Category: Georgia Supreme Court Opinions

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 […]

271 S.E.2d 475 CARTER v. THE STATE. 36496.Supreme Court of Georgia.SUBMITTED JULY 18, 1980. DECIDED SEPTEMBER 10, 1980. REHEARING DENIED SEPTEMBER 16, 1980. NICHOLS, Justice. This is an appeal from the overruling of appellant’s extraordinary motion for new trial. The appellant and his former wife, Pearl Bell, were indicted for murder for poisoning her stepfather. […]

135 S.E.2d 407 DUTTON et al. v. HUGHES et al. 22303.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1964. DECIDED FEBRUARY 6, 1964. The court, in decreeing title to a tract of land to be vested in the two great grandchildren of the testator, properly construed Item 7 of the testator’s will. SUBMITTED JANUARY 13, 1964 — […]

357 S.E.2d 80 HUGHES v. THE STATE. JACKSON v. THE STATE. 44282, 44303.Supreme Court of Georgia. DECIDED JUNE 24, 1987. HUNT, Justice. Arthur Lee Jackson and Robert Lee Hughes were convicted for the 1979 felony-murder of Eddie Lee Allen, co-owner of Lee and Eddie’s Barbecue restaurants in Macon. Both were sentenced to life in prison. […]

410 S.E.2d 99 IN THE MATTER OF SHARMAN M. MEADE-MURPHY. SUPREME COURT DISCIPLINARY NOS. 676, 680.Supreme Court of Georgia. DECIDED NOVEMBER 14, 1991. PER CURIAM. The State Bar of Georgia filed two formal complaints against Respondent Sharman M. Meade-Murphy, an attorney licensed to practice law in the State of Georgia. In Supreme Court Docket No. […]

56 S.E.2d 462 JONES et al. v. SMITH et al. 16858.Supreme Court of Georgia. NOVEMBER 15, 1949. HAWKINS, Justice. The plaintiffs, as heirs at law of J. U. Tippins Sr., deceased, sought the cancellation of an option made by the decedent in his lifetime to his son, J. U. Tippins Jr., who transferred or assigned […]

205 S.E.2d 266 BOLTON v. BARBER. 28735.Supreme Court of Georgia.SUBMITTED MARCH 18, 1974. DECIDED APRIL 4, 1974. GUNTER, Justice. This is an interlocutory appeal authorized by the trial judge’s certificate in which the appellant complains of a judgment denying the appellant’s motion to dismiss the appellee’s complaint for failure to state a claim. It is […]

230 S.E.2d 874 TILLER v. THE STATE. 31637.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1976. DECIDED DECEMBER 1, 1976. UNDERCOFLER, Presiding Justice. Defendant Tiller knocked on his victim’s door one morning and asked if he could use her telephone because his car was broken down. As she did not see a car nearby, she refused. He […]

194 S.E.2d 414 MITCHELL v. SMITH. 27277.Supreme Court of Georgia.SUBMITTED JUNE 13, 1972. DECIDED NOVEMBER 20, 1972. REHEARING DENIED DECEMBER 4, 1972. The judgment of the habeas corpus court upholding the conviction of the appellant is affirmed. Direction is given that the habeas corpus court vacate the death sentence Page 782 and remand the case […]

322 S.E.2d 278 McMILLAN v. THE STATE. 40869.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1984. CLARKE, Justice. Tony McMillan was indicted in Jenkins County along with James McMillan, Kevin McMillan and Sharon McMillan Bassett for the murder of Curtis Bassett, Sharon’s husband. He was tried separately before a jury, convicted of malice murder and sentenced […]

218 S.E.2d 827 COMPTON v. THE STATE. 30120.Supreme Court of Georgia.SUBMITTED JULY 8, 1975. DECIDED SEPTEMBER 11, 1975. GUNTER, Justice. This is an appeal from two convictions for armed robbery and two sentences of twelve years to run concurrently. Appellant has enumerated five errors, and all of them are without merit. The first complains of […]

335 S.E.2d 857 WRIGHT v. THE STATE. 42024.Supreme Court of Georgia. DECIDED OCTOBER 30, 1985. HILL, Chief Justice. This is a death penalty case.[1] On October 14, 1983, Carolyn Richards and a number of other people were at her apartment in Atlanta. Richards sold liquor and beer at her apartment, and different people came and […]

