Category: Georgia Supreme Court Opinions

284 S.E.2d 386 GEORGIA GAZETTE PUBLISHING COMPANY et al. v. RAMSEY. 38073.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1981. REHEARING DENIED NOVEMBER 24, 1981. WELTNER, Justice. A practicing dentist in the City of Savannah filed suit against a newspaper, alleging a violation of his right of privacy by the publication of articles to the effect […]

197 S.E.2d 723 GRIFFIN v. THE STATE. 27805.Supreme Court of Georgia.ARGUED MARCH 13, 1973. DECIDED APRIL 13, 1973. 1. The trial court did not err in denying the amended motion for new trial. Page 450 2. The enumeration complaining of failure to charge the law of alibi cannot be maintained. 3. The charge given in […]

166 S.E.2d 361 ADDIS et al. v. SMITH et al. 25002.Supreme Court of Georgia.ARGUED JANUARY 14, 1969. DECIDED FEBRUARY 20, 1969. REHEARING DENIED MARCH 6, 1969. FRANKUM, Justice. 1. The complaint in this case seeks merely the grant of a mandamus to compel some of the defendants who are the Mayor and members of the […]

216 S.E.2d 844 GOMEZ v. THE STATE. WHITMAN v. THE STATE. 29971, 29972.Supreme Court of Georgia.SUBMITTED MAY 23, 1975. SUBMITTED JUNE 11, 1975. DECIDED JUNE 17, 1975. NICHOLS, Chief Justice. The defendants were jointly indicted, tried and convicted of armed robbery. Each was sentenced to six years in the penitentiary. Separate appeals were filed but […]

148 S.E.2d 395 ARCHER v. GRIMES, Sheriff. 23390.Supreme Court of Georgia.SUBMITTED MARCH 15, 1966. DECIDED MARCH 22, 1966. CANDLER, Presiding Justice. Jerry Wayne Archer was convicted in the Superior Court of Fulton County for larceny of an automobile, the property of Donald C. Dashow, and was on September 24, 1965, sentenced to serve a prison […]

567 S.E.2d 1 EDGE v. THE STATE. S02A0454.Supreme Court of Georgia. DECIDED: JULY 11, 2002 HINES, Justice. Kiko Edge appeals from his convictions for felony murder and possession of a firearm while in the commission of a felony, in connection with the death of Verdell Willis.[1] For the reasons that follow, we affirm. Construed to […]

277 S.E.2d 660 ALLEN v. BOARD OF TAX ASSESSORS OF PAULDING COUNTY (two cases). COLE et al. v. BOARD OF TAX ASSESSORS OF PAULDING COUNTY (three cases). 37350, 37351, 37352, 37353, 37354.Supreme Court of Georgia. DECIDED APRIL 30, 1981. REHEARING DENIED MAY 13, 1981. CLARKE, Justice. Certain taxpayers are attacking the constitutionality of Code Ann. […]

233 S.E.2d 375 LANE v. THE STATE. 31823.Supreme Court of Georgia.ARGUED JANUARY 24, 1977. DECIDED FEBRUARY 23, 1977. JORDAN, Justice. This appeal by Jerry Ray Lane is from his convictions of the crimes of murder and armed robbery, and the denial of his motion for new trial. Consecutive sentences of life imprisonment and 20 years […]

546 S.E.2d 524 MILLER v. THE STATE. S01A0750.Supreme Court of Georgia. DECIDED: MAY 7, 2001. BENHAM, Chief Justice. Appellant Antavis Miller was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the death of Khay Nohkhaokath on October 31, 1996. On appeal, appellant contends only that […]

375 S.E.2d 862 WINDERS v. THE STATE. 46391.Supreme Court of Georgia. DECIDED FEBRUARY 15, 1989. MARSHALL, Chief Justice. Steven Shane Winders was indicted for the murder of Allen W. Smith, possession of a firearm during the commission of a crime, forgery, burglary, and two counts of theft by taking. He was tried and found guilty […]

193 S.E.2d 841 REECE v. PETTIJOHN. 27448.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1972. DECIDED OCTOBER 10, 1972. GRICE, Presiding Justice. This appeal is from the grant of the appellee’s motion to dismiss the appellant’s petition for habeas corpus on the ground that it failed to state a claim upon which relief could be granted. The […]

404 S.E.2d 572 IN THE MATTER OF DAVID L. MARTIN. SUPREME COURT DISCIPLINARY NO. 843.Supreme Court of Georgia. DECIDED APRIL 12, 1991. PER CURIAM. On October 5, 1990 David L. Martin pled guilty to two felony counts of an indictment in the United States District Court for the Northern District of Georgia, charging him with […]

