Category: Georgia Supreme Court Opinions

383 S.E.2d 118 JOHNSON v. THE STATE. 46690.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1989. SMITH, Justice. We granted certiorari in this case to consider whether the law as set forth in Baxter v. State, 254 Ga. 538, 548 (331 S.E.2d 561) (1985) was violated when the trial court refused the appellant’s motion to allow […]

481 S.E.2d 525 HOOD v. CARSTEN. S96A1761.Supreme Court of Georgia. DECIDED MARCH 7, 1997. HUNSTEIN, Justice. Appellant Tommy Leon Hood was indicted on charges of aggravated assault and stalking. As a condition of bond, Hood was ordered to have no contact with the victim or her place of business. Less than three months after being […]

49 S.E.2d 522 TUCKER v. AMERICAN SURETY Co. OF NEW YORK. 16313.Supreme Court of Georgia. SEPTEMBER 14, 1948. WYATT, Justice. As originally brought, the petition in this case was in two counts. In the first count, the petitioner sought to recover of American Surety Company, as sole defendant and as surety on a guardian’s bond, […]

361 S.E.2d 828 FREEMAN WADE v. GRIFFITH. 44855.Supreme Court of Georgia. DECIDED OCTOBER 1, 1987. PER CURIAM. This action was commenced by one of the heirs at law of J. V. Griffith against two co-administrators of his estate, who were also heirs at law. It was alleged that the co-administrators were guilty of fraud and […]

108 S.E.2d 693 KATZ, Administratix, v. SINKOVITZ. 20418.Supreme Court of Georgia.SUBMITTED APRIL 15, 1959. DECIDED MAY 8, 1959. The judgment of the court below sustaining the general demurrer to the petition was not erroneous for any reason assigned. SUBMITTED APRIL 15, 1959 — DECIDED MAY 8, 1959. Equitable petition. DeKalb Superior Court. Before Judge Vaughn. […]

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 […]

167 S.E.2d 158 ROBINSON v. THE STATE. 25040.Supreme Court of Georgia.SUBMITTED FEBRUARY 10, 1969. DECIDED FEBRUARY 20, 1969. DUCKWORTH, Chief Justice. This is a burglary case in which constitutional questions have been raised, thereby giving this court jurisdiction. The defendant was indicted, tried, convicted Page 168 and sentenced, having filed a plea in abatement before […]

222 S.E.2d 333 THE STATE v. HIGHTOWER. 30215.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1975. DECIDED JANUARY 6, 1976. REHEARING DENIED JANUARY 27, 1976. HILL, Justice. The matter of commitment hearings and the right to counsel at those hearings are pressing questions before this court. Since we decided State v. Houston, 234 Ga. 721 (218 S.E.2d […]

546 S.E.2d 781 FIRST DATA POS, INC., f/k/a MICROBUILT CORP. v. WILLIS, et al. S00G1904.Supreme Court of Georgia. DECIDED: MAY 7, 2001. SEARS, Justice. This Court granted certiorari in order to consider the Court of Appeals’ ruling that a valid contractual merger clause did not foreclose a civil litigant’s claim of theft by deception based […]

48 S.E.2d 846 BARRON v. ANDERSON et al. 16255.Supreme Court of Georgia. JULY 13, 1948. The petition set forth a right in the petitioners, as assignees of a written option, to a reconveyance of described land upon the tender and offer to perform as made to the defendant, and the court did not err in […]

257 S.E.2d 541 BRANNON v. SIMPSON et al. 34742.Supreme Court of Georgia.ARGUED APRIL 10, 1979. DECIDED JULY 2, 1979. REHEARING DENIED JULY 18, 1979. BOWLES, Justice. This appeal is from an order of Bartow Superior Court, entered September 28, 1978, denying confirmation to appellant of her purchase of a named tract of land as high […]

320 S.E.2d 361 ELLIOTT v. THE STATE. 40941.Supreme Court of Georgia. DECIDED SEPTEMBER 26, 1984. REHEARING DENIED OCTOBER 16, 1984. BELL, Justice. Elliott was convicted of the murder of Victoria Phillips, and received a life sentence. His motion for new trial was denied, and he now appeals. We affirm. Elliott and Phillips lived together for […]

179 S.E.2d 339 PRUITT v. THE STATE. 26181.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1970. DECIDED JANUARY 7, 1971. REHEARING DENIED JANUARY 21, 1971. An attack upon a statute as being unconstitutional will not vest jurisdiction of an appeal in the Supreme Court (in a case otherwise in the jurisdiction of the Court of Appeals) where […]