253 S.E.2d 166 ANDERSON v. THE STATE. 34695.Supreme Court of Georgia.SUBMITTED FEBRUARY 6, 1979. DECIDED FEBRUARY 6, 1979. REHEARING DENIED FEBRUARY 27, 1979. PER CURIAM. Anderson was ordered extradited to Florida on a governor’s warrant. He filed a petition for writ of habeas corpus complaining that he was not in Florida on the date of […]

334 S.E.2d 179 GOODMAN v. GOODMAN. 42070.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 1985. HILL, Chief Justice. The issue raised in this appeal is as follows: In a divorce suit instituted after the entry of a separate maintenance judgment, may a spouse seek equitable division of property held by the other spouse Page 704 under […]

353 S.E.2d 340 ROBERT F. BULLOCK, INC. v. THORPE et al. 43800.Supreme Court of Georgia. DECIDED MARCH 4, 1987. CLARKE, Presiding Justice. We granted certiorari in this case to review the question of Page 745 whether a manufacturer can be liable under OCGA § 51-1-11 when a new product is placed in the hands of […]

209 S.E.2d 630 BATTLE v. THE STATE. 29224.Supreme Court of Georgia.SUBMITTED SEPTEMBER 20, 1974. DECIDED OCTOBER 17, 1974. UNDERCOFLER, Justice. Appellant was convicted of the murder of his wife and sentenced to life imprisonment. Appellant’s counsel states in his brief, “The only error raised in this appeal is whether the court should have charged on […]

256 S.E.2d 470 BOSWELL v. THE STATE. 34853.Supreme Court of Georgia.SUBMITTED MAY 15, 1979. DECIDED MAY 31, 1979. HALL, Justice. This is an out-of-time appeal from a 1973 murder conviction and life sentence. Boswell contends that the following charges given at his trial were burden-shifting under Mullaney v. Wilbur, 421 U.S. 684 (1975) and State […]

492 S.E.2d 204 MITCHELL v. THE STATE. S97G1083.Supreme Court of Georgia. DECIDED NOVEMBER 3, 1997. THOMPSON, Justice. We granted certiorari in Mitchell v. State, 225 Ga. App. 520 (484 S.E.2d 271) (1997), to determine whether, under the facts of this case, the Court of Appeals erred by ruling that the evidence was sufficient to sustain […]

234 S.E.2d 1 EVANS v. RICKETTS. 31723.Supreme Court of Georgia. DECIDED JANUARY 28, 1977. 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 […]

5 S.E.2d 237 WATSON v. WATSON, executor, et al.; et vice versa. 13048, 13049.Supreme Court of Georgia. OCTOBER 10, 1939. DUCKWORTH, Justice. There were no allegations in the petition entitling the plaintiff to general relief, and the law makes no provision for a judgment of the superior court to confirm an executor’s sale as described […]

396 S.E.2d 486 NEW v. THE STATE. S90A0916.Supreme Court of Georgia. DECIDED OCTOBER 4, 1990. SMITH, Presiding Justice. The appellant, Timothy Alan New, shot and killed his wife with a handgun. The appellant was convicted of murder and one count of possession of a firearm by a convicted felon. He received a sentence of life […]

14 S.E.2d 736 SHOUP v. ELLIOTT; et vice versa. 13605.Supreme Court of Georgia. MAY 17, 1941. ATKINSON, Presiding Justice. 1. It was ruled in Oliver-McDonald Co. v. Swift Co., 157 Ga. 102 (120 S.E. 543), as follows: “Where a party to a case in the trial court, after the motion for new trial was overruled, […]

548 S.E.2d 307 PACE v. THE STATE. S01A0348.Supreme Court of Georgia. DECIDED: JUNE 11, 2001. SEARS, Justice. The appellant, Vance Pace, appeals from his conviction of the malice murder of Arnold Harris and of the aggravated assault of Marva Ammons.[1] On appeal, Pace contends, among other things, that the trial court erred in charging the […]

116 S.E.2d 556 TRI-STATE BROADCASTING COMPANY, INC., et al. v. PESTERFIELD. 21033.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1960. DECIDED OCTOBER 11, 1960. 1, 2. The trial court did not err in appointing a temporary receiver to take charge of all moneys and property of the defendant Page 382 corporation, and in directing the receiver to […]

241 S.E.2d 220 SEAY v. HUBBARD. 32983.Supreme Court of Georgia.SUBMITTED NOVEMBER 11, 1977. DECIDED JANUARY 4, 1978. HILL, Justice. The habeas corpus court ordered that the prisoner be granted new trials. The state appeals. The prisoner was sentenced on January 17, 1975, to serve consecutive terms totaling 24 years after being found guilty on three […]

