Category: Georgia Supreme Court Opinions

185 S.E.2d 82 HIGHTOWER v. THE STATE. 26776.Supreme Court of Georgia.ARGUED OCTOBER 12, 1971. DECIDED NOVEMBER 5, 1971. UNDERCOFLER, Justice. This appeal is from the conviction and sentence of two years imprisonment for the offense of armed robbery. The appellant enumerates as error the denial of his objection to the introduction in evidence of a […]

85 S.E.2d 413 CENTRAL OF GEORGIA RAILWAY COMPANY v. BROTHERHOOD OF RAILROAD TRAINMEN et al.; and vice versa. 18748, 18749.Supreme Court of Georgia.ARGUED NOVEMBER 8, 1954. DECIDED JANUARY 10, 1955. HAWKINS, Justice. Central of Georgia Railway Company, the plaintiff in error in the main bill of exceptions, assigns error upon the judgment of Chatham Superior […]

75 S.E.2d 426 LEE v. AUSTIN. 18155.Supreme Court of Georgia.SUBMITTED MARCH 9, 1953. DECIDED APRIL 14, 1953. ALMAND, Justice. C. M. Austin in his declaration in attachment alleged: that Herman G. Lee was indebted to him in the sum of $1000 plus interest, because of the breach of a covenant of warranty; that on May […]

97 S.E.2d 567 WEBB et al. v. SMITH et al. 19677.Supreme Court of Georgia.ARGUED APRIL 9, 1957. DECIDED APRIL 9, 1957. ALMAND, Justice. The sustaining of the demurrers interposed by the defendants to a petition seeking to recover a money judgment presenting solely questions of law, and not otherwise presenting a case falling within the […]

48 S.E.2d 860 SMITH v. THE STATE. 16228.Supreme Court of Georgia. JULY 13, 1948. REHEARING DENIED JULY 28, 1948. 1. The evidence was sufficient to authorize the jury to find that the homicide occurred in the commission of an unlawful act which in its consequences naturally tended to destroy the life of a human being. […]

255 S.E.2d 57 TEASLEY v. MATHIS. 34701.Supreme Court of Georgia.SUBMITTED MARCH 16, 1979. DECIDED APRIL 24, 1979. UNDERCOFLER, Presiding Justice. Lucius Teasley, appellant, raised the question in the trial court whether the Georgia “no fault” automobile insurance law is unconstitutional because it disallows an accident victim who does not sustain “serious injury” from suing for […]

249 S.E.2d 615 RUSSELL et al. v. TOWLES et al. 33887.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1978. DECIDED SEPTEMBER 4, 1978. REHEARING DENIED OCTOBER 24, 1978. UNDERCOFLER, Presiding Justice. We granted this interlocutory appeal to consider the question whether DeKalb County is entitled to a jury trial in a zoning case. In Guhl v. Davis, […]

500 S.E.2d 579 JERSAWITZ v. RILEY S98A0816.Supreme Court of Georgia. DECIDED MAY 26, 1998 — RECONSIDERATION DENIED JUNE 26, 1998. CARLEY, Justice. Jack Jersawitz was charged with criminal trespass and his case was eventually assigned to Judge Yvette Miller of the State Court of Fulton County. Jersawitz filed a motion to recuse Judge Miller and […]

100 S.E.2d 730 HAMILTON, Executor, v. DANIEL. 19876.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1957. DECIDED NOVEMBER 8, 1957. WYATT, Presiding Justice. W. E. Daniel filed his petition against W. Clarence Hamilton as executor, praying for specific performance and damages for the breach of a contract to purchase Page 651 real estate. A general demurrer to […]

135 S.E.2d 417 PRITCHETT v. PRITCHETT. 22283.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1964. DECIDED FEBRUARY 6, 1964. In an independent suit to change the custody of a 15 year old child, the court did not abuse its discretion in refusing to change the custody from the mother to the father. SUBMITTED JANUARY 15, 1964 — […]

238 S.E.2d 888 THOMAS v. THE STATE. 32537.Supreme Court of Georgia.SUBMITTED JULY 15, 1977. DECIDED SEPTEMBER 27, 1977. MARSHALL, Justice. Larry Thomas was tried and found guilty of murder by the Superior Court of Ware County. For that offense he was sentenced to life in prison. Evidence concerning the particular events of April 27, 1975, […]

33 S.E.2d 429 DAVIS v. DAVIS. 15096.Supreme Court of Georgia. MARCH 7, 1945. The verdict, being amply supported by the evidence and having the approval of the trial court, will not be disturbed by this court. No. 15096. MARCH 7, 1945. Petition for injunction. Before Judge Persons. Monroe superior court. October 20, 1944. Rowena Davis […]