247 S.E.2d 846 WENTWORTH v. MIDDLETON et al. 33447.Supreme Court of Georgia.SUBMITTED MARCH 31, 1978. DECIDED SEPTEMBER 6, 1978. JORDAN, Justice. This appeal arises from a habeas corpus action involving the custody of a three-year-old boy. Debora Wentworth, the natural mother of the child, filed a petition for writ of habeas corpus seeking to regain […]

357 S.E.2d 70 WELCH v. THE STATE. 44209.Supreme Court of Georgia. DECIDED JUNE 24, 1987. CLARKE, Presiding Justice. Appellant was tried for the murders of Jane Snyder and Jay Fisher in the Superior Court of Rabun County in 1984. He was convicted and sentenced to death on one count and to life on one count […]

158 S.E.2d 408 HAY v. STEPHENS, Mayor. 24375.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1967. DECIDED NOVEMBER 22, 1967. The charter of the City of East Point provides that the mayor pro tempore shall discharge the duties and exercise the powers and authority of the mayor in his absence, and the mayor pro tempore had the […]

238 S.E.2d 382 ALLSTATE INSURANCE COMPANY v. STEPHENS. 32052.Supreme Court of Georgia.ARGUED JUNE 13, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED SEPTEMBER 28, 1977. UNDERCOFLER, Presiding Justice. This case involves a provision in a “standard form” fire insurance policy which states, “No suit or action on Page 718 this policy for the recovery of any […]

651 S.E.2d 746 IN THE MATTER OF COATSEY ELLISON. No. S07Y1447.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. RECONSIDERATION DENIED NOVEMBER 5, 2007. PER CURIAM. This matter is before the Court on the Review Panel report in which it recommends that Respondent Coatsey Ellison be disbarred for his violations of Rules 1.3, 1.4, and 8.4 […]

351 S.E.2d 622 G M QUALITY BUILDERS, INC. v. DENNISON. 43461.Supreme Court of Georgia. DECIDED JANUARY 14, 1987. RECONSIDERATION DENIED JANUARY 27, 1987. SMITH, Justice. We granted certiorari to consider the Court of Appeals opinion in Dennison v. G M Quality Builders, 178 Ga. App. 548 (343 S.E.2d 786) (1986). We agree with the reasoning […]

149 S.E.2d 801 WEATHERLY v. HATCHER et al. 23500.Supreme Court of Georgia.ARGUED JUNE 13, 1966. DECIDED JUNE 23, 1966. DUCKWORTH, Chief Justice. This case is styled an extraordinary motion for new trial, or is, in effect, a petition to set aside a consent verdict and decree taken in a petition to cancel and set aside […]

667 S.E.2d 40 SELPH v. WILLIAMS et al. No. S08A1223.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. HUNSTEIN, Presiding Justice. Pamela Selph appeals from the trial court’s order in this quiet title action adopting the special master’s report finding that Selph is not the fee simple title holder to the 50-acre tract in issue but […]

224 S.E.2d 357 PENDLETON et al. v. CITY OF ATLANTA et al. 30674.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1976. DECIDED MARCH 11, 1976. JORDAN, Justice. These twenty appellants were arrested by Atlanta police at various private gatherings and American Legion Posts in the Atlanta area, and charged with unlawfully establishing and promoting a lottery, in […]

304 S.E.2d 377 SANBORN v. THE STATE. 39458.Supreme Court of Georgia. DECIDED JUNE 28, 1983. CLARKE, Justice. Appellant was convicted of the murder of Randolph Williams and of armed robbery and sentenced to life imprisonment on both counts. He appeals. We affirm the murder conviction and reverse the conviction of armed robbery. Appellant and John […]

641 S.E.2d 542 PADRON v. PADRON. No. S06A1965.Supreme Court of Georgia. DECIDED FEBRUARY 26, 2007. BENHAM, Justice. We granted Ernesto Padron’s application for discretionary review to consider the trial court’s dismissal of his complaint for divorce due to a perceived jurisdictional infirmity. After reviewing the record, we conclude the trial court erred. Therefore, we reverse. […]

218 S.E.2d 72 GILREATH v. GREEN. 29628.Supreme Court of Georgia. DECIDED APRIL 8, 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 […]

240 S.E.2d 65 McMILLIAN v. McMILLIAN; and vice versa. 32792, 32932.Supreme Court of Georgia.ARGUED OCTOBER 11, 1977. DECIDED NOVEMBER 8, 1977. REHEARING DENIED NOVEMBER 29, 1977. JORDAN, Justice. In this divorce case the husband is the appellant in the main appeal. The wife filed a cross appeal. 1. The husband enumerates as error the denial […]