317 S.E.2d 193 MURRAY v. THE STATE. 41089.Supreme Court of Georgia. DECIDED JUNE 19, 1984. GREGORY, Justice. Julian Anthony Murray, Jr. was convicted of the murder of his estranged wife and sentenced to life imprisonment. The undisputed evidence at trial showed that on the day of the murder, the couple’s three-year-old son was visiting with […]

271 S.E.2d 467 GRANT et al. v. BELL et al. 36231.Supreme Court of Georgia.ARGUED JULY 7, 1980. DECIDED SEPTEMBER 9, 1980. REHEARING DENIED SEPTEMBER 23, 1980. BOWLES, Justice. We granted certiorari to attempt to eliminate confusion which has arisen out of the three previous appellate decisions in this case. See Grant v. Bell, 153 Ga. […]

125 S.E.2d 480 LAWSON v. HURT. 21614.Supreme Court of Georgia.ARGUED APRIL 10, 1962. DECIDED MAY 7, 1962. REHEARING DENIED MAY 21, 1962. When, upon the trial of the application to probate a will, the stipulated facts showed that the sole legatee who was named therein, and to whom the entire estate was devised, predeceased the […]

390 S.E.2d 43 THE STATE v. SIMMONS. S90A0144.Supreme Court of Georgia. DECIDED APRIL 12, 1990. BELL, Justice. The state appeals from an order of the trial court suppressing a statement made by the appellee, Dwight L. Simmons. Simmons made the statement at a first-appearance hearing, see Uniform Rules for the Magistrate Courts (URMC) 13.1, at […]

154 S.E.2d 369 WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY v. ETHERIDGE. 23950.Supreme Court of Georgia.ARGUED MARCH 13, 1967. DECIDED MARCH 23, 1967. Where an application for life insurance recites “There shall be no liability for the payment of any benefit unless the application shall have been approved by the Medical Director of the Society,” […]

566 S.E.2d 662 GHG, INC. et al. v. BRYAN et al. S02A0630.Supreme Court of Georgia. DECIDED: JULY 15, 2002 THOMPSON, Justice. Solomon Bryan and others brought an action to quiet title concerning a 12.164 acre parcel of land in McIntosh County, Georgia. The petition alleges a chain of title beginning with an unrecorded deed in […]

174 S.E.2d 427 LANDERS v. SMITH, Warden. 25701.Supreme Court of Georgia.SUBMITTED MARCH 9, 1970. DECIDED APRIL 9, 1970. 1. Petitioner’s main contention was not misstated by the judge in the habeas corpus proceedings below. 2. The court below correctly interpreted petitioner’s contention as a question of law, rather than as a question of fact. 3. […]

15 S.E.2d 225 WALDROP et al. v. NOLAN et al. 13734.Supreme Court of Georgia. MAY 17, 1941. 1. Jurisdiction of an equity suit by creditors of an estate, seeking to recover on claims due them by a deceased person, is not lodged in the superior court of Spalding County merely because certain heirs at law […]

272 S.E.2d 723 FEIG v. FEIG. 36781.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1980. DECIDED DECEMBER 2, 1980. HILL, Justice. This case involves the effectiveness of waiving in advance, by contract, a person’s fifth amendment protection against disclosure of income tax returns and other financial information. In a 1975 property settlement agreement the parties to this […]

114 S.E.2d 847 AYERS et al. v. BAKER et al. 20864.Supreme Court of Georgia.SUBMITTED APRIL 12, 1960. DECIDED JUNE 9, 1960. REHEARING DENIED JUNE 28, 1960. When the allegations of a petition are sufficient to show that the petitioners are entitled to some of the substantial relief prayed, it is error to dismiss it on […]

527 S.E.2d 192 JENKINS v. THE STATE. S99A1805.Supreme Court of Georgia. DECIDED: FEBRUARY 28, 2000 HINES, Justice. A jury found Casey Jenkins guilty of felony murder while in the commission of aggravated assault in connection with the fatal shooting of Pete Howard, and he was sentenced to life imprisonment. Following the denial of his motion […]

248 S.E.2d 666 MARKS v. OSWALT. 33910.Supreme Court of Georgia.SUBMITTED AUGUST 4, 1978. DECIDED SEPTEMBER 28, 1978. NICHOLS, Chief Justice. This is a child custody case. The former husband filed a complaint against the former wife seeking legal custody of his son. He alleged that circumstances and conditions had changed since the parties were divorced […]