147 S.E.2d 431 RICKS v. THE STATE. 23341.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1966. DECIDED FEBRUARY 23, 1966. REHEARING DENIED MARCH 10, 1966. CANDLER, Presiding Justice. An accusation charging Willie Ricks with a misdemeanor was filed in the City Court of Colquitt County on May 1, 1965, alleging that he did on February 13, 1965, […]

242 S.E.2d 158 GOODRUM v. THE STATE. 33179.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1978. DECIDED FEBRUARY 7, 1978. NICHOLS, Chief Justice. The defendant was tried and convicted for murder and given a life sentence. His motion for new trial was overruled and he appeals to this court. 1. The first enumeration of error complains of […]

46 S.E.2d 583 SMITH v. THE STATE. 16069.Supreme Court of Georgia. FEBRUARY 12, 1948. The verdict was amply supported by the evidence, and it was not erroneous to overrule the motion for new trial as amended. No. 16069. FEBRUARY 12, 1948. Murder. Before Judge Price. Tattnall Superior Court. October 17, 1947. Ernest Smith and Sylvester […]

684 S.E.2d 251 SANCHEZ v. THE STATE. No. S09A0747.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. BENHAM, Justice. Ricardo Sanchez appeals the judgment of conviction entered on jury verdicts finding him guilty of felony murder with aggravated assault as the predicate felony in connection with the death of Juan Arreola, and reckless conduct in connection […]

429 S.E.2d 522 NOLTON v. THE STATE. S93A0179.Supreme Court of Georgia. DECIDED MAY 3, 1993. HUNT, Presiding Justice. Kenneth Nolton shot and killed Wendell Neal with a handgun and robbed and wounded David Peterson. He was convicted of felony murder, armed robbery, aggravated assault, and possession of a firearm during the commission of a crime, […]

347 S.E.2d 595 MORGAN v. MORGAN. 43403.Supreme Court of Georgia. DECIDED SEPTEMBER 3, 1986. WELTNER, Justice. Thomas Morgan died, leaving his entire estate to his widow to the exclusion of his sons. The sons filed suit against the widow, alleging Page 251 that through intentional and wrongful conduct she caused their father to deplete his […]

158 S.E.2d 248 MILTON FRANK ALLEN PUBLICATIONS, INC. v. GEORGIA ASSOCIATION OF PETROLEUM RETAILERS, INC. 24350.Supreme Court of Georgia.ARGUED OCTOBER 10, 1967. DECIDED NOVEMBER 9, 1967. There being conflicting evidence on the issues raised by the pleadings, the trial judge did not abuse his discretion in denying an interlocutory injunction. ARGUED OCTOBER 10, 1967 — […]

207 S.E.2d 73 HUDSON v. AULT. 28456.Supreme Court of Georgia. DECIDED MAY 21, 1974. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

394 S.E.2d 912 ARGENBRIGHT, INC. et al. v. METRO EXPRESS, INC. S90G0673.Supreme Court of Georgia. DECIDED JUNE 21, 1990. RECONSIDERATION DENIED JULY 5, 1990. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari, and the writ is therefore vacated. All the Justices concur. […]

482 S.E.2d 286 BUSKIRK ET AL. v. STATE OF GEORGIA ET AL. S96A1906.Supreme Court of Georgia. DECIDED MARCH 3, 1997. RECONSIDERATION DENIED APRIL 3, 1997 THOMPSON, Justice. For nearly 25 years, the state gave within-grade pay increases to employees in the classified service of the State Merit System who rated “satisfactory” or better in their […]

320 S.E.2d 154 THE STATE v. SHEPPERD. 40984.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 1984. GREGORY, Justice. Timothy Lee Shepperd was indicted for murder and convicted of the lesser offense of involuntary manslaughter. The Court of Appeals reversed his conviction holding the trial court erred in failing to give Shepperd’s requested charge that where evidence […]

251 S.E.2d 523 PARKER v. PARKER. 34162.Supreme Court of Georgia.ARGUED OCTOBER 11, 1978. DECIDED JANUARY 4, 1979. MARSHALL, Justice. This is an appeal from an order of the trial court denying the appellant father’s motion — made in conjunction with his contempt proceeding against his former wife, appellee — for a modification of child visitation […]

154 S.E.2d 193 HILL v. PANGLE. 23921.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1967. DECIDED FEBRUARY 23, 1967. DUCKWORTH, Chief Justice. The petitioner in essence alleges that she and defendant contemplated marriage and in reliance thereon she paid $1,000 as a down payment on described realty, took possession thereof and has expended $3,000 for improvements thereon […]

170 S.E.2d 687 PARK v. THE STATE. 25385.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1969. DECIDED OCTOBER 3, 1969. REHEARING DENIED OCTOBER 8, 1969. Whereas in the present case the evidence authorizes the verdict approved by the trial court and no error of law appears, the verdict and sentence must be affirmed. ARGUED SEPTEMBER 8, 1969 […]