380 S.E.2d 693 FIELDS v. RAINBOW INTERNATIONAL CARPET DYEING CLEANING COMPANY. 46839.Supreme Court of Georgia. DECIDED JUNE 29, 1989. RECONSIDERATION DENIED JULY 26, 1989. WELTNER, Justice. Fields entered into an agreement with Rainbow International Carpet Dyeing and Cleaning Co. in which he was granted a license to operate a franchise of Rainbow’s business in Bibb […]

18 S.E.2d 487 MINCHEW v. HUSTON, administrator, et al. 13954.Supreme Court of Georgia. JANUARY 13, 1942. GRICE, Justice. 1. Under the Code, §§ 114-101, 114-107 (as well as under the remaining provisions of the workmen’s compensation law), the denomination of “employer” is applicable to a receiver or trustee of an individual, firm, association, or corporation […]

591 S.E.2d 800 GIBSON v. THE STATE. S03A1406.Supreme Court of Georgia. DECIDED JANUARY 12, 2004. HUNSTEIN, Justice. Jahanon Gibson was found guilty of felony murder and child cruelty arising out of the beating death of his 25-month-old son, Jaihiem Fair. Gibson appeals, challenging the sufficiency of the evidence and the effectiveness of trial counsel.[1] Finding […]

76 S.E.2d 402 BROADWATER et al. v. PARKER. 18216.Supreme Court of Georgia.ARGUED MAY 11, 1953. DECIDED JUNE 8, 1953. “Where a tenant in common conveys the whole lot to a third person, and the grantee took possession, claiming the entire lot as his own, this action constitutes a disseizin and ouster of the other tenants […]

300 S.E.2d 806 HARRELL et al. v. HARRELL. 39570.Supreme Court of Georgia. DECIDED MARCH 16, 1983. REHEARING DENIED APRIL 5, 1983. WELTNER, Justice. Hazel Harrell conveyed to her two sons by warranty deed a tract of land “subject, however, to life estates which are hereby expressly Page 798 reserved unto the said Hazel Harrell and […]

60 S.E.2d 371 SPENCER v. POOLE. 17164.Supreme Court of Georgia. JULY 12, 1950. HAWKINS, Justice. H. L. Poole filed his petition in DeKalb Superior Court, in which petition, as amended, he alleged that the defendant, Mrs. Marcelite A. Spencer, was the owner of lot No. 8 in Block “C” of Gordon Acres Subdivision, having acquired […]

328 S.E.2d 726 BULLINGTON v. UNION TOOL CORPORATION. 41721.Supreme Court of Georgia. DECIDED APRIL 30, 1985. CLARKE, Justice. This is a products liability action alleging defective design and manufacture of a table saw brought on grounds of negligence and strict liability. The trial court granted summary judgment to the defendant, Union Tool Corporation, holding that […]

131 S.E.2d 563 BALDWIN v. GRIMES, Sheriff. 22048.Supreme Court of Georgia.ARGUED MAY 14, 1963. DECIDED MAY 29, 1963. GRICE, Justice. A review of the judgment assigned as error here requires a consideration of the evidence, which is neither set forth in the bill of exceptions, attached to it as an exhibit and properly identified by […]

249 S.E.2d 235 DUFFIELD et al. v. DeKALB COUNTY et al. 33902.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1978. DECIDED OCTOBER 25, 1978. UNDERCOFLER, Presiding Justice. Plaintiff property owners brought suit against DeKalb County and the City of Atlanta seeking an injunction and damages for continuing nuisance and inverse condemnation. DeKalb County raised the defenses of […]

182 S.E.2d 450 PARTAIN v. MADDOX; and vice versa. 26441, 26447.Supreme Court of Georgia.ARGUED APRIL 14, 1971. DECIDED MAY 20, 1971. 1. The purported resignation of Joseph G. Maddox as a member of the State Board of Pardons and Paroles was void. (a) His appointment to that office was valid. Page 624 2. It was […]

287 S.E.2d 212 COOPER v. THE STATE. 38289.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1982. GREGORY, Justice. William Cooper was convicted of the murder of Ossie Lee Lewis and sentenced to life imprisonment. The evidence presented at trial showed that on the night of the victim’s death, the defendant and the victim were at Adam’s […]

376 S.E.2d 660 MATHIS v. WATSON. 45848.Supreme Court of Georgia. DECIDED MARCH 2, 1989. BELL, Justice. We granted certiorari in this case to determine whether the trial court committed reversible error in charging the jury on so-called “magnified” damages. Mathis v. Watson, 187 Ga. App. 100 (1) (369 S.E.2d 291) (1988). This case stems from […]