622 S.E.2d 355 THOMPSON v. TELFAIR. S05A1508.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2005. SEARS, Chief Justice. The appellant, Warden Dannie Thompson, appeals from the habeas court’s grant of relief to the appellee, Harry Telfair. Warden Thompson contends that the habeas court erred in granting relief without holding an evidentiary hearing. For the reasons that […]

127 S.E.2d 668 WHITE v. STATE OF GEORGIA. 21675.Supreme Court of Georgia.ARGUED JULY 10, 1962. DECIDED SEPTEMBER 21, 1962. For reasons stated in Division 3 (c) of the opinion, predicated upon the attorney’s illness, it was erroneous to adjudge him in contempt of court. ARGUED JULY 10, 1962 — DECIDED SEPTEMBER 21, 1962. Certiorari to […]

12 S.E.2d 574 STATE OF GEORGIA, ex rel. BOYKIN, solicitor-general, v. BALL INVESTMENT COMPANY et al. 13504.Supreme Court of Georgia. DECEMBER 5, 1940. REHEARING DENIED DECEMBER 14, 17, 1940. 1. A suit brought in the name of the State on the relation of the solicitor-general, containing allegations that certain persons are at usurious rates lending […]

88 S.E.2d 373 McCRAY et al. v. CAVES. 18993.Supreme Court of Georgia.SUBMITTED JUNE 13, 1955. DECIDED JULY 12, 1955. REHEARING DENIED JULY 25, 1955. CANDLER, Justice. On June 27, 1908, and for “love and affection” as the consideration therefor, Henry F. McCray conveyed a described tract of land to Mrs. Georgia McCray, his wife, “for […]

172 S.E.2d 835 KIKER v. ANDERSON. 25631.Supreme Court of Georgia.ARGUED JANUARY 14, 1970. DECIDED FEBRUARY 5, 1970. 1. It was not error to refuse to permit the plaintiff to state whether he had ever acquiesced in the fence being the line between his property and that of the defendant. 2. The testimony of the defendant […]

652 S.E.2d 523 COLUMBUS REGIONAL HEALTHCARE SYSTEM v. HENDERSON et al. No. S07A1082.Supreme Court of Georgia. DECIDED OCTOBER 29, 2007. SEARS, Chief Justice. We granted certiorari in this case to consider whether, under the circumstances of this case, the trial court was authorized to apply the additur provision of OCGA § 51-12-12 (b).[1] For the […]

283 S.E.2d 268 THE STATE v. VARNER et al. 37699.Supreme Court of Georgia. DECIDED OCTOBER 21, 1981. CLARKE, Justice. A special act of the legislature abolished the office of justice of the peace in the Marietta militia district of Cobb County, Georgia, and provided that no justice of the peace or notary public ex officio […]

22 S.E.2d 788 CAMPBELL v. CAMPBELL. 14273.Supreme Court of Georgia. NOVEMBER 13, 1942. 1. Where in a first trial of a divorce suit objection to a deposition, on the ground that there is no certificate of the officer taking the deposition of the reasons for taking it, is overruled, and the deposition is the only […]

697 S.E.2d 199 WILLIAMS v. MOODY. No. S10A0103.Supreme Court of Georgia. DECIDED JULY 5, 2010. BENHAM, Justice. Appellee Jammie K. Moody was convicted of armed robbery and aggravated battery in Coffee County and sentenced to a 20-year term of imprisonment in 2002. His conviction was affirmed by the Court of Appeals in an unpublished opinion. […]

384 S.E.2d 643 HARRISON v. THE STATE. S89A0251.Supreme Court of Georgia. DECIDED OCTOBER 19, 1989. MARSHALL, Chief Justice. The appellant, Bobby Harrison III, was convicted of the murder of Glen Johnson, and he was given a sentence of life imprisonment. In this appeal, the appellant argues that there was insufficient corroboration of the testimony of […]

330 S.E.2d 875 KIMBROUGH v. THE STATE. 42326.Supreme Court of Georgia. DECIDED JUNE 27, 1985. MARSHALL, Presiding Justice. Johnny Ware Kimbrough appeals from his conviction of the felony murder and attempted armed robbery of Reginald (“Reggie”) Dorsey and the robbery and armed robbery of Marvin (“Tater”) Mize. He received consecutive life sentences for the murder […]

116 S.E.2d 212 KING v. THE STATE. 20957.Supreme Court of Georgia.ARGUED JULY 12, 1960. DECIDED SEPTEMBER 8, 1960. DUCKWORTH, Chief Justice. The defendant was indicted, tried, and convicted of murder, but the jury returned a recommendation of mercy. Thereafter he filed a motion for new trial which was heard and denied, and the exception is […]