167 S.E.2d 753 BRAWNER v. SMITH, Warden. 25131.Supreme Court of Georgia.ARGUED APRIL 14, 1969. DECIDED MAY 8, 1969. REHEARING DENIED MAY 22, 1969. 1. The order of the court was a final judgment from which an appeal could be taken. 2. The case of Whitus v. Georgia, 385 U.S. 545 (87 S.C. 643, 17 L.Ed.2d […]

43 S.E.2d 268 WALEA et al. v. PIERCE et al. 15851.Supreme Court of Georgia. JUNE 12, 1947. 1. The evidence amply supported the verdict. 2. Estoppels by admissions made in pleading apply only between parties and privies to the suit or litigation in which the admissions relied on as an estoppel were made. 3. Newly […]

218 S.E.2d 75 DALLAS v. HOPPER. 29883.Supreme Court of Georgia. DECIDED MAY 20, 1975. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

117 S.E.2d 536 SPILLER v. CHAPMAN. 21059.Supreme Court of Georgia.ARGUED OCTOBER 10, 1960. DECIDED NOVEMBER 10, 1960. CANDLER, Justice. Ruby Scott died December 8, 1959, a resident at the time of her death of Madison County, Georgia. She had executed a will several years prior to her death, in which she gave her entire estate […]

382 S.E.2d 597 RIDGEVIEW INSTITUTE, INC. et al. v. BRANDVAIN. 46163.Supreme Court of Georgia. DECIDED JULY 13, 1989. RECONSIDERATION DENIED JULY 27, 1989. PER CURIAM. We granted certiorari to review the opinion of the Court of Appeals in Brandvain v. Ridgeview Institute, 188 Ga. App. 106 (372 S.E.2d 265) (1988). After careful review, we find […]

373 S.E.2d 192 PRUITT v. THE STATE. 45491.Supreme Court of Georgia. DECIDED OCTOBER 20, 1988. SMITH, Justice. Mark Anthony Pruitt was convicted by a jury of murder, rape, kidnapping with bodily injury, aggravated sodomy and aggravated assault. The crime occurred in Montgomery County but venue was changed to Pulaski County. See OCGA § 17-7-150. Pruitt […]

315 S.E.2d 427 IN THE MATTER OF NICHOLSON. SUPREME COURT DISCIPLINARY NO. 324Supreme Court of Georgia. DECIDED MAY 16, 1984. PER CURIAM. James E. Nicholson, Jr. was retained by Richard A. Wykoff, a student, to represent him in a divorce action. On September 14, 1982, the trial judge in the divorce proceeding entered an order […]

314 S.E.2d 103 LANSFORD v. COOK et al. 40641.Supreme Court of Georgia. DECIDED APRIL 4, 1984. GREGORY, Justice. This appeal arises out of a mandamus action brought in Liberty Superior Court. In April 1983, appellant, Robert C. Lansford, was notified by the Superintendent of the Savannah school system that his teaching contract would not be […]

457 S.E.2d 551 CITY OF ATLANTA et al. v. BLACK et al. S95Q0248.Supreme Court of Georgia. DECIDED MAY 30, 1995. HUNSTEIN, Justice. This case comes to us from the United States Court of Appeals for the Eleventh Circuit, wherein the City of Atlanta and certain officers of the City’s police department are challenging the district […]

260 S.E.2d 865 SMISSON GARDENS, INC. v. DOLES et al. 35252.Supreme Court of Georgia.SUBMITTED AUGUST 10, 1979. DECIDED OCTOBER 16, 1979. HILL, Justice. The appellant, Smisson Gardens, Inc., applied to the Peach County Planning Zoning Commission for a change in the zoning classification from R-1 (residential) Page 469 to C-1 (light commercial) of two parcels […]

637 S.E.2d 4 BARNES et al. v. CITY OF ATLANTA. No. S06G0162.Supreme Court of Georgia. DECIDED OCTOBER 16, 2006. RECONSIDERATION DENIED NOVEMBER 20, 2006. CARLEY, Justice. In 1999, a group of attorneys (named plaintiffs) who maintain offices and practice law in the City of Atlanta demanded, pursuant to OCGA § 48-5-380, a refund of occupation […]

491 S.E.2d 361 FRANKLIN et al. v. GILCHRIST, ADMRX. S97A1463.Supreme Court of Georgia. DECIDED OCTOBER 14, 1997 CARLEY, Justice. Mr. and Mrs. Booker T. Washington were married in 1961. Mrs. Washington’s first marriage had ended in divorce and she was awarded custody of her then-minor children, Napoleon and Hershey Franklin. The Franklins lived with their […]