104 S.E.2d 437 BUXTON v. HOOKER. 20061.Supreme Court of Georgia.ARGUED MAY 12, 1958. DECIDED JULY 11, 1958. CANDLER, Justice. The marriage between John Arnold Hooker and Evelyn Hooker was dissolved by divorce in the Superior Court of Chatham County on March 12, 1945. The verdict awarded $10 per week for the support of their one-year-old […]

363 S.E.2d 529 JONES v. THE STATE. 44979.Supreme Court of Georgia. DECIDED JANUARY 6, 1988. RECONSIDERATION DENIED FEBRUARY 4, 1988. GREGORY, Justice. Walter Clayton Jones, the petitioner in this case, was convicted of rape and aggravated sodomy. At trial the victim testified on behalf of the State that just prior to the commission of the […]

182 S.E.2d 789 CALDWELL v. THE STATE. 26435.Supreme Court of Georgia.SUBMITTED APRIL 12, 1971. DECIDED JUNE 16, 1971. REHEARING DENIED JULY 9, 1971. 1. The evidence was not sufficient to show a conspiracy, and therefore, it was error to admit in evidence testimony as to declarations of the alleged conspirators, to charge the jury upon […]

164 S.E.2d 727 ORKIN EXTERMINATING COMPANY, INC. v. HARRIS. 24901.Supreme Court of Georgia.ARGUED OCTOBER 15, 1968. DECIDED NOVEMBER 7, 1968. 1. Denial of temporary injunctive relief against violation of restrictive covenants in the employment contract was error, as these covenants were independent of any other provision of the contract. 2. Refusal to rule upon the […]

324 S.E.2d 440 WILLIAMS v. THE STATE. 41651.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. GREGORY, Justice. The appellant, Victor Williams, was convicted by a jury in Cobb County for the armed robbery and murder of Michael O’Hara. Appellant was sentenced to consecutive life terms in the penitentiary. He brings this appeal from the denial […]

209 S.E.2d 148 McCRARY v. RICKETTS. 29226.Supreme Court of Georgia.SUBMITTED SEPTEMBER 20, 1974. DECIDED OCTOBER 1, 1974. INGRAM, Justice. Appellant was denied habeas corpus relief in the Superior Court of Butts County and appeals that judgment for review by this court. The trial court found that appellant was serving a Page 891 two-year sentence for […]

182 S.E.2d 419 CAMP et al. v. WARRINGTON et al. 26520.Supreme Court of Georgia.ARGUED MAY 10, 1971. DECIDED JUNE 2, 1971. UNDERCOFLER, Justice. 1. A lawful business may, by reason of its location in a residential area, cause hurt, inconvenience and damage to those residing in the vicinity and become a nuisance per accidens by […]

510 S.E.2d 831 LARGE v. BUTLER et al. S97A1599.Supreme Court of Georgia. DECIDED OCTOBER 14, 1997 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. Constitutional Question — Civil. Cobb County State. Before Hon. Robert E. McDuff. Ronald L. Hilley, for Appellant. Thomas D. Harper, HARPER, WALDON CRAIG, Trevor Grant […]

141 S.E.2d 893 GRAVITT v. THE STATE. 22878.Supreme Court of Georgia.SUBMITTED MARCH 9, 1965. DECIDED APRIL 8, 1965. 1. The jury was authorized to find that the defendant was guilty of the offense charged. 2. It was not error to charge the jury that they could find the defendant guilty if they believed beyond a […]

186 S.E.2d 875 DUDLEY v. THE STATE. 26766.Supreme Court of Georgia.ARGUED OCTOBER 13, 1971. DECIDED JANUARY 6, 1972. REHEARING DENIED JANUARY 19, 1972. 1. In charging the defendant with credit card theft, as defined by Code Ann. § 26-1705.2 (1, 2) (Ga. L. 1969, pp. 128, 130), it was not necessary to negate that the […]

598 S.E.2d 495 CHATHAM COUNTY BOARD OF TAX ASSESSORS et al. v. EMMOTH. S04A1001.Supreme Court of Georgia. DECIDED JUNE 28, 2004. HUNSTEIN, Justice. This appeal involves the interpretation of OCGA § 48-5-7.2, which provides for the certification of property as rehabilitated historic property for purposes of preferential assessment under OCGA Page 145 § 48-5-7 (c) […]

194 S.E.2d 78 PONDER v. THE STATE. 27524.Supreme Court of Georgia.SUBMITTED OCTOBER 11, 1972. DECIDED NOVEMBER 9, 1972. UNDERCOFLER, Justice. Willie Ponder, Jr. was convicted and sentenced for rape and sodomy. The appeal is from this judgment. Held: 1. The appellant contends that the trial court erred in denying his motion for new trial on […]