30 S.E.2d 181 CLARK et al. v. WOODY et al. 14822.Supreme Court of Georgia. MAY 5, 1944. 1. Where, in a suit by heirs at law to cancel a deed, the petition alleges that there is an administrator, but does not allege the assent of the administrator for the heirs to bring the suit, and […]

26 S.E.2d 606 MATHIS v. THE STATE. 14585.Supreme Court of Georgia. JULY 7, 1943. 1. An essential ingredient of mutual combat is a mutual intention to fight; but where all of the evidence, including the defendant’s statement, shows no agreement or mutual intention, that the defendant was armed with a loaded shotgun, and that the […]

102 S.E.2d 697 LAURENS COUNTY et al. v. KEEN; and vice versa. 19944, 19964.Supreme Court of Georgia.ARGUED JANUARY 14, 1958. DECIDED FEBRUARY 7, 1958. REHEARING DENIED MARCH 7, 1958 AND MARCH 10, 1958. 1-3. The trial court did not err in sustaining the demurrers to the plaintiff’s first and second amendments, attacking the constitutionality of […]

271 S.E.2d 155 DEPREE v. THE STATE (two cases). 36300, 36301.Supreme Court of Georgia.SUBMITTED MAY 30, 1980. DECIDED SEPTEMBER 5, 1980. UNDERCOFLER, Chief Justice. Appellant Bernard Depree, alias Bernard Dupree, and his co-defendant, David Burney, Jr., were jointly tried for the murder of Atlanta Police Officer Frank Robert Schlatt and for two counts of armed […]

233 S.E.2d 182 HILL v. THE STATE. 31668.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1976. DECIDED FEBRUARY 14, 1977. GUNTER, Justice. This appeal is from a conviction for having committed armed robbery. Appellant contends here that the trial court committed error in admitting certain identification testimony into evidence, committed error in permitting the questioning of defense […]

159 S.E.2d 405 OLIVER v. FARMER’S STATE BANK et al. 24454.Supreme Court of Georgia.ARGUED JANUARY 8, 1968. DECIDED JANUARY 18, 1968. DUCKWORTH, Chief Justice. The only question for decision is whether or not a conveyance to the wife, who is the applicant here for summary judgment, was made by her husband to hinder or delay […]

377 S.E.2d 674 SELF v. CITY OF ATLANTA et al. 46145.Supreme Court of Georgia. DECIDED MARCH 15, 1989. BELL, Justice. In this case the plaintiff, John Self, contends that certain language in the charter of the City of Atlanta waives the city’s sovereign Page 79 immunity in a personal-injury action arising from a motor-vehicle collision. […]

374 S.E.2d 725 IN THE MATTER OF CLIFTON O. BAILEY III. SUPREME COURT DISCIPLINARY NO. 557Supreme Court of Georgia. DECIDED JANUARY 5, 1989. PER CURIAM. The Special Master found and the Review Panel of the State Disciplinary Board approved and adopted the findings of the Special Master to wit: That Respondent had engaged in conduct […]

168 S.E.2d 159 GAINESVILLE CARPET MART et al. v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF GAINESVILLE et al. 25174.Supreme Court of Georgia.SUBMITTED MAY 12, 1969. DECIDED MAY 22, 1969. NICHOLS, Justice. Upon the petition of a creditor of R. M. Conner Contracting Company, Inc., a receiver was appointed and notice by publication was given to […]

52 S.E.2d 288 CITY OF SUMMERVILLE v. GEORGIA POWER COMPANY. 16469.Supreme Court of Georgia. FEBRUARY 17, 1949. REHEARING DENIED MARCH 16, 1949. ATKINSON, Presiding Justice. In City of Summerville v. Georgia Power Co., 204 Ga. 276 (49 S.E.2d 661), this court transferred to the Court of Appeals, because of lack of jurisdiction here, a writ […]

58 S.E.2d 426 CANTRELL v. COOLEY et al. 17025.Supreme Court of Georgia. MARCH 15, 1950. REHEARING DENIED MARCH 27, 1950. ATKINSON, Presiding Justice. 1. The petition as amended by the first three amendments, showing upon its face that the plaintiff and the principal defendant, were dealing at arms’ length and not in a confidential relationship, […]

479 S.E.2d 722 WEST v. FULTON COUNTY. S96A1629.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. HUNSTEIN, Justice. Appellant, the executor of the estate of Thomas West, appeals from the grant of summary judgment to Fulton County, which was based on the trial court’s holding that the purported sale of county-owned property to West by the […]