537 S.E.2d 336 RICHARD LAMONT DRAKE v. THE STATE S00A0699Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000. BENHAM, Chief Justice. Appellant Richard Lamont Drake was convicted of malice murder in connection with the death of his five-week-old daughter.[1] He now brings this appeal in which he contends that the giving of portions of the trial […]

383 S.E.2d 885 WITTSCHEN v. THE STATE. 46655.Supreme Court of Georgia. DECIDED SEPTEMBER 29, 1989. GREGORY, Justice. Appellant William Henry Wittschen appeals his conviction in the Superior Court of Effingham County on two counts of criminal attempt to commit child molestation. The jury apparently found that Wittschen drove his van up to two girls, 12 […]

199 S.E.2d 315 ANDERSON v. CALDWELL. 27831.Supreme Court of Georgia. DECIDED MAY 10, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 33 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices […]

429 S.E.2d 914 VAN DYCK v. VAN DYCK. S93A0494.Supreme Court of Georgia. DECIDED JUNE 1, 1993. SEARS-COLLINS, Justice. We granted the application for discretionary appeal filed by the appellant, Ginger Van Dyck, to consider whether Item 3 (b) of the parties’ separation agreement is so ambiguous as to permit the introduction of parol evidence regarding […]

34 S.E.2d 163 WEAVER v. THE STATE. 15150.Supreme Court of Georgia. MAY 10, 1945. 1. A ground of a motion for new trial, in a conviction for murder, which insists that the court erred in not charging without request “the law of voluntary manslaughter, which movant insists was and is applicable to this case,” is […]

368 S.E.2d 518 COOPER v. SWOFFORD et al. 44994.Supreme Court of Georgia. DECIDED MARCH 17, 1988. RECONSIDERATION DENIED APRIL 6, 1988. MARSHALL, Chief Justice. We granted certiorari in Swofford v. Cooper, 184 Ga. App. 50 (360 S.E.2d 624) (1987), to consider generally the distinction, if any, between the immunity afforded to the public treasury (called […]

130 S.E.2d 711 JOHNSTON v. McENTYRE et al. 21974.Supreme Court of Georgia.SUBMITTED MARCH 11, 1963. DECIDED APRIL 4, 1963. The act sought to be enjoined having already been completed, the issue was moot, and for this reason alone denial of the temporary injunction was not erroneous. SUBMITTED MARCH 11, 1963 — DECIDED APRIL 4, 1963. […]

426 S.E.2d 374 BROOKS v. THE STATE. S92A1404.Supreme Court of Georgia. DECIDED FEBRUARY 26, 1993. RECONSIDERATION DENIED MARCH 18, 1993. HUNT, Presiding Justice. Kimberly Brooks was convicted of felony murder and cruelty to children. She appeals, arguing that the trial court erred in failing to charge on the offense of involuntary manslaughter. We agree and […]

22 S.E.2d 96 EIBEL v. FORRESTER, commissioner, et al. 14238.Supreme Court of Georgia. SEPTEMBER 15, 1942. Section 34 of the act approved January 3, 1938 (Ga. L. Ex. Sess. 1937-1938, pp. 77 et seq.), is not to be given a retroactive construction, and hence does not authorize a suit against the State for a refund […]

89 S.E.2d 166 JOHNSON v. JOHNSON et al. 19014.Supreme Court of Georgia.SUBMITTED JULY 12, 1955. DECIDED SEPTEMBER 12, 1955. The trial judge erred in awarding permanent custody of the minor child to the paternal grandmother. SUBMITTED JULY 12, 1955 — DECIDED SEPTEMBER 12, 1955. Habeas corpus. Before Judge Geer. Miller Superior Court. April 25, 1955. […]

158 S.E.2d 373 WILLIAMS v. THE STATE. 24329.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1967. DECIDED NOVEMBER 9, 1967. 1. On the prosecution of the defendant for rape, evidence tending to show that the defendant also committed robbery is admissible as a part of the res gestae of the commission of the crime of rape. 2. […]

476 S.E.2d 571 SORRELLS v. THE STATE. S96A1324.Supreme Court of Georgia. DECIDED OCTOBER 7, 1996 — RECONSIDERATION DENIED OCTOBER 31, 1996. CARLEY, Justice. After a jury trial, Dean Sorrells was found guilty of two counts of malice murder, two counts of concealing a death, and two counts of theft by taking a motor vehicle belonging […]

417 S.E.2d 319 IN THE MATTER OF LARRY W. THRELKELD. SUPREME COURT DISCIPLINARY NOS. 876, 877.Supreme Court of Georgia. DECIDED JUNE 25, 1992. PER CURIAM. In Disciplinary No. 876, the State Bar charged Larry W. Threlkeld with violating Standards 4 (prohibition against professional conduct involving dishonesty); 22 (obligation that lawyer not withdraw from employment before […]

