14, 1954. REHEARING DENIED MAY 13, 1954. It was not error to deny the motion for new trial. SUBMITTED MARCH 9, 1954 — DECIDED APRIL 14, 1954 — REHEARING DENIED MAY 13, 1954. Injunction. Before Judge […]

86 S.E.2d 325 MAVITY v. ASSOCIATES DISCOUNT CORPORATION. 18877.Supreme Court of Georgia.SUBMITTED FEBRUARY 15, 1955. DECIDED MARCH 15, 1955. CANDLER, Justice. Mrs. Evelyn Mavity filed a suit against Associates Discount Corporation to cancel certain notes and deeds and for other equitable relief. The defendant, in due time, answered the petition. The plaintiff demurred generally to […]

207 S.E.2d 17 BALDWIN v. ARIAIL. 28829.Supreme Court of Georgia.SUBMITTED APRIL 19, 1974. DECIDED JUNE 12, 1974. HALL, Justice. The plaintiff appeals the grant of summary judgment on behalf of the city clerk of Thomasville in an action to compel the clerk to permit the inspection of records of the city election held on June […]

156 S.E.2d 29 PAYTON, Administrator v. DAUGHTRY et al. 24150.Supreme Court of Georgia.SUBMITTED JUNE 12, 1967. DECIDED JUNE 22, 1967. The petition seeking cancellation of deeds as clouds upon title did not set forth a cause of action. SUBMITTED JUNE 12, 1967 — DECIDED JUNE 22, 1967. Cancellation. Screven Superior Court. Before Judge Usher. L. […]

74 S.E.2d 879 GILBERT v. MOODY. 18107.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1953. DECIDED FEBRUARY 24, 1953. CANDLER, Justice. On the call of this case for argument, a motion was made to dismiss the writ of error on the ground that this court is without jurisdiction, since the bill of exceptions was not timely certified. […]

277 S.E.2d 653 BOWDEN v. MEWS DEVELOPMENT CORPORATION. 37078.Supreme Court of Georgia. DECIDED APRIL 29, 1981. HILL, Presiding Justice. Plaintiff-lessee sued defendant-lessor for specific performance of an option. The parties executed an apartment lease in early 1979 which provided that the lessee would have the option to purchase the premises on specified terms in the […]

161 S.E.2d 302 JONES v. THE STATE. 24538.Supreme Court of Georgia.ARGUED MARCH 13, 1968. DECIDED APRIL 9, 1968. REHEARING DENIED APRIL 22, 1968. 1. There is no rule in Georgia requiring the State to make its evidence, documentary or otherwise, available to the defendant or his counsel before trial. 2. In a capital felony case […]

249 S.E.2d 90 DAVIS v. DAVIS. 33833.Supreme Court of Georgia.SUBMITTED JULY 12, 1978. DECIDED OCTOBER 4, 1978. MARSHALL, Justice. The defendant husband appeals from two orders of the trial court. The order granting temporary alimony, though appealable under Code Ann. § 6-701 (a) (3) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. […]

250 S.E.2d 490 CHERRY v. THE STATE. 34220.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1978. DECIDED NOVEMBER 30, 1978. UNDERCOFLER, Presiding Justice. Appellant was convicted of the murder of his wife and sentenced to life imprisonment. He appeals and contends that the trial court erred in failing to charge voluntary manslaughter upon request. State v. Stonaker, […]

429 S.E.2d 521 IN THE MATTER OF RUSSELL THOMAS BRIDGES. No. S93Y1036.Supreme Court of Georgia. DECIDED MAY 3, 1993. PER CURIAM. Russell Thomas Bridges petitioned for voluntary surrender of his license to practice law. The Review Panel of the State Bar of Georgia determined that Bridges had entered a plea of guilty in the Superior […]

55 S.E.2d 220 HAYGOOD v. DUNCAN, administrator, et al. 16749.Supreme Court of Georgia. SEPTEMBER 16, 1949. HEAD, Justice. This is the second appearance of the present case in this court. See Haygood v. Duncan, 204 Ga. 540 (50 S.E.2d 214). The exception is to a judgment overruling the motion for new trial, containing the usual […]

134 S.E.2d 605 RATCLIFF et al. v. RATCLIFF. 22255.Supreme Court of Georgia.SUBMITTED NOVEMBER 12, 1963. DECIDED JANUARY 10, 1964. The recharge assigned as error did not tend to coerce agreement and verdict by requiring surrender of conscientious convictions by individual jurors. Page 546 SUBMITTED NOVEMBER 12, 1963 — DECIDED JANUARY 10, 1964. Cancellation. Fannin Superior […]