23 S.E.2d 78 FORRESTER, revenue commissioner, v. INTERSTATE HOSIERY MILLS INC. 14160.Supreme Court of Georgia. NOVEMBER 12, 1942. Under statutes imposing on corporations incorporated under Georgia laws an occupational tax based on issued capital stock, and imposing a similar tax based on capital stock and surplus employed in Georgia on foreign corporations doing business in […]

13 S.E.2d 349 LONG v. LONG. 13547.Supreme Court of Georgia. FEBRUARY 13, 1941. Under the facts of this case there was no abuse of discretion in the judgment awarding temporary alimony pending the plaintiff’s suit for divorce. The award was not excessive. No. 13547. FEBRUARY 13, 1941. Alimony. Before Judge Porter. Walker superior court. September […]

285 S.E.2d 187 GILREATH v. TAYLOR et al. 37576.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1981. This case is affirmed without opinion under Rule 59. All the Justices concur. Weltner, J., not participating. DECIDED NOVEMBER 13, 1981. Habeas corpus; child custody. Baldwin Superior Court. Before Judge Thompson. O’Neal, Stone, Brown Sizemore, Kice H. Stone, Martha […]

177 S.E.2d 68 MORGAN et al. v. REEVES. 25880.Supreme Court of Georgia.ARGUED JULY 14, 1970. DECIDED SEPTEMBER 15, 1970. REHEARING DENIED SEPTEMBER 24, 1970. 1. In view of the Civil Practice Act (Ga. L. 1966, p. 609, as amended), it is not necessary that a municipal ordinance be pleaded in order to be admissible in […]

402 S.E.2d 721 NULL v. THE STATE. S91A0154.Supreme Court of Georgia. DECIDED APRIL 11, 1991. HUNT, Justice. Billy Joe Null was tried and convicted in Gwinnett County for the murder, armed robbery, and kidnapping with bodily injury of Thomas Patrick Gale. He was given three life sentences, two consecutive and one concurrent to the second […]

221 S.E.2d 422 WILLIAMS et al. v. CATES et al. 30425.Supreme Court of Georgia.ARGUED OCTOBER 15, 1975. DECIDED DECEMBER 2, 1975. HALL, Justice. This is a quo warranto case, here on appeal from an order of the Fulton County Superior Court dismissing appellants’ petition for failure to state a claim. Appellants are Harold E. Williams […]

553 S.E.2d 808 BRUCE v. SMITH. S01A0623.Supreme Court of Georgia. DECIDED: OCTOBER 5, 2001 FLETCHER, Chief Justice. We affirmed Richard Bruce’s murder conviction on direct appeal, rejecting his argument that the trial court should have given his requested charge on the state’s burden of proof on his affirmative Page 433 defense.[1] Nine years later, we […]

324 S.E.2d 443 IN RE CRANE. 41234.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. MARSHALL, Presiding Justice. Robert Crane was found guilty of contempt of the State Court of DeKalb County, and sentenced to 20 days in jail and a $200 fine. There was evidence that Crane made a series of telephone calls to the […]

44 S.E.2d 257 MENDEL v. MENDEL. 15910.Supreme Court of Georgia. SEPTEMBER 9, 1947. CANDLER, Justice. On November 26, 1946, Shirley Petrek Mendel filed a suit for temporary and permanent alimony against her husband, James H. Mendel Jr. On this petition temporary alimony was awarded: and subsequently, on March 24, 1947, Mrs. Mendel sought to have […]

89 S.E.2d 652 BARRETT v. STATE HIGHWAY DEPARTMENT OF GEORGIA. 19045.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1955. DECIDED OCTOBER 11, 1955. 1. There is no merit in the motion to dismiss the bill of exceptions. 2. It was not error to deny an injunction under the facts of this case. ARGUED SEPTEMBER 15, 1955 — […]

217 S.E.2d 150 BROWN v. THE STATE. 29768.Supreme Court of Georgia.SUBMITTED MARCH 24, 1975. DECIDED JUNE 24, 1975. JORDAN, Justice. Theodore Brown was convicted of murder, sentenced to life imprisonment, and appeals. Appellant contends that “the trial court erred in refusing to permit the investigating officer, W. L. Williams, from testifying as to the results […]

391 S.E.2d 391 KOLKER v. THE STATE. S90A0137.Supreme Court of Georgia. DECIDED MAY 11, 1990. RECONSIDERATION DENIED JUNE 8, 1990. FLETCHER, Justice. The Court of Appeals transferred this case, Kolker v. State, 193 Ga. App. 306 (387 S.E.2d 597) (1989), to us on the ground that it involves a construction of the state constitution and […]