545 S.E.2d 912 ROACH v. GWINNETT COUNTY et al. S01A0331.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 SEARS, Justice. Appellant Irene Roach appeals from the trial court’s order directing that condemnation proceeds deposited in the court’s registry be paid in their entirety to appellees. Having reviewed the record, we agree with the trial court that […]

162 S.E.2d 313 WILSON et al. v. McQUEEN. 24680.Supreme Court of Georgia.ARGUED JUNE 11, 1968. DECIDED JUNE 20, 1968. Where a final and appealable judgment on demurrers was entered but was ordered superseded until further order and a second judgment was subsequently entered, a notice of appeal filed more than 30 days after the original […]

189 S.E.2d 389 HOLLIS v. AULT. 27108.Supreme Court of Georgia.SUBMITTED MARCH 15, 1972. DECIDED APRIL 6, 1972. GUNTER, Justice. In this case the appellant was initially found guilty by a jury of voluntary manslaughter and sentenced to 20 years imprisonment. That conviction was appealed, reversed, and a new trial was granted. The appellant then entered […]

410 S.E.2d 118 HARTLEY-SELVEY v. HARTLEY. S91A1344.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1991. CLARKE, Chief Justice. Appellant, former wife, filed an application for attachment for contempt against appellee, former husband, alleging that he had failed to pay his share of their minor child’s college expenses in violation of the settlement agreement incorporated into the […]

125 S.E.2d 495 LANDERS et al. v. GEORGIA PUBLIC SERVICE COMMISSION et al. 21555.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1962. DECIDED APRIL 10, 1962. REHEARING DENIED MAY 7, 1962. 1-8. A petition which fails to set forth the plaintiff’s right to any relief prayed is subject to general demurrer. 9. An assignment of error is […]

449 S.E.2d 291 IN THE MATTER OF CURTIS G. SHOEMAKER. Nos. S94Y1749, S94Y1751, S94Y1752.Supreme Court of Georgia. DECIDED OCTOBER 11, 1994. RECONSIDERATION DENIED NOVEMBER 21, 1994. PER CURIAM. The State Bar of Georgia filed three separate disciplinary actions against Curtis G. Shoemaker, alleging, in summary, that he violated Standards 4 (engaging in professional conduct involving […]

324 S.E.2d 170 BROOKS v. FREEPORT KAOLIN COMPANY et al. 41328.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. MARSHALL, Presiding Justice. This is a complaint by a landowner against, among other parties, the holder of a lease to mine kaolin and bauxite on the plaintiff’s property. The plaintiff’s property consists of approximately 100 acres and […]

315 S.E.2d 416 IN THE INTEREST OF J. E. P. III. 40398.Supreme Court of Georgia. DECIDED MAY 3, 1984. GREGORY, Justice. The Fulton County Juvenile Court entered an order extending a temporary award of custody of appellant’s child to the Department of Family and Children Services. Appellant appealed to the Court of Appeals without following […]

238 S.E.2d 427 McGARR v. McGARR. 32494.Supreme Court of Georgia.ARGUED JULY 12, 1977. DECIDED SEPTEMBER 8, 1977. HALL, Justice. Appellant husband appeals from a judgment granting him a divorce and awarding the appellee substantial alimony and child support. The suit was based upon grounds of cruel treatment; appellee counterclaimed on the same grounds. 1. Appellant […]

244 S.E.2d 46 AETNA LIFE INSURANCE COMPANY v. WEEKES et al. 33269.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1978. DECIDED APRIL 4, 1978. HILL, Justice. Aetna Life Insurance Co. filed this suit seeking equitable relief and naming as defendants the administrator of the estate of the deceased, the attorney for the deceased, and the widow. This […]

373 S.E.2d 4 GAINEY v. OLIVO; and vice versa. 45310, 45311.Supreme Court of Georgia. DECIDED OCTOBER 20, 1988. RECONSIDERATION DENIED NOVEMBER 9, 1988. BELL, Justice. We granted certiorari to consider two questions concerning the decision of the Court of Appeals in this case. Olivo v. Gainey, 185 Ga. App. 427 (364 S.E.2d 279) (1987). The […]

695 S.E.2d 1 ALFORD v. THE STATE et al. No. S10A0062.Supreme Court of Georgia. DECIDED APRIL 19, 2010. THOMPSON, Justice. Following a bench trial on February 13, 1995, Antonio Alford was convicted of DUI and for being a minor in possession of alcohol. Alford was sentenced to 12 months probation. He was not represented by […]

435 S.E.2d 47 McNEAL v. THE STATE. S93A1282.Supreme Court of Georgia. DECIDED OCTOBER 4, 1993. BENHAM, Justice. Appellant was convicted of the felony murder of the two-year-old son of his girl friend. The felony underlying the conviction was cruelty to children. OCGA § 16-5-70.[1] 1. The State presented evidence that shortly after the child was […]