559 S.E.2d 728 DAVIDSON v. CALLAWAY. S01A1431.Supreme Court of Georgia. DECIDED: FEBRUARY 11, 2002 SEARS, Presiding Justice. This Court granted an earlier application for discretionary appeal in this domestic relations matter, and remanded for the trial court to clarify its basis for an award of attorney fees. On remand, the trial court explained that it […]

130 S.E.2d 591 GAY et al. v. GRAHAM. 21982.Supreme Court of Georgia.ARGUED MARCH 11, 1963. DECIDED MARCH 25, 1963. In a will providing that upon the termination of a life estate for a widow, the realty in question shall be sold and the proceeds of the sale “divided among my surviving children,” the words of […]

409 S.E.2d 30 CRAMER v. SPALDING COUNTY et al.; and vice versa. S91A0714, S91X0715.Supreme Court of Georgia. DECIDED SEPTEMBER 26, 1991. FLETCHER, Justice. Spalding County filed its complaint in Spalding Superior Court against Tim C. Cramer as judge of the State Court of Spalding County and against the clerk of the state court. The county […]

216 S.E.2d 847 STROZIER v. HOPPER. 29844.Supreme Court of Georgia.SUBMITTED APRIL 21, 1975. DECIDED JUNE 17, 1975. HILL, Justice. On petition for habeas corpus by Eddie James Strozier, the habeas court found validity in his contention concerning consecutive sentencing and remanded that matter to the sentencing court. Strozier appeals from the order of the habeas […]

228 S.E.2d 863 PATTON v. PATTON. 31050.Supreme Court of Georgia.SUBMITTED APRIL 16, 1976. DECIDED SEPTEMBER 8, 1976. GUNTER, Justice. This appeal is from a judgment that held the former husband in contempt of court for failure to make alimony and child support payments that were overdue under a previous judgment. After a hearing the trial […]

373 S.E.2d 1 LLOYD v. THE STATE. 45619.Supreme Court of Georgia. DECIDED OCTOBER 20, 1988 RECONSIDERATION DENIED NOVEMBER 9, 1988. HUNT, Justice. On the previous appeal of her murder conviction, Bernice Mae Lloyd raised, for the first time, the question of the effectiveness of her trial counsel. Her conviction was affirmed by this court in […]

207 S.E.2d 26 GEORGE v. GEORGE. 28738.Supreme Court of Georgia.SUBMITTED MARCH 18, 1974. DECIDED JUNE 18, 1974. 1. The trial court did not err in considering evidence of which it had personal knowledge, records of prior proceedings in the same case and evidence presented at the contempt hearing in adjudicating the appellant in contempt of […]

24 S.E.2d 41 TWILLEY v. TWILLEY. 14388.Supreme Court of Georgia. JANUARY 13, 1943. BELL, Presiding Justice. 1. In the instant suit for divorce by a wife, in which the husband filed a cross-action praying for a total divorce in his own behalf, and recovered a verdict accordingly, whether the cross-action should be construed as failing […]

306 S.E.2d 267 MURFF v. THE STATE. 39845.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1983. REHEARING DENIED OCTOBER 4, 1983. SMITH, Justice. Gerald Mitchell Murff was indicted for voluntary manslaughter, tried before a Fulton County jury, convicted, and sentenced to five years imprisonment. On appeal his conviction was affirmed Murff v. State, 165 Ga. App. […]

317 S.E.2d 529 MOORE v. MOORE. 41145.Supreme Court of Georgia. DECIDED JULY 2, 1984. REHEARING DENIED JULY 30, 1984. MARSHALL, Presiding Justice. This divorce case is here following our grant of an application to appeal. The question for decision is whether the plaintiff had the right to voluntarily dismiss his complaint. These are the facts: […]

37 S.E.2d 184 GEARLLACH v. ODOM. 15377.Supreme Court of Georgia. FEBRUARY 21, 1946. A previous undissolved marriage of one of the parties to a marriage ceremony renders such party incapable of making a marriage contract. A marriage ceremony involving such a party is void. Such previous undissolved marriage is not a ground for divorce which […]

55 S.E.2d 147 BREWER v. BREWER. 16747.Supreme Court of Georgia. SEPTEMBER 14, 1949. WYATT, Justice. 1. Condonation and cohabitation after filing a suit for divorce, if conditioned upon the promise of the defendant not to again be guilty of the acts charged in the petition, will not prevent the plaintiff from proceeding with the original […]

162 S.E.2d 349 BRYAN v. THE STATE. 24600.Supreme Court of Georgia.SUBMITTED MAY 13, 1968. DECIDED JUNE 20, 1968. 1. Under the majority opinion of this court in Hill v. Willis, 224 Ga. 263 (161 S.E.2d 281), the denial of the motion for new trial, as amended, unappealed from, fixed as the law of the case […]

541 S.E.2d 32 BECTON v. GRACY. S00A0275.Supreme Court of Georgia. DECIDED: FEBRUARY 14, 2000 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59.All the Justices concur. Wills. Richmond County Probate Court. Before Hon. Isaac Jolles. Evita A. Paschall, for appellant. James Luther Lester, LESTER LESTER FLYNT, for appellee.