570 S.E.2d 301 COHEN v. THE STATE. S02A1181.Supreme Court of Georgia. Decided September 30, 2002 HINES, Justice. Jeremine Jerome Cohen appeals his convictions of two counts of malice murder and two counts of possession of a firearm during the commission of the murders, in connection with the fatal shootings of convenience store employees, Chadrakant Patel […]

22 S.E.2d 798 ATKINSON v. ENGLAND et al. 14151.Supreme Court of Georgia. NOVEMBER 12, 1942. Under the evidence the judge did not err in granting interlocutory injunction. No. 14151. NOVEMBER 12, 1942. Injunction. Before Judge A. L. Etheridge. Fulton superior court. February 9, 1942. J. C. England and other owners of lots in a subdivision […]

453 S.E.2d 20 THOMPSON v. BEARDEN. S94A1851.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1995. THOMPSON, Justice. J. P. and Pearl Moore conveyed certain real property to Dan and Mary Bearden via warranty deed. The total purchase price of the property was $5,500. The Beardens made a down payment of $2,500 and agreed to pay the […]

141 S.E.2d 899 WEBB v. SMITH et al. 22896.Supreme Court of Georgia.ARGUED MARCH 9, 1965. DECIDED APRIL 8, 1965. It being the intention of Webb and Pope that the will executed by them was to be a mutual or reciprocal will, the subsequent marriage of Webb revoked the will as to both parties and the […]

619 S.E.2d 616 HAMPTON v. THE STATE. S05A1168.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 2005. HINES, Justice. Kevin Todd Hampton was convicted of two counts of malice murder, one count of armed robbery, one count of possession of a silencer, and two counts of possession of a firearm during the commission of a felony in […]

177 S.E.2d 73 TRULL v. SMITH, Warden. 25920.Supreme Court of Georgia.SUBMITTED JULY 13, 1970. DECIDED SEPTEMBER 10, 1970. FELTON, Justice. 1. In this habeas corpus proceeding the trial court did not err, as complained in enumerated error 1, in sustaining appellee’s motion to strike those portions of the petition which alleged that Negroes had been […]

279 S.E.2d 213 CROSBY v. CROSBY. 37592.Supreme Court of Georgia. DECIDED JULY 8, 1981. MARSHALL, Justice. This is an appeal from an order of the superior court dismissing that portion of the appellant former husband’s petition seeking modification of the alimony and child-support provisions of the parties’ divorce decree. The appellee former wife moves to […]

190 S.E.2d 39 M. M. G. DEVELOPMENT COMPANY et al. v. HOUSTON et al. 27155.Supreme Court of Georgia.ARGUED APRIL 12, 1972. DECIDED MAY 3, 1972. REHEARING DENIED MAY 18, 1972. NICHOLS, Justice. Under the decisions in Reeves v. Comfort, 172 Ga. 331 (157 S.E. 629); Dooley v. Savannah Bank Trust Co., 199 Ga. 353 (34 […]

102 S.E.2d 176 TANNER v. THE STATE. 19951.Supreme Court of Georgia.ARGUED JANUARY 14, 1958. DECIDED FEBRUARY 10, 1958. For the reasons given in division 3 of the opinion, it was error to deny the defendant’s motion for new trial. ARGUED JANUARY 14, 1958 — DECIDED FEBRUARY 10, 1958. Murder. Before Judge Kennedy. Burke Superior Court. […]

324 S.E.2d 450 KARIUKI v. DeKALB COUNTY. 41496.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. REHEARING DENIED JANUARY 23, 1985. HILL, Chief Justice. Defendant-appellant was found guilty in the Recorder’s Court of DeKalb County of violating the DeKalb County alcoholic beverage ordinance, No. 7-2064, after his constitutional challenges to that ordinance were overruled. He has […]

226 S.E.2d 591 SCHWARTZ v. SCHWARTZ. 31088.Supreme Court of Georgia.ARGUED MAY 10, 1976. DECIDED JUNE 8, 1976. UNDERCOFLER, Presiding Justice. This appeal is from the refusal of the trial court to restore the maiden name of the wife on prayer therefor in a divorce proceeding. Code § 30-121 provides: “In all divorce cases the wife […]

209 S.E.2d 610 IRVIN v. JENKINS et al. 29123.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1974. DECIDED OCTOBER 8, 1974. NICHOLS, Presiding Justice. John T. Irvin filed a complaint in Gwinnett County Superior Court in which he sought equitable relief against his immediate supervisor in the Georgia State Department of Human Resources, the director of the […]

541 S.E.2d 32 ROBINSON v. PEACHTREE TOWERS CONDOMINIUM ASSOCIATION, INC. S00A0160.Supreme Court of Georgia. DECIDED: FEBRUARY 14, 2000 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. Equity. Fulton County Superior Court. Before Hon. Wendy Lee Shoob. Melvin Robinson, Jr., for appellant. Randall M. Lipshutz, LIPSHUTZ, GREENBLATT KING, for appellee.