286 S.E.2d 18 PACE v. SMITH et al. 37973.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. GREGORY, Justice. Plaintiff Cecil Pace filed suit in Fulton County Superior Court against the State Board of Bar Examiners (Board) and the Director of Bar Admissions, alleging that certain procedures used in Page 729 administering and grading the State […]

363 S.E.2d 543 LEVERICH et al. v. RODDENBERRY FARMS, INC. 44791.Supreme Court of Georgia. DECIDED JANUARY 13, 1988. WELTNER, Justice. The only issue in this case is whether Leverich’s contention (that Roddenberry Farms damaged his property by diverting water onto his land) alleges a continuing nuisance, and hence is governed by the four-year statute, as […]

80 S.E.2d 321 SWAIN, formerly WELLS, v. WELLS. 18442.Supreme Court of Georgia.ARGUED JANUARY 11, 1954. DECIDED FEBRUARY 11, 1954. 1. On the hearing before a judge in a proceeding to compel payment of alimony under a decree of court, affidavits are admissible in evidence. 2. Where, after a final verdict, a decree is rendered dissolving […]

47 S.E.2d 865 FORD v. FORD, executor, et al. 16185.Supreme Court of Georgia. MAY 14, 1948. HEAD, Justice. The grounds of the motion for new trial, as amended, in substance state that the verdict was contrary to law, against the weight of the evidence, and contrary to law and to the principles of justice and […]

179 S.E.2d 923 HARRISON et al. v. RAINEY. 26244.Supreme Court of Georgia.ARGUED DECEMBER 16, 1970. DECIDED JANUARY 29, 1971. 1. The trial court, for the reasons stated herein, did not err in enjoining the Chairman and Board of Commissioners of Roads and Revenues of DeKalb County from expending county funds to procure adoption of a […]

192 S.E.2d 350 DeKALB COUNTY v. DIXIE BOTTLE BEVERAGE COMPANY et al. 27323.Supreme Court of Georgia.ARGUED JULY 11, 1972. DECIDED SEPTEMBER 7, 1972. REHEARING DENIED SEPTEMBER 25, 1972. GRICE, Presiding Justice. This is a related case to DeKalb County v. Empire Distributors, Inc., 229 Ga. 497, and also DeKalb County v. Allstate Beer, Inc., 229 […]

646 S.E.2d 44 WALKER v. JOHNSON. No. S07A0261.Supreme Court of Georgia. Decided May 14, 2007. Reconsideration Denied June 25, 2007. THOMPSON, Justice. A jury found Kevin Johnson guilty of armed robbery, kidnapping with bodily injury, aggravated assault, burglary, and possession of a firearm during the commission of a felony. He was sentenced to life in […]

383 S.E.2d 555 AMBLES v. THE STATE. 46929.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1989. CLARKE, Presiding Justice. Eddie James Ambles is under indictment for child molestation. At trial he challenged the alleged victim’s competency to testify, citing OCGA § 24-9-5.[1] As required by OCGA § 24-9-7, the trial court held a hearing to determine […]

129 S.E.2d 798 AETNA CASUALTY SURETY COMPANY v. BROOKS et al. 21808.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1962. DECIDED FEBRUARY 7, 1963. For the reasons stated in the opinion the judgment of the Court of Appeals is reversed. ARGUED NOVEMBER 13, 1962 — DECIDED FEBRUARY 7, 1963. Certiorari to the Court of Appeals of Georgia […]

342 S.E.2d 678 CHASTAIN v. THE STATE. 42892.Supreme Court of Georgia. DECIDED MAY 9, 1986. GREGORY, Justice. David Chastain was convicted of murder and sentenced to life imprisonment.[1] He was also convicted of two counts of tampering with evidence. We affirm the murder conviction and one count of tampering with evidence, but reverse the conviction […]

699 S.E.2d 1 WILLIS v. THE STATE. No. S10A0393.Supreme Court of Georgia. DECIDED JUNE 28, 2010. RECONSIDERATION DENIED JULY 26, 2010. MELTON, Justice. Following a jury trial, Aaron Brandon Willis appeals his convictions for the robbery and burglary of Joseph Briglevich as well as the kidnapping, armed robbery, and murder of Ramona Agramontes.[1] Among other […]

67 S.E.2d 565 DUNN et al. v. ROBINSON. 17590.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1951. DECIDED OCTOBER 10, 1951. REHEARING DENIED NOVEMBER 16, 1951. ALMAND, Justice. Henry Mae Robinson filed a petition against R. W. Apte and W. C. Dunn, alleging: She was the owner of and had title to a tract of land described […]