24 S.E.2d 799 TRUST COMPANY OF GEORGIA, executor, v. FAUSS. 14426.Supreme Court of Georgia. MARCH 11, 1943. A suit was brought by an executor against the wife of the deceased, for the purpose of determining the ownership of money on deposit in a bank, which was claimed by the executor as part of the testator’s […]

155 S.E.2d 22 REID v. THE STATE. 24078.Supreme Court of Georgia.SUBMITTED MAY 8, 1967. DECIDED MAY 18, 1967. NICHOLS, Justice. While he was incarcerated in the State prison at Reidsville a “detainer” was placed on the appellant by the Sheriff of Hall County, as the result of two indictments for noncapital offenses being returned against […]

84 S.E.2d 4 NASSAU et al. v. SHEFFIELD et al. SHEFFIELD et al. v. SHEFFIELD et al. 18704, 18705.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1954. DECIDED OCTOBER 11, 1954. HAWKINS, Justice. Herbert Forsyth Sheffield died a resident of Camden County, Georgia. His widow, Mrs. Frances Sheffield, and one of his sons, Robert W. Sheffield, who […]

213 S.E.2d 868 TRULOVE v. TRULOVE. 29494.Supreme Court of Georgia.SUBMITTED DECEMBER 20, 1974. DECIDED MARCH 4, 1975. HILL, Justice. Kermit Mondale Trulove filed a complaint for divorce in Cobb Superior Court against Judy Lane Powell Trulove, appellant here. She filed an answer and counterclaim seeking a divorce, and made a timely demand for jury trial. […]

60 S.E.2d 378 HAGLER et al. v. HAGLER. 17173.Supreme Court of Georgia.JULY 12, 1950. REHEARING DENIED JULY 24, 1950. DUCKWORTH, Chief Justice. The petition of a brother and sister against the wife and sole heir of T. E. Hagler, whose estate owes no debts, praying for specific performance of either their alleged contract, while minors, […]

587 S.E.2d 48 KOBY v. KOBY. S03A0973.Supreme Court of Georgia. DECIDED OCTOBER 6, 2003. HINES, Justice. We granted the application for discretionary appeal in this divorce case to determine if the trial court was correct in denying the motion to set aside the judgment. Finding that the trial court granted relief beyond that requested in […]

179 S.E.2d 769 CARLISLE v. CARLISLE. 26274.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1971. DECIDED JANUARY 21, 1971. MOBLEY, Presiding Justice. John R. Carlisle appealed from a judgment overruling his plea to the jurisdiction in a divorce action. Appellee filed a motion to dismiss the appeal because the judgment is not one entitling appellant to direct […]

576 S.E.2d 899 IN THE MATTER OF AMAR PAL SINGH S02Z0075.Supreme Court of Georgia. Decided February 11, 2003 PER CURIAM. Petitioner Amar Pal Singh sat for the February 2001 Georgia bar examination. In May 2001, the Office of Bar Admissions (“OBA”) informed Singh he had not achieved a passing score. Singh filed this appeal in […]

56 S.E.2d 277 BROWN v. AKIN, SOLICITOR-GENERAL. 16863.Supreme Court of Georgia. NOVEMBER 14, 1949. ATKINSON, Presiding Justice. By the act of 1949 (Ga. L. 1949, p. 1007), it is made lawful to sponsor or hold “athletic events, games and contests” on Sunday by obtaining a permit from the governing body of the municipality or county, […]

495 S.E.2d 39 ROSSI v. OXLEY ET AL. S97G1206.Supreme Court of Georgia. DECIDED FEBRUARY 2, 1998 — RECONSIDERATION DENIED FEBRUARY 23, 1998. FLETCHER, Presiding Justice. The issue in this case is whether on-call arrangements among doctors create a joint venture such that the wrongful act of one doctor may be imputed to another in the […]

374 S.E.2d 729 O’DONNELL v. THE STATE. 45993.Supreme Court of Georgia. DECIDED JANUARY 6, 1989. CLARKE, Presiding Justice. Appellant’s trial for the murder of his brother’s estranged wife resulted in a conviction and a life sentence.[1] The evidence showed that the victim was last seen alive at appellant’s apartment where she went to buy drugs […]

91 S.E.2d 518 EVANS et al. v. ALLEN. 19215.Supreme Court of Georgia.SUBMITTED JANUARY 10, 1956. DECIDED FEBRUARY 14, 1956. DUCKWORTH, Chief Justice. 1. The attempt by the order of the Superior Court of Walker County, dated December 6, 1954, to add to the judgment awarding custody of a minor child conditions or qualifying terms whereby […]