320 S.E.2d 530 LONG et al. v. ATLANTA WEST POINT RAILROAD COMPANY et al. 40878.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1984. HILL, Chief Justice. The first issue in this case is not unlike that raised in an 1899 case involving this same railroad. There it was asked: “Were the provisions of the general railroad […]

556 S.E.2d 127 HUBBY v. HUBBY. S01A1411.Supreme Court of Georgia. DECIDED: NOVEMBER 30, 2001. CARLEY, Justice. Linda Hubby (Wife) filed for divorce from Frank Hubby (Husband), and sought an equitable division of property. Husband moved for partial summary judgment, asserting that the marital home was his separate property because he made the down payment on […]

596 S.E.2d 617 IN THE MATTER OF STEVEN H. KOVAL (three cases). S04Y0830, S04Y0831, S04Y0832.Supreme Court of Georgia. DECIDED MAY 24, 2004. PER CURIAM. These disciplinary matters are before the Court pursuant to the Report and Recommendation of the Review Panel of the State Disciplinary Board which adopted the findings of fact and conclusions of […]

499 S.E.2d 636 MOORE v. RAY. S98A0345.Supreme Court of Georgia. DECIDED MAY 18, 1998. BENHAM, Chief Justice. This appeal concerns statutory restrictions on parole eligibility. In 1990, appellant Frank Moore was sentenced as a recidivist under OCGA § 17-10-7 (c)[1] to two consecutive terms of ten years of probation. That probation was revoked in 1992, […]

436 S.E.2d 642 HARDAWAY COMPANY v. AMWEST SURETY INSURANCE COMPANY. S93Q1083.Supreme Court of Georgia. DECIDED NOVEMBER 11, 1993. RECONSIDERATION DENIED DECEMBER 20, 1993. BENHAM, Justice. This case is before us on a certified question from the United States Court of Appeals for the Eleventh Circuit. The facts and procedural history of the case, as established […]

311 S.E.2d 818 HAMILTON v. POWELL, GOLDSTEIN, FRAZER MURPHY et al. 40220.Supreme Court of Georgia. DECIDED FEBRUARY 2, 1984. REHEARING DENIED FEBRUARY 21, 1984. WELTNER, Justice. We granted certiorari to determine whether or not general damages for mental distress may be recovered in a legal malpractice Page 150 action in the absence of physical injury. […]

63 S.E.2d 359 HOLMES v. WALKER. 17320.Supreme Court of Georgia. FEBRUARY 14, 1951. DUCKWORTH, Chief Justice. 1. It is well settled in Georgia that equity will grant no relief in favor of one who buys land when he fails to exercise any diligence for his protection and asserts that he blindly Page 583 relied on […]

221 S.E.2d 416 BARROW v. THE STATE. 30322.Supreme Court of Georgia.ARGUED OCTOBER 6, 1975. DECIDED DECEMBER 2, 1975. PER CURIAM. This case is before this court on appeal and for mandatory review of the death sentence imposed. The appellant, Keithen Barrow, and Casterdale Jones were indicted in Oglethorpe County, Georgia, for the robbery and murder […]

240 S.E.2d 867 SHELNUT v. SHELNUT. 32948.Supreme Court of Georgia.SUBMITTED NOVEMBER 16, 1977. DECIDED DECEMBER 5, 1977. PER CURIAM. There was evidence from which the jury was authorized to find that the plaintiff, formerly the defendant’s wife, was entitled to a one-half interest in the residence and that the defendant had conveyed that interest fraudulently. […]

53 S.E.2d 913 SMITH et al. v. SMITH, administratrix, et al. 16652.Supreme Court of Georgia. JUNE 15, 1949. 1. The jury was fully authorized to find from the evidence that the plaintiffs had not proven the allegations of the petition. Accordingly, it can not be held by this court that a verdict for the defendants […]