271 S.E.2d 194 LEVENTHAL v. GREEN et al. 36196.Supreme Court of Georgia.ARGUED JUNE 2, 1980. DECIDED SEPTEMBER 9, 1980. HILL, Justice. Arthur J. Green and Gordon W. Irwin brought these actions as trustees of a pension and profit sharing trust to collect two promissory notes executed to the trust by Westwood Place, Ltd., a limited […]

238 S.E.2d 431 CHILIVIS v. NATIONAL DISTRIBUTING COMPANY, INC. 32258.Supreme Court of Georgia.ARGUED MAY 10, 1977. DECIDED SEPTEMBER 8, 1977. REHEARING DENIED SEPTEMBER 27, 1977. JORDAN, Justice. Nick P. Chilivis, State Revenue Commissioner, appeals from an order denying his motion to dismiss, or, in the alternative, for summary judgment. This court granted the application for […]

38 S.E.2d 603 WILLIAMS et al. v. THOMAS et al. 15483.Supreme Court of Georgia. JUNE 5, 1946. 1. The evidence relied upon to establish a resulting trust in favor of a husband who paid the purchase-money for property and had the deed made in the name of his wife was insufficient for this purpose, and […]

190 S.E.2d 897 OWENS v. GEORGIA POWER COMPANY. 26940.Supreme Court of Georgia.ARGUED APRIL 10, 1972. DECIDED JUNE 19, 1972. REHEARING DENIED JUNE 28, 1972. Since there were issues of fact, the trial court properly denied the motions for directed verdict and judgment notwithstanding the verdict. ARGUED APRIL 10, 1972 — DECIDED JUNE 19, 1972 — […]

160 S.E.2d 377 STANDRIDGE v. STANDRIDGE. 24354.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1967. DECIDED FEBRUARY 13, 1968. FRANKUM, Justice. 1. Robert W. Standridge filed a suit for divorce against his wife, Nona M. Standridge. He alleged that the separation between the plaintiff and the defendant resulted solely from cruel treatment of the petitioner by the […]

127 S.E.2d 296 DAVIS v. DAVIS. 21718.Supreme Court of Georgia.SUBMITTED JULY 9, 1962. DECIDED SEPTEMBER 6, 1962. Where, as in this case, the petition affirmatively discloses that it alleges no matter of which the court in which it is filed has jurisdiction, the petition should be stricken on general demurrer. Page 251 SUBMITTED JULY 9, […]

448 S.E.2d 357 BLACK v. THE STATE. S94A0778.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1994. RECONSIDERATION DENIED OCTOBER 17, 1994. FLETCHER, Justice. Robert Leonard Black seeks a new trial based on his claims of ineffective assistance of trial counsel and a defective indictment. Black was convicted of murder, aggravated assault on a police officer, and […]

623 S.E.2d 500 THE STATE v. DAVISON. S05A2031.Supreme Court of Georgia. DECIDED DECEMBER 1, 2005. CARLEY, Justice. After police officers discovered that James Edward Johnson had been robbed and stabbed to death in his home, they located Appellee Kathi Davison, who initially denied that that was her name. Since the officers already knew who she […]

690 S.E.2d 378 SPURLOCK v. DEPARTMENT OF HUMAN RESOURCES et al. S09A1475.Supreme Court of Georgia. DECIDED FEBRUARY 15, 2010. CARLEY, Presiding Justice. Scott Spurlock (Father) and Lois Spurlock (Mother) were divorced in 2005. Pursuant to the final divorce decree, Father was ordered to pay monthly child support of $1,063. Three years later, he initiated a […]

325 S.E.2d 159 CITY OF POWDER SPRINGS, GEORGIA et. al. v. WMM PROPERTIES, INC. 41406.Supreme Court of Georgia. DECIDED JANUARY 30, 1985. HILL, Chief Justice. This case raises interesting issues as to the law governing municipal contracts, particularly the power of one city council to bind subsequent Page 754 councils. OCGA § 36-30-3 (a).[1] In […]

150 S.E.2d 240 EVANS v. THE STATE. 23475.Supreme Court of Georgia.ARGUED MAY 10, 1966. DECIDED JULY 7, 1966. REHEARING DENIED JULY 21, 1966. 1. Appellant concedes that enumerated errors number 14, 15, 16, 17, 18, 19, 20, 21, and 24 are controlled adversely to him by the decision of this court in Williams v. State, […]

128 S.E.2d 47 HOLSOMBACK, Administrator v. CALDWELL, Administrator. 21750.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1962. DECIDED OCTOBER 1, 1962. REHEARING DENIED OCTOBER 10, 1962. Where considered on general demurrer, the allegations by a wife that, while living separately from her husband, she agreed to relinquish valid grounds for divorce and resume her marital relations with […]