644 S.E.2d 858 IN THE MATTER OF DAVID LEE JUDAH. No. S07Y1068.Supreme Court of Georgia. DECIDED MAY 14, 2007. PER CURIAM. This disciplinary matter is before the Court on David Lee Judah’s request for readmission to practice law in the State of Georgia. In 2000, this Court imposed on Judah a three-year suspension from the […]

310 S.E.2d 224 TUGGLE v. TUGGLE. 40379.Supreme Court of Georgia. DECIDED JANUARY 4, 1984. WELTNER, Justice. This interlocutory appeal raises questions involving jurisdiction and service of process. The wife filed her sworn complaint for divorce in the Superior Court of Gwinnett County, alleging that her husband was a resident of that county. The husband was […]

230 S.E.2d 885 BRADBERRY v. THE STATE. 31701.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1976. DECIDED DECEMBER 1, 1976. NICHOLS, Chief Justice. The appellant was indicted, tried and convicted for the offense of murder. He received a life sentence and after his motion for new trial was overruled, the present appeal was filed. 1. The first […]

375 S.E.2d 35 DUKES v. THE STATE. 45904.Supreme Court of Georgia. DECIDED JANUARY 11, 1989. HUNT, Justice. Larry Lee Dukes was convicted in Fulton County of the murder of Lillian Brown, his common-law wife, and was sentenced to life in prison.[1] On appeal,[2] he asks us to consider whether his character was impermissibly placed in […]

43 S.E.2d 548 BRYANT v. THE STATE. 15886.Supreme Court of Georgia. JULY 10, 1947. HEAD, Justice. The evidence in this case amply supported the verdict, and it was not erroneous to overrule the motion for new trial, which was based on the general grounds only. Judgment affirmed. All the Justices concur. No. 15886. JULY 10, […]

42 S.E.2d 763 HALL v. SCOGGINS, Sheriff. 15778.Supreme Court of Georgia. MAY 13, 1947. 1. The writ of habeas corpus cannot be used as a substitute for appeal, writ of error, or other remedial procedure for the correction of errors not affecting the jurisdiction of the court or rendering the judgment void. It is an […]

367 S.E.2d 230 CHASTAIN v. SCHOMBURG. 45436.Supreme Court of Georgia. DECIDED MAY 4, 1988. CLARKE, Presiding Justice. In 1975 Appellee Schomburg (“Seller”) conveyed by deed of gift a four-tenths undivided interest in 25 acres of land to his four children. In November, 1986, Seller signed a sales contract for the property with Appellant Chastain (“Buyer”). […]

498 S.E.2d 266 SMITH v. GEORGIA KAOLIN COMPANY, INC. ET AL. DRY BRANCH KAOLIN COMPANY ET AL. v. SMITH. S98A0056, S98X0058.Supreme Court of Georgia. DECIDED APRIL 13, 1998 — RECONSIDERATION DENIED MAY 22, 1998. CARLEY, Justice. John W. Smith brought a petition to quiet title pursuant to Page 476 OCGA §§ 23-3-60 et seq. and, […]

435 S.E.2d 187 BROWN v. RUTLEDGE. S93A0900.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 1993. RECONSIDERATION DENIED OCTOBER 28, 1993. PER CURIAM. Brown sued Rutledge in the Magistrate Court of Clayton County. After the magistrate court dismissed his complaint, Brown appealed to the State Court of Clayton County. The State Court granted summary judgment to Rutledge. […]

135 S.E.2d 330 MILTON FRANK ALLEN PUBLICATIONS, INC., et al. v. GEORGIA ASSOCIATION OF PETROLEUM RETAILERS, INC.; and vice versa. 22252, 22257.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1963. DECIDED FEBRUARY 10, 1964. 1, 2. Since the petition alleged a cause of action for construction of the contract, the general demurrers to the petition were properly […]

642 S.E.2d 51 BANTA v. THE STATE. No. S06A2032.Supreme Court of Georgia. DECIDED FEBRUARY 5, 2007. RECONSIDERATION DENIED FEBRUARY 26, 2007. HINES, Justice. Clinton Wyatt Banta appeals his conviction for felony making a false statement to a government agency, challenging the constitutionality of OCGA § 16-10-20, the statute defining that crime. Construed to support the […]