17 S.E.2d 703 ORIENT INSURANCE COMPANY v. DUNLAP et al., executors. 13896.Supreme Court of Georgia. OCTOBER 25, 1941. REHEARING DENIED NOVEMBER 20, DECEMBER 2, 1941. 1. While in a proper case equity may reform a written contract which, because of mutual mistake, does not express what the parties intended, it can do so only to […]

67 S.E.2d 111 KINGSLEY MILL CORPORATION et al. v. EDMONDS. 17583.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1951. DECIDED OCTOBER 3, 1951. ATKINSON, Presiding Justice. 1. The trial court is vested with a wide discretion in the grant or refusal of interlocutory injunctions, which will not be controlled by this court unless abused. Code, § 55-108; […]

68 S.E.2d 903 FARLOW v. BROWN. 17629.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1951. DECIDED JANUARY 14, 1952. REHEARING DENIED JANUARY 29, 1952. 1. There being no complaint in the motion for new trial or bill of exceptions that the court erred in directing a verdict because under the pleadings and evidence there were issues of […]

152 S.E.2d 384 LOGAN et al. v. PHILLIPS, Executrix, et al. 23683.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1966. DECIDED NOVEMBER 17, 1966. Since there was a genuine issue as to a material fact, whether the alleged agreement was unfair, unjust or against good conscience, the motion for summary judgment was properly denied. SUBMITTED SEPTEMBER 13, […]

536 S.E.2d 153 DeLOACH v. THE STATE. S00A1618.Supreme Court of Georgia. DECIDED: OCTOBER 10, 2000. CARLEY, Justice. A jury found Lacy DeLoach guilty of malice murder and possession of a firearm during the commission of that crime. The trial court entered judgments of conviction on the jury’s guilty verdicts, and sentenced DeLoach to life imprisonment […]

38 S.E.2d 836 HARDIN et al. v. SNOW. 15512.Supreme Court of Georgia. JULY 3, 1946. DUCKWORTH, Justice. 1. “Whenever a private way has been in constant and uninterrupted use for seven years or more, and no legal steps have been taken to abolish the same, it shall not be lawful for anyone to interfere with […]

295 S.E.2d 529 IN THE MATTER OF DAVIS. SUPREME COURT DISCIPLINARY NO. 267.Supreme Court of Georgia. DECIDED OCTOBER 6, 1982. PER CURIAM. Davis was convicted of the offense of theft by conversion on June 20, 1978, and sentenced to a term of imprisonment and probation by the Superior Court of Richmond County. His sentence was […]

317 S.E.2d 833 ODOM v. INTERNATIONAL INDEMNITY COMPANY. 41049.Supreme Court of Georgia. DECIDED JULY 6, 1984. REHEARING DENIED JULY 30, 1984. CLARKE, Justice. This case is here on certiorari and involves use of OCGA §33-34-5 (c) by insurers to correct any defects in automobile insurance applications for policies issued after March 1, 1975. Odom’s policy […]

452 S.E.2d 745 DELAMARIA v. THE STATE. THOMPSON v. THE STATE. S94A1463, S94A1464.Supreme Court of Georgia. DECIDED JANUARY 17, 1995. RECONSIDERATIONS DENIED FEBRUARY 21 AND FEBRUARY 23, 1995. SEARS, Justice. Alejandra Delamaria and Robert Donald Thompson were tried together and were each convicted of two counts of murder in connection with the shooting deaths of […]

43 S.E.2d 687 IRWIN et al. v. GRIFFIN. 15812.Supreme Court of Georgia. MAY 23, 1947. REHEARING DENIED JUNE 12, JULY 11, 1947. “The defense which must be set forth by one applying to have removed an attachment issued under the provisions of § 5088 (Code 1933, § 8-401) of the Civil Code is one showing […]

421 S.E.2d 67 GEORGE v. THE STATE. S92A1031.Supreme Court of Georgia. DECIDED OCTOBER 2, 1992. HUNT, Justice. Willie Joe George shot and killed Marvin James Barnes with a handgun. He was convicted of malice murder and sentenced to life imprisonment.[1] We consider three issues on appeal: the sufficiency of the evidence, the denial of George’s […]

363 S.E.2d 539 HEAVY MACHINES COMPANY, INC. v. CITY OF ROSWELL et al. 44909.Supreme Court of Georgia. DECIDED JANUARY 13, 1988. RECONSIDERATION DENIED FEBRUARY 4, 1988. WELTNER, Justice. In 1985, Heavy Machines Company applied to the City of Roswell to rezone a tract of land to a commercial classification. The city council denied the application […]