146 S.E.2d 303 ABDILL v. BARDEN et al.; and vice versa. 23195, 23196.Supreme Court of Georgia.ARGUED NOVEMBER 8, 1965. DECIDED DECEMBER 9, 1965. GRICE, Justice. In case No. 23195 the defendant in the trial court seeks to obtain a reversal by bill of exceptions of the same rulings complained of in her appeal in case […]

16 S.E.2d 537 ATLANTA WEST POINT RAILROAD CO. v. HEMMINGS. 13859.Supreme Court of Georgia. SEPTEMBER 12, 1941. Jurisdiction of a writ of error which otherwise would be returnable to the Court of Appeals is not conferred upon the Supreme Court by reason of the fact that the plaintiff in error, defendant in the trial court, […]

656 S.E.2d 844 DAVENPORT v. THE STATE. No. S08A0175.Supreme Court of Georgia. DECIDED JANUARY 28, 2008. RECONSIDERATION DENIED FEBRUARY 25, 2008. CARLEY, Justice. After a jury trial, Joshua Davenport was found guilty of the malice murder of Steven Tanks, aggravated assault on Jamil Tanks, and possession of a firearm during the commission of a felony. […]

135 S.E.2d 897 SIRMONS v. BANKS, Administratrix. 22384.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1964. DECIDED MARCH 6, 1964. The assignment of error in the bill of exceptions in the present case is insufficient to present any question for review by this court. ARGUED FEBRUARY 11, 1964 — DECIDED MARCH 6, 1964. Page 536 Complaint for […]

240 S.E.2d 89 DOUGHTIE et al. v. DENNISSON et al. (two cases). 32963, 32964.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1977. DECIDED NOVEMBER 29, 1977. UNDERCOFLER, Presiding Justice. The trial court granted Dennisson’s motion for summary judgment and entered a permanent injunction against Doughtie preventing him from building on a lakefront lot in the City of […]

234 S.E.2d 530 SAADE v. SAADE. 32096.Supreme Court of Georgia.SUBMITTED MARCH 4, 1977. DECIDED APRIL 7, 1977. INGRAM, Justice. This is an appeal by the husband from a final divorce decree entered in Gwinnett Superior Court. There are 9 enumerations of error. Several relate to rulings made by the trial judge during a contempt hearing […]

76 S.E.2d 405 WHITFIELD v. THE STATE. 18206.Supreme Court of Georgia.SUBMITTED MAY 11, 1953. DECIDED JUNE 8, 1953. HAWKINS, Justice. Rufus Whitfield was indicted for murder, at the November term, 1950, and was tried and convicted, with a recommendation of mercy, at the November term, 1952, of Burke Superior Court. To the judgment overruling his […]

598 S.E.2d 498 HOLLOMON v. THE STATE. S04A0994.Supreme Court of Georgia. DECIDED JUNE 28, 2004. THOMPSON, Justice. Defendant Stanley Hollomon was convicted of malice murder.[1] He appeals, asserting that the evidence was insufficient to support the jury’s verdict, and that the trial court erred by failing to charge the jury fully on impeachment. Finding no […]

204 S.E.2d 600 TOP QUALITY HOMES, INC. et al. v. JACKSON. 28468.Supreme Court of Georgia.SUBMITTED DECEMBER 3, 1973. DECIDED MARCH 8, 1974. INGRAM, Justice. This suit began as an equitable action by the appellee to cancel a deed. It was tried before a jury, but at the close of the evidence the trial court directed […]

455 S.E.2d 587 ARMSTRONG v. MILES. S95A0022.Supreme Court of Georgia. DECIDED APRIL 10, 1995. PER CURIAM. In Rebich v. Miles, 264 Ga. 467 (448 S.E.2d 192) (1994), this Court held that the discretionary application procedures must be followed to appeal an order of the superior court ruling on a challenge to a decision of a […]

676 S.E.2d 181 DASHER v. THE STATE, LEWIS v. THE STATE. No. S09A0221, S09A0631.Supreme Court of Georgia. DECIDED APRIL 28, 2009. BENHAM, Justice. Appellants Quinton Dasher and Wesley Tyrone Lewis were convicted of the felony murder of Jimmy D. Burke in Toombs County.[1] On appeal, each appellant takes issue with the sufficiency of the count […]

111 S.E.2d 32 WILSON v. THE STATE. 20578.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. WYATT, Presiding Justice. Eddie Wilson was convicted of murder, without recommendation to mercy. He duly filed his motion for new trial which was denied. The exception here is to the judgment denying […]