21 S.E.2d 72 SLAUGHTER v. LAND et al. 14032.Supreme Court of Georgia. MAY 27, 1942. REHEARING DENIED JUNE 16, 1942. ATKINSON, Presiding Justice. 1. In substance, the action is by the entire membership of the church, an unincorporated religious institution, to recover the land “as church property,” alleged to have been used by the church […]

663 S.E.2d 218 BOYD v. THE STATE. No. S08A0474.Supreme Court of Georgia. DECIDED JUNE 30, 2008. HUNSTEIN, Presiding Justice. Eddie Clarence Boyd was convicted of malice murder and numerous additional charges arising from his acts at two businesses in downtown Cordele and the subsequent stabbing death of Lanny Michael (“Mike”) Morgan. The trial court denied […]

386 S.E.2d 129 CHAPMAN v. THE STATE. S89A0543.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1989. RECONSIDERATION DENIED DECEMBER 20, 1989. GREGORY, Justice. Appellant Robin Paige Chapman appeals her jury conviction of one count of felony murder. The trial judge sentenced her to life imprisonment. Chapman raises six enumerations of error. We affirm.[1] 1. In construing […]

186 S.E.2d 871 CHAFFIN v. STYNCHCOMBE. 26909.Supreme Court of Georgia.ARGUED JANUARY 10, 1972. DECIDED JANUARY 19, 1972. UNDERCOFLER, Justice. This appeal is from a judgment entered in an application for the writ of habeas corpus brought by James Chaffin against LeRoy Stynchcombe, Sheriff of Fulton County, Georgia. The applicant alleged that his imprisonment resulted from […]

97 S.E.2d 135 ATLANTIC COAST LINE RAILROAD CO. v. THOMPSON. 19604.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1957. DECIDED MARCH 11, 1957. In an action under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.), the factual issue as to whether the employer was negligent in failing to provide the employee a safe place […]

95 S.E.2d 790 ATTERBERRY v. THE STATE (three cases). 19518, 19519, 19520.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1956. DECIDED DECEMBER 5, 1956. REHEARING DENIED DECEMBER 18, 1956. HAWKINS, Justice. These are companion cases to that of Atterberry v. State, ante. Held: 1. There was sufficient evidence to authorize the verdicts, and the trial judge did […]

287 S.E.2d 180 DRAKE v. THE STATE (two cases). 38034, 38272.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1982. GREGORY, Justice. In case No. 38034 Henry Arthur Drake appeals from the denial of his extraordinary motion for new trial based on newly discovered evidence. Drake was convicted of the armed robbery and murder of a Madison […]

542 S.E.2d 504 IN THE MATTER OF THOMAS L. BURTON. S00Y1568.Supreme Court of Georgia. DECIDED: FEBRUARY 16, 2001. PER CURIAM. This disciplinary matter is before the Court on the special master’s decision and recommendation filed on April 20, 2000 pursuant to Bar Rule 4-217 (c). The special master’s recommendation comes subsequent to the filing of […]

189 S.E.2d 400 FOUNTAIN v. BRYAN et al. 27128.Supreme Court of Georgia.ARGUED APRIL 10, 1972. DECIDED MAY 3, 1972. JORDAN, Justice. Bryan sought mandamus to compel the County Commissioners of Peach County to maintain “Roads End Farm Road” which Fountain, the individual defendant, contended is a private road located on his land. The issue of […]

575 S.E.2d 462 RAMIREZ v. THE STATE. S02A1769.Supreme Court of Georgia. DECIDED: JANUARY 13, 2003 BENHAM, Justice. Bautista Ramirez has been indicted on one count of malice murder, one count of felony murder, two counts of aggravated assault, two counts of aggravated battery, and one count of carrying a concealed weapon. The charges arise out […]

139 S.E.2d 386 POSNER v. POSNER. 22678.Supreme Court of Georgia.SUBMITTED OCTOBER 13, 1964. DECIDED NOVEMBER 5, 1964. REHEARING DENIED DECEMBER 3, 1964. MOBLEY, Justice. 1. The rule for contempt for failure to pay alimony is predicated upon the judgment in the divorce case ordering the husband to pay alimony, and the “contempt proceeding in an […]

176 S.E.2d 88 DUNCAN v. DUNCAN. 25791.Supreme Court of Georgia.ARGUED MAY 11, 1970. DECIDED JULY 9, 1970. REHEARING DENIED JULY 28, 1970. The trial court erred, in its judgment granting the plaintiff wife a divorce, in placing the defendant husband under the disability to remarry, in the absence of any special prayer to that effect […]