283 S.E.2d 452 COBB COUNTY BOARD OF TAX ASSESSORS et al. v. SIBLEY et al. 37777.Supreme Court of Georgia. DECIDED OCTOBER 27, 1981. JORDAN, Chief Justice. These are proceedings to enforce this court’s judgment i Cobb County Bd. of Tax Assessors v. Sibley, 244 Ga. 404 (260 S.E.2d 313) (1979), in which we affirmed the […]

63 S.E.2d 663 McAIN v. SMITH et al. 17340.Supreme Court of Georgia.FEBRUARY 13, 1951. REHEARING DENIED MARCH 14, 1951. HAWKINS, Justice. In this habeas corpus proceeding, brought by the father against the mother for the custody and control of their two minor children, 13 and 8 years of age respectively, it appears that the mother […]

15 S.E.2d 497 THOMAS v. HARRELSON, executrix, et al. 13721.Supreme Court of Georgia. JUNE 16, 1941. 1. Refusal of a continuance of the trial was no abuse of discretion. 2. Refusal of injunction to prevent eviction under writ of possession was not erroneous. No. 13721. JUNE 16, 1941. Petition for injunction. Before Judge Graham. Telfair […]

221 S.E.2d 811 FILSOOF v. WEST. 30327.Supreme Court of Georgia.SUBMITTED OCTOBER 6, 1975. DECIDED JANUARY 7, 1976. HILL, Justice. This case arises from a suit for ejectment. The appeal is from an order of the trial court denying plaintiff Filsoof’s motion for summary judgment upon his complaint in ejectment, denying plaintiff’s motion to dismiss defendant’s […]

17 S.E.2d 745 KYLE et al. v. HUIET, commissioner of labor, et al. 13938.Supreme Court of Georgia. NOVEMBER 13, 1941. DUCKWORTH, Justice. “A paper purporting to be a bill of exceptions, properly certified by the trial judge, but not signed by the plaintiff in error or his counsel, is not a legal bill of exceptions, […]

309 S.E.2d 804 DOVER v. PRITCHETT. 40331.Supreme Court of Georgia. DECIDED JANUARY 4, 1984. HILL, Chief Justice. This litigation involves title to property off Cochran Mill Road (now Long Station Road) in Aragon, Georgia. The trial court granted summary judgment to plaintiff, Mildred A. Pritchett, on her suit to enjoin trespass by defendant, Ralph W. […]

100 S.E.2d 288 WRIGHT et al. v. FIRST NATIONAL BANK OF BRUNSWICK, Trustee, et al. 19754.Supreme Court of Georgia.ARGUED JULY 8, 1957. DECIDED SEPTEMBER 6, 1957. REHEARING DENIED OCTOBER 11, 1957. HAWKINS, Justice. This case is controlled by Rockefeller v. First National Bank of Brunswick, ante. The trial court did not err in overruling the […]

297 S.E.2d 246 DAILY v. DOMBROSKI. 39129.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1982. WELTNER, Justice. The Uniform Child Custody Jurisdiction Act (Ga. Code Ch. 74-5) does not destroy the jurisdiction of a Georgia court to hear contempt proceedings filed by a Georgia-resident, non-custodial mother against an Ohio-resident, custodial father for his breach of the […]

225 S.E.2d 308 AMERICAN INSTITUTE OF INDUSTRIAL ENGINEERS v. CHILIVIS et al. 30972.Supreme Court of Georgia.ARGUED APRIL 19, 1976. DECIDED MAY 5, 1976. UNDERCOFLER, Presiding Justice. The question here is whether the real and personal property of appellant’s national headquarters located in Gwinnett County is exempt from ad valorem taxation under Code Ann. § 2-5404 […]

560 S.E.2d 3 DELBELLO v. BILYEU. S01A1733.Supreme Court of Georgia. DECIDED: FEBRUARY 11, 2002 THOMPSON, Justice. This case is on appeal from a ruling on a petition for declaratory judgment brought in the Probate Court of Fulton County, seeking a construction of certain provisions of the last will and testament of Robert A. Delbello. For […]

405 S.E.2d 34 IN THE MATTER OF MITCHELL A. GROSS. SUPREME COURT DISCIPLINARY NOS. 671, 695, 782Supreme Court of Georgia. DECIDED JUNE 20, 1991. RECONSIDERATION DENIED JULY 9, 1991. PER CURIAM. In each of these three cases, the special master recommended disbarment and the review panel adopted the special master’s findings of fact and conclusions […]