50 S.E.2d 214 HAYGOOD v. DUNCAN, administrator, et al. 16371.Supreme Court of Georgia. OCTOBER 13, 1948. REHEARING DENIED NOVEMBER 18, 1948. CANDLER, Justice. The only question presented for decision by the writ of error is whether or not a contract for the sale of land sufficiently described the property which the maker intended to include […]

139 S.E.2d 381 WHITLEY et al. v. WHITLEY. WHITLEY CONSTRUCTION COMPANY et al. v. WHITLEY. 22686, 22688.Supreme Court of Georgia.ARGUED OCTOBER 13, 1964. DECIDED NOVEMBER 19, 1964. REHEARING DENIED DECEMBER 3, 1964. The petition, which showed that the petitioner had come into court with unclean hands, failed to allege facts authorizing cancellation of the contracts, […]

214 S.E.2d 663 JOHNSON v. RICKETTS. 29332.Supreme Court of Georgia. DECIDED JANUARY 28, 1975. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

49 S.E.2d 892 FLYNN et al. v. MERCK et al. 16357.Supreme Court of Georgia. OCTOBER 13, 1948. 1. In dispossessory proceedings under Chapter 61-3 of the Code the tenant is afforded an adequate remedy at law under § 61-303, and inability because of poverty to give the bond there required affords no ground for equitable […]

203 S.E.2d 163 JAMES et al. v. GAINEY et al. 28174.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1973. DECIDED JANUARY 7, 1974. INGRAM, Justice. This appeal involves a dispute between two factions of the Bloomfield Church of Christ in Macon, Georgia. Suit was filed in Bibb Superior Court by the appellants seeking to establish title to […]

26 S.E.2d 252 HENNON v. GRESHAM et al. 14550.Supreme Court of Georgia. JUNE 11, 1943. 1. In a petition which seeks specific performance of a parol contract to purchase land, where partial payment accompanied with possession is relied on as sufficient part performance to justify a decree under the Code, § 37-802, it is necessary […]

538 S.E.2d 55 ESPOSITO v. THE STATE. S00P0654.Supreme Court of Georgia. DECIDED: OCTOBER 30, 2000. FLETCHER, Presiding Justice. A jury convicted John Anthony Esposito of murdering Lola Davis and related crimes and fixed his sentence at death, after finding beyond a reasonable doubt the following statutory aggravating circumstances: that the murder was committed during the […]

269 S.E.2d 14 BODREY v. BODREY. 36224.Supreme Court of Georgia.ARGUED MAY 13, 1980. DECIDED JULY 1, 1980. JORDAN, Presiding Justice. Douglas MacArthur Bodrey, appellant, sued Janie Kay Bodrey, appellee, for divorce and custody of the couple’s minor child. The appellee counterclaimed for divorce, custody of the child, child Page 123 support, and alimony. The parties […]

631 S.E.2d 697 WALKER v. WALKER. S06F0577.Supreme Court of Georgia. DECIDED JUNE 26, 2006. THOMPSON, Justice. Appellant Larry M. Walker (“husband”) applied for a discretionary appeal from an order denying his motion for new trial and motion to set aside following the entry of a final judgment and decree of divorce. His application was granted […]

362 S.E.2d 369 CITY OF EAST POINT et al. v. ELAM. CITY OF EAST POINT et al. v. BOSTWICK. 44726, 44727.Supreme Court of Georgia. DECIDED DECEMBER 2, 1987. RECONSIDERATION DENIED DECEMBER 16, 1987. WELTNER, Justice. Two employees of the City of East Point, Bostwick and Elam, applied for retirement benefits pursuant to a city employees’ […]

700 S.E.2d 386 TURNER v. THE STATE. No. S10A1063.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 2010. CARLEY, Presiding Justice. After a jury trial, Appellant Michael James Turner was found guilty of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a crime. Treating the felony murder verdict as surplusage, […]

9 S.E.2d 152 BRANNON, alias HARDWALK, v. THE STATE. 13201.Supreme Court of Georgia. MAY 14, 1940. The court did not abuse its discretion in overruling the defendant’s extraordinary motion for new trial. No. 13201. MAY 14, 1940. Murder. Before Judge Porter. Floyd superior court. November 18, 1939. W. T. Maddox and M. G. Hicks, for […]

200 S.E.2d 753 WILLIAMS et al. v. BULLOCK. 28100.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1973. DECIDED OCTOBER 4, 1973. Where the language of a will creates a life estate, but clearly and unmistakably gives the life tenant an absolute power of disposal, the life tenant may convey the property devised by deed of sale or […]