635 S.E.2d 107 MOORE v. MOORE et al. MINSHEW v. MOORE et al. MOORE v. CRISP FARMS, INC. et al. CRISP FARMS, INC. v. MOORE et al. Nos. S06F0927, S06F0928, S06F0929, S06F0930.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. RECONSIDERATION DENIED OCTOBER 16, 2006. CARLEY, Justice. In 2003, Anthony Keith Moore (Husband) brought this divorce […]

277 S.E.2d 511 RENO v. RENO. 36977.Supreme Court of Georgia. DECIDED MAY 6, 1981. GREGORY, Justice. Appellant wife, a resident of Dawson County, sued appellee husband for divorce in Clayton County. Appellee responded with a motion to dismiss for lack of “jurisdiction.”[1] Pending the final determination of the case, the trial court awarded temporary alimony […]

203 S.E.2d 475 PERRY DEVELOPMENT CORPORATION v. COLONIAL CONTRACTING COMPANY, INC. 28371.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1973. DECIDED FEBRUARY 6, 1974. UNDERCOFLER, Justice. This is an action by Colonial Contracting Co., Inc., against Perry Development Corp. for specific performance, or in the alternative damages, of a contract for the sale of land. Colonial builds […]

175 S.E.2d 834 BENNETT PLUMBING COMPANY et al. v. LOVINS. 25879.Supreme Court of Georgia.ARGUED JUNE 9, 1970. DECIDED JUNE 25, 1970. REHEARING DENIED JULY 9, 1970. GRICE, Justice. In the instant appeal from the judgment of the Superior Court of DeKalb County overruling and denying an appeal from an award of the full Workmen’s Compensation […]

110 S.E.2d 624 LEE v. HAYES, Solicitor-General. 20540.Supreme Court of Georgia.ARGUED JULY 13, 1959. DECIDED SEPTEMBER 11, 1959. REHEARING DENIED OCTOBER 9, 1959. 1-3. The demurrers, general and special, were properly overruled. and the court did not err in allowing the petition to be amended. 4. The record containing no brief of evidence, the assignments […]

413 S.E.2d 453 MURRAY v. THE STATE. S91A1648.Supreme Court of Georgia. DECIDED JANUARY 17, 1992. FLETCHER, Justice. Bobby Murray appeals from his conviction of murder and possession of a firearm during the commission of a crime in relation to the death of Leroy Bruce Sparrow.[1] Murray was sentenced to life imprisonment for the murder and […]

186 S.E.2d 884 HARRISON v. HARRISON. 26869.Supreme Court of Georgia.ARGUED DECEMBER 13, 1971. DECIDED JANUARY 6, 1972. REHEARING DENIED JANUARY 19, 1972. NICHOLS, Justice. This is an appeal from a summary judgment granted a former husband in an action by the wife wherein she sought an increase in periodic alimony payments. The divorce decree included […]

56 S.E.2d 503 PHILLIPS v. BOWEN. 16875.Supreme Court of Georgia. NOVEMBER 15, 1949. REHEARING DENIED DECEMBER 1, 1949. 1. A judgment which follows a verdict that is in conformity with the issues made by the pleadings cannot, at a subsequent term, be amended on motion, where the matter sought by amendment concerns things that occurred […]

126 S.E.2d 614 JOINER v. JOINER. 21701.Supreme Court of Georgia.ARGUED JUNE 12, 1962. DECIDED JUNE 25, 1962. HEAD, Presiding Justice. In a contempt action for failure to pay alimony (for the support of the minor children of the parties), the trial judge found that the defendant husband had not complied with the former judgment of […]

37 S.E.2d 331 McKOWN v. WALKER COUNTY BOARD OF EDUCATION et al. 15352.Supreme Court of Georgia. FEBRUARY 20, 1946. HEAD, Justice. Two questions for determination are presented by the bill of exceptions brought to this court: 1. Does the LaFayette School District, a local tax district, as it existed prior to the effective date of […]

30 S.E.2d 183 GRICE v. GRICE. 14812.Supreme Court of Georgia. MAY 8, 1944. 1. Where a petition was not challenged in the trial court by demurrer or otherwise, and a verdict was returned for the plaintiff, a complaint by the defendant in a motion for new trial that the verdict is contrary to law and […]

135 S.E.2d 430 BARRETT, formerly MANUS, v. MANUS. 22277.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1964. DECIDED FEBRUARY 6, 1964. REHEARING DENIED FEBRUARY 18, 1964. A trial judge, in the exercise of a sound legal discretion, has the power during the same term of court to modify a judgment awarding custody of a child. SUBMITTED JANUARY […]