49 S.E.2d 824 COOPER v. MIMS et al. 16286.Supreme Court of Georgia. SEPTEMBER 7, 1948. REHEARING DENIED OCTOBER 13, 1948. JENKINS, Chief Justice. 1. When this case was previously before us (Mims v. Cooper, 203 Ga. 421, 46 S.E.2d 909), it was held that the original petition for cancellation of a deed, upon the ground […]

353 S.E.2d 342 RICHARDSON v. THE STATE. 44054.Supreme Court of Georgia. DECIDED MARCH 4, 1987. WELTNER, Justice. Jerry John Richardson was found guilty of incest and two counts of sodomy. He was sentenced to serve a term in the penitentiary. The evidence shows that Richardson first began having sexual relations with his step-daughter when she […]

475 S.E.2d 911 IN THE MATTER OF ROBERT E. SMITH. S95Y2049.Supreme Court of Georgia. DECIDED JULY 1, 1996. PER CURIAM. Robert E. Smith filed a petition for the voluntary suspension of his license pending the appeal of his July 7, 1995, criminal conviction in the United States District Court for the Southern District of Texas. […]

98 S.E.2d 556 McFARLAND v. THE STATE. 19671.Supreme Court of Georgia.ARGUED APRIL 9, 1957. DECIDED MAY 14, 1957. HAWKINS, Justice. An indictment charging robbery by force was returned against Charlie McFarland, who entered a plea of “not guilty,” and was tried in Fulton Superior Court. The jury returned a verdict of guilty, and fixed punishment […]

533 S.E.2d 718 LAWRENCE ROBINSON v. THE STATE. S00A1165.Supreme Court of Georgia. DECIDED: SEPTEMBER 11, 2000. Appeal from Fulton County Superior Court, Trial Judge: Hon. Thelma Wyatt-Cummings Moore, Date of Judgment Appealed: 11-03-99, Notice of Appeal Date: 11-08-99, Date of Docketing: 03-31-00, Lower Ct#:Z91882. Attorneys for Appellant: Tara L. Kneller, for appellant. Attorneys for Appellee: […]

424 S.E.2d 787 STONE v. THE STATE. S92A1476.Supreme Court of Georgia. DECIDED JANUARY 22, 1993. HUNSTEIN, Justice. Stone was convicted of driving under the influence of alcohol. In this appeal from the denial of his motion for new trial, he complains that the trial court erred in charging OCGA § 40-6-392 (a) (3) because that […]

553 S.E.2d 806 ABELLERA et al. v. WILLIAMSON et al. S00G1957.Supreme Court of Georgia. DECIDED: OCTOBER 5, 2001. SEARS, Presiding Justice. We granted certiorari in this case to consider two questions.[1] One is whether the Court of Appeals, after determining that the trial court’s rationale for granting summary judgment was incorrect, erred in failing to […]

38 S.E.2d 414 RUSSAW v. THE STATE. 15459.Supreme Court of Georgia. MAY 9, 1946. 1. The affidavits, offered in support of the evidence of witnesses for the purpose of obtaining a new trial on the ground of newly discovered evidence, and reciting that the witnesses lived at named addresses and, as to each witness, “that […]

113 S.E.2d 132 STATE DEPARTMENT OF REVENUE v. McCRAY et al. 20653.Supreme Court of Georgia.ARGUED OCTOBER 13, 1959. DECIDED FEBRUARY 11, 1960. An appellate court should take judicial notice of the time in which an application for mandamus nisi to require a trial judge to certify a bill of exceptions is pending in the appellate […]

707 S.E.2d 349 MCG HEALTH, INC. v. OWNERS INSURANCE COMPANY. No. S10G1142.Supreme Court of Georgia. Decided January 24, 2011 Reconsideration Denied March 18, 2011. BENHAM, Justice. This case arises from the dismissal of a complaint filed by MCG Health, Inc. (“MCG”), against Owners Insurance Company (“Owners”). In sum, MCG filed a hospital lien for services […]

102 S.E.2d 170 BORN v. BORN. 19957.Supreme Court of Georgia.SUBMITTED JANUARY 16, 1958. DECIDED FEBRUARY 10, 1958. 1. Where, pending the husband’s suit for a divorce, he offers a reconciliation and a resumption of their marital relations and the wife refuses the offer, the questions of good faith on the part of the husband in […]