463 S.E.2d 11 RUFFIN v. THE STATE. S95A1773.Supreme Court of Georgia. DECIDED OCTOBER 30, 1995. BENHAM, Chief Justice. Appellant Ladji Ruffin was convicted of the malice murder of his mother.[1] On appeal, he asserts that the evidence presented at trial was insufficient to authorize his conviction, and that the trial court erred when it denied […]

277 S.E.2d 52 MARABLE v. THE STATE. 37305.Supreme Court of Georgia. DECIDED APRIL 21, 1981. JORDAN, Chief Justice. The defendant was tried and convicted of murder and sentenced to life imprisonment. His motion for new trial on the general grounds was overruled and he appeals to this court. The facts reveal that the defendant and […]

112 S.E.2d 588 PHOENIX ASSURANCE COMPANY v. GLENS FALLS INSURANCE COMPANY et al. 20730.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1960. DECIDED JANUARY 12, 1960. MOBLEY, Justice. In this declaratory-judgment proceeding, the trial court sustained the defendants’ general demurrer and dismissed the petition. The plaintiff in error filed its bill of exceptions in this court on […]

91 S.E.2d 350 HOLLOWAY v. DE VANE, Sheriff, et al. 19219.Supreme Court of Georgia.ARGUED JANUARY 10, 1956. DECIDED FEBRUARY 13, 1956. CANDLER, Justice. In this litigation the plaintiff prayed for cancellation of a tax execution and for injunction to prevent a sale of his property, which had been levied on for the purpose of satisfying […]

697 S.E.2d 824 CITY OF HOSCHTON et al. v. HORIZON COMMUNITIES et al. No. S10A1107.Supreme Court of Georgia. DECIDED JULY 12, 2010. THOMPSON, Justice. This appeal arises out of a dispute between appellants (City of Hoschton, Georgia, and its mayor, Bill Copenhaver) and appellees (Horizon Communities, LLC, Gary Olsson Properties, LLC, and their principals, Kenneth […]

40 S.E.2d 144 ALLEN, alias PIE, v. THE STATE. 15606.Supreme Court of Georgia. OCTOBER 10, 1946. 1. There being evidence to show that the accused committed the crime of rape as charged in the indictment by using a knife to intimidate and force his victim to submit, proof that the defendant, within a period of […]

148 S.E.2d 305 MANOR v. THE STATE. 23373.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1966. DECIDED MARCH 14, 1966. 1. The defendant was denied a commitment hearing, a valuable right given him by law, as his purported waiver of the hearing was not free and voluntary but the result of duress, consisting of cruel and inhumane […]

12 S.E.2d 873 DAVID et al. v. BOWEN. 13491.Supreme Court of Georgia. JANUARY 15, 1941. A covenant in a deed to land, that the grantee “will not erect or suffer or license to be erected on lot above described any commercial or manufacturing establishment or factory or apartment-house of any kind at any time, or […]

530 S.E.2d 721 WALLACE v. THE STATE. S00A0104.Supreme Court of Georgia. DECIDED: May 30, 2000. SEARS, Justice. Appellant Jack Ray Wallace appeals his conviction for murder,[1] alleging, among other things, that the trial court erred in permitting witnesses to comment on his exercise of the Fifth Amendment right to remain silent. We find, however, that […]

492 S.E.2d 872 HORTON v. HORTON S97A1910.Supreme Court of Georgia. DECIDED NOVEMBER 17, 1997 — RECONSIDERATION DENIED DECEMBER 19, 1997. CARLEY, Justice. Ms. Carolyn Horton was diagnosed with terminal cancer and died two months later on September 21, 1994. Her survivors were her sons, Richard I. Horton, Jr. (Propounder) and Robert G. Horton (Caveator). Ms. […]

444 S.E.2d 789 KIDWELL v. THE STATE. SHIELDS v. THE STATE. S94A0545, S94A0549.Supreme Court of Georgia. DECIDED JULY 5, 1994. RECONSIDERATION DENIED JULY 21, 1994. THOMPSON, Justice. Via a two-count indictment, Joyce Kidwell, Jeffrey Shields, Lori Shields, William Webster Shields, and Robert Dogenbaugh, were charged with the murder, and conspiracy to commit the murder, of […]

12 S.E.2d 323 BURGESS et al. v. SIMMONS et al.; et vice versa. 13371, 13379.Supreme Court of Georgia. DECEMBER 4, 1940. On an application to register title under the land-registration act (Code, §§ 60-101 et seq.), where it appeared that the examiner as an attorney had conducted a sale of the land by foreclosure, he […]

561 S.E.2d 109 PYE v. THE STATE. S01A1773.Supreme Court of Georgia. DECIDED: MARCH 11, 2002. BENHAM, Justice. This appeal is from Darwin Leroy Pye’s conviction for felony murder arising from the death of Carlton Matthews.[1] The evidence at trial showed that Pye’s co-defendant Joshua Boston quarreled with Matthews at a party and they continued it […]