486 S.E.2d 346 IN THE MATTER OF STEFANO A. DIDIO. S97Y0578, S97Y0580, S97Y0581, S97Y1045, S97Y1046, S97Y1047, S97Y1048, S97Y1049, S97Y1050.Supreme Court of Georgia. DECIDED JUNE 30, 1997. PER CURIAM. The Bar seeks and the Review Panel recommends that Stefano A. Didio be disbarred in these nine separate cases for his numerous Page 162 infractions of disciplinary […]

42 S.E.2d 378 PERRY v. HEFLIN et al. 15765.Supreme Court of Georgia. APRIL 17, 1947. CANDLER, Justice. 1. A judgment creditor can not levy his execution on land conveyed by a prior security deed, without first redeeming the land and proceeding otherwise as required by the Code, § 39-201. Nor will equity aid such a […]

100 S.E.2d 435 BRYDIE v. PRITCHARD. 19832.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1957. DECIDED OCTOBER 15, 1957. DUCKWORTH, Chief Justice. This action began in the fictitious form of ejectment, and contained a count for mesne profits. An answer having been filed, in which the defendant denied Page 589 possession, disclaimed any title or interest in […]

466 S.E.2d 588 ATLANTA CITY SCHOOL DISTRICT et al. v. DOWLING S95G1083Supreme Court of Georgia. DECIDED FEBRUARY 12, 1996 FLETCHER, Presiding Justice. The Atlanta Board of Education terminated Adrienne Dowling’s contract as general manager of the school board’s public television and radio stations. She sued and the trial court ordered the school board to reinstate […]

37 S.E.2d 182 SMITH v. DAVIS et al. SMITH v. DAVIS. 15388, 15389.Supreme Court of Georgia. FEBRUARY 19, 1946. JENKINS, Presiding Justice. L. E. Smith died on December 7, 1944, having executed two purported wills, one dated December 1, 1944, and the other dated December 5, 1944. That of December 1, 1944, named the widow, […]

108 S.E.2d 269 ELLIS v. CITY OF ATLANTA. 20387.Supreme Court of Georgia.SUBMITTED MARCH 10, 1959. DECIDED APRIL 9, 1959. HAWKINS, Justice. R. P. Ellis filed a petition for injunction against the City of Atlanta, in which he alleges that, on or about May 25, 1958, he received a notice from the defendant, a copy being […]

171 S.E.2d 123 BRANNON v. BRANNON. 25372.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1969. DECIDED NOVEMBER 6, 1969. FELTON, Justice. 1. Where the defendant father’s sole defense to a citation for contempt of court was his past and present lack of ability to comply with four previous court orders to pay alimony awarded by a previous […]

596 S.E.2d 582 PEARSON v. THE STATE. S04A0583.Supreme Court of Georgia. DECIDED MAY 3, 2004. CARLEY, Justice. A jury found Phillip Pearson guilty of malice murder but mentally ill, and it also returned guilty verdicts on an alternative felony murder count and on separate charges of aggravated assault and possession of a firearm during the […]

571 S.E.2d 369 MEEKS et al. v. CITY OF BUFORD et al. S02A0698.Supreme Court of Georgia. Decided October 15, 2002 HUNSTEIN, Justice. Appellants, trustees of a medical pension plan, appeal from the trial court’s order denying and dismissing their petition for declaratory and mandamus relief in a case in which appellants assert they have a […]

242 S.E.2d 53 JOHNSON v. THE STATE. 32550.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1977. DECIDED JANUARY 19, 1978. JORDAN, Justice. The question presented on this certiorari to the Court of Appeals is whether the principles of collateral estoppel and double jeopardy preclude the use of a crime, for which the probationer has been acquitted by […]

30 S.E.2d 612 McDANIEL v. THE STATE. 14865.Supreme Court of Georgia. JUNE 8, 1944. 1. The evidence was sufficient to authorize the verdict finding the defendant guilty of murder. 2. The exhibition to the jury of wounds received by a witness, by being cut with a knife by the defendant shortly before he fatally stabbed […]

537 S.E.2d 71 IN THE MATTER OF C. NELSON JARNAGIN S00Y1497.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Surrender of License of C. Nelson Jarnagin filed pursuant to Bar Rule 4-227 (a). Believing that the interests of the Bar and the […]

191 S.E.2d 830 KOEHLER et al. v. MASSELL et al. 27137.Supreme Court of Georgia.ARGUED APRIL 11, 1972. DECIDED SEPTEMBER 7, 1972. The complaint stated a claim for relief both for injunction and for damages and it was error to sustain the motion to dismiss it. ARGUED APRIL 11, 1972 — DECIDED SEPTEMBER 7, 1972. Injunction. […]