212 S.E.2d 832 JONES et al. v. THE STATE. 29431.Supreme Court of Georgia.ARGUED JANUARY 13, 1975. DECIDED FEBRUARY 11, 1975. HALL, Justice. This is a joint appeal by Milton Jones and Geoffrey Moore from their August 6, 1974 convictions of rape of a 16-year-old girl, after their joint trial with a third participant, David Lee […]

204 S.E.2d 102 BOSTON v. BOSTON et al. 28560.Supreme Court of Georgia.ARGUED JANUARY 15, 1974. DECIDED MARCH 7, 1974. INGRAM, Justice. This is a will construction case from Bartow County and the facts are not in dispute. This court must decide if the construction made by the trial court of the will and codicil of […]

518 S.E.2d 124 DANITA I. KIDD ET AL. v. DANIEL COATES ET AL. S99A0242.Supreme Court of Georgia. DECIDED: MAY 3, 1999 Before CARLEY, Justice. Appellees Daniel Coates, a member of a multi-agency drug unit, and David Aguilar, a City of Winder policeman, were among the law enforcement officers who executed a “no-knock” search warrant at […]

242 S.E.2d 584 PAPE v. PAPE. 33293.Supreme Court of Georgia.SUBMITTED FEBRUARY 10, 1978. DECIDED FEBRUARY 22, 1978. UNDERCOFLER, Presiding Justice. Brenda Darnell Pape brought this suit to modify the child support received from her former husband, Earnest Marshall Pape. At the time of their divorce in 1968, he agreed to pay $70 per month per […]

569 S.E.2d 515 HORWITZ v. WEIL. S02A1073.Supreme Court of Georgia. Decided September 16, 2002 CARLEY, Justice. Sheryl Horwitz and Gary Weil were divorced in 1991, and the final decree approved and incorporated by reference a settlement agreement. In April of 2001, Ms. Horwitz filed a motion seeking to hold Weil in contempt, claiming that he […]

48 S.E.2d 529 MARSH v. BAIRD. 16229.Supreme Court of Georgia. JUNE 18, 1948. JENKINS, Chief Justice. The exceptions are to the order overruling general demurrers to a petition for specific performance of a contract based upon the following writing: “September 26, 1947. This is to certify that I have this day sold place known as […]

565 S.E.2d 453 SMITH v. THE STATE. S02A0566.Supreme Court of Georgia. DECIDED: JUNE 10, 2002 FLETCHER, Chief Justice. A jury convicted Demetric Andre Smith of felony murder and cruelty to children in connection with the stabbing death of his girlfriend Yolanda R. Bridges.[1] The trial court sentenced him to life imprisonment on the felony murder […]

199 S.E.2d 254 PEACOCK v. ADAMS. 28007.Supreme Court of Georgia.SUBMITTED JUNE 15, 1973. DECIDED JULY 2, 1973. 1. The judgment placing custody of the child of 14 years in the father must be affirmed since the evidence supports the finding of the trial judge that she has selected the father as her custodian, and that […]

239 S.E.2d 348 COHEN v. GOLDSTEIN. 32793.Supreme Court of Georgia.SUBMITTED OCTOBER 11, 1977. DECIDED OCTOBER 21, 1977. HALL, Justice. The sole issue in this appeal is whether there was a genuine issue of fact which precluded summary judgment for appellee, the plaintiff below. We set out only those Page 24 facts directly relevant to this […]

655 S.E.2d 586 DRST HOLDINGS, LTD. v. AGIO CORP. No. S07A1648.Supreme Court of Georgia. DECIDED JANUARY 8, 2008. CARLEY, Justice. In May of 2004, the property located at 1096 Hillcrest Drive in DeKalb County was sold to Appellee Agio Corp. at a tax sale conducted by the sheriff of that county. The sale was held […]

219 S.E.2d 704 DEARMAN v. RHODEN. 30238.Supreme Court of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED OCTOBER 16, 1975. REHEARING DENIED OCTOBER 28, 1975. PER CURIAM. This is the second appeal in a habeas corpus child custody case. On the first appeal the case was remanded to the trial judge with direction that he “exercise his discretion […]

7 S.E.2d 246 GREEN, administratrix, v. SPIRES et al. 13117.Supreme Court of Georgia. FEBRUARY 24, 1940. On application of governing principles of law to the pleadings in a suit to cancel deeds as a cloud on title, recovery of damages for timber cut from land, and other equitable relief. Held that the petition was subject […]