518 S.E.2d 672 BRYAN v. THE STATE. S99A0649.Supreme Court of Georgia. DECIDED: JUNE 14, 1999. FLETCHER, Presiding Justice. Sheila Bryan was convicted of malice murder and arson in connection with the death of her mother, Freda Weeks, in a burning car.[1] Page 232 Prior to trial, Bryan filed a motion in limine to exclude any […]

99 S.E.2d 81 DUPREE v. THE STATE. 19661.Supreme Court of Georgia.ARGUED APRIL 8, 1957. DECIDED MAY 16, 1957. REHEARING DENIED JUNE 12, 1957. 1. The evidence not disclosing a mutual intent to fight, it was not error to refuse the defendant’s request to instruct the jury on the law of mutual combat as related to […]

216 S.E.2d 297 PHILLIPS v. GLADNEY. 29850.Supreme Court of Georgia.ARGUED APRIL 14, 1975. DECIDED MAY 13, 1975. JORDAN, Justice. Gale C. Gladney, as guardian of her two minor sons, John B. Phillips, Jr., and Kenneth Ray Phillips, brought an equitable complaint for injunction and other relief Page 400 against William Lamar Phillips, as administrator of […]

630 S.E.2d 404 J. SMITH LANIER COMPANY v. SOUTHEASTERN FORGE, INC. et al. S05G1336.Supreme Court of Georgia. DECIDED MAY 17, 2006. THOMPSON, Justice. We granted a petition for writ of certiorari to the Court of Appeals in J. Smith Lanier Co. v. Acceptance Indem. Ins. Co., 272 Ga. App. 789 (612 SE2d 843) (2005), asking […]

206 S.E.2d 3 VILLAGE CREATIONS, LTD. v. CRAWFORDVILLE ENTERPRISES, INC. et al. SOUTHERN CHRISTIAN LEADERSHIP FOUNDATION v. VILLAGE CREATIONS, LTD. et al. 28610, 28677.Supreme Court of Georgia.SUBMITTED FEBRUARY 11, 1974. DECIDED APRIL 4, 1974. REHEARING DENIED APRIL 23, 1974. NICHOLS, Presiding Justice. Crawfordville Enterprises, Inc. gave a deed to secure debt to the Farmers Bank […]

31 S.E.2d 811 FIRST NATIONAL BANK OF BIRMINGHAM, trustee, v. CARMICHAEL et. al. 14936.Supreme Court of Georgia. OCTOBER 6, 1944. The evidence authorized the verdict, and no error appears in the exceptions, which are dealt with the opinion, relating to instructions to the jury, nor in the rulings relating to the admission of evidence. No. […]

249 S.E.2d 559 REID v. GWINNETT COUNTY. 33491.Supreme Court of Georgia.ARGUED MAY 8, 1978. DECIDED SEPTEMBER 7, 1978. HILL, Justice. On September 8, 1977, plaintiff-appellant Reid gave written notice to the chairman of the Gwinnett County Commission that the county had caused or permitted the collection and diversion of surface water from Peachtree Industrial Boulevard […]

527 S.E.2d 200 ADAMS v. THE STATE. S99A1714.Supreme Court of Georgia. DECIDED: FEBRUARY 28, 2000 THOMPSON, Justice. Phillip Adams was convicted of malice murder and armed robbery in connection with the death of Curtis Cleghorn. This appeal followed the denial of Adams’ motion for new trial.[1] Cleghorn raised Adams as a son from the time […]

62 S.E.2d 171 CARTER v. CARTER. 17288.Supreme Court of Georgia. NOVEMBER 14, 1950. Estoppel as a defense is not available unless there is a plea of estoppel. No. 17288. NOVEMBER 14, 1950. Complaint for land. Before Judge Mallory C. Atkinson. Bibb Superior Court. August 3, 1950. Guy C. Carter filed suit against Minnie F. Carter, […]

458 S.E.2d 102 DILLARD v. DILLARD. S95A0733.Supreme Court of Georgia. DECIDED JUNE 5, 1995. RECONSIDERATION DENIED JUNE 23, 1995. SEARS, Justice. The parties divorced in 1991. The divorce decree obligates the husband to make a specific number of alimony payments in specific amounts, and terminates the husband’s alimony obligation upon the wife’s remarriage. The husband […]

88 S.E.2d 402 ARRINGTON v. THOMPSON et al. THOMPSON v. ARRINGTON. 18974, 18989.Supreme Court of Georgia.ARGUED JUNE 13, 1955. DECIDED JULY 13, 1955. The evidence was sufficient to support the verdict for the defendants, and, as fully set forth in the opinion, the trial court did not err in denying the plaintiff’s amended motion for […]