Category: Georgia Supreme Court Opinions

44 S.E.2d 255 BAKER v. CITY OF LAFAYETTE. 15925.Supreme Court of Georgia. SEPTEMBER 6, 1947. BELL, Justice. In the instant suit by an owner of pin-ball machines against the Mayor and Council of the City of LaFayette, praying for a judgment declaring that an ordinance of the city, prohibiting the operation of pin-ball machines and […]

60 S.E.2d 333 CLARKE v. THE STATE. 17130.Supreme Court of Georgia. JULY 11, 1950. ALMAND, Justice. 1. The constitutionality of Code § 45-512 was determined adversely to the contentions of the plaintiff in error by the decision of this court in Williams v. State, 206 Ga. 837 (59 S.E.2d 384), and the trial court did […]

202 S.E.2d 43 ROBERTS v. THE STATE. 28197.Supreme Court of Georgia.SUBMITTED AUGUST 10, 1973. DECIDED NOVEMBER 9, 1973. MOBLEY, Chief Justice. Lonnie Richard Roberts appeals from two convictions, armed robbery and aggravated assault. He enumerates two errors. 1. He alleges that: “The trial court instructed the defendant, Page 396 Lonnie Richard Roberts, in the presence […]

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 […]

40 S.E.2d 133 CLEIN et al. v. KAPLAN. 15611.Supreme Court of Georgia. OCTOBER 10, 1946. 1. The intent and purpose of the Declaratory Judgment Act is to declare rights, status, and legal relations between parties, and not to execute remedies. A petition containing an action in ejectment and a suit for specific performance is not […]

164 S.E.2d 813 CITY OF ALBANY et al. v. BOND et al.; and vice versa. 24784, 24809.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1968. DECIDED OCTOBER 10, 1968. REHEARING DENIED NOVEMBER 7, 1968. Where one referendum has been held under Georgia Laws 1964, page 771 (Code Ann. § 58-1083), relating to the sale of alcoholic beverages […]

304 S.E.2d 909 ABBA GANA v. ABBA GANA. 39352.Supreme Court of Georgia. DECIDED JULY 15, 1983. REHEARING DENIED JULY 28, 1983. BELL, Justice. This is an appeal from a judgment of divorce and several post-judgment motions challenging, inter alia, service of process. Both parties are Nigerian citizens. In 1971 they were married in a Nigerian […]

286 S.E.2d 430 DAVIS v. THE STATE. 37735.Supreme Court of Georgia. DECIDED JANUARY 20, 1982. CLARKE, Justice. This appeal involves a constitutional challenge to Code Ann. § 26-1704 (c). We hold the statutory scheme to be constitutional and affirm the trial court’s ruling that there were no grounds for dismissal of the indictment. Davis, a […]

97 S.E.2d 313 MILLER et al. v. COLEMAN et al. 19572.Supreme Court of Georgia.ARGUED JANUARY 15, 1957. DECIDED MARCH 11, 1957. REHEARING DENIED MARCH 25, 1957. HAWKINS, JUSTICE. S. M. Coleman and nine other citizens and residents on or near 39th Street East, in the City of Savannah, filed their petition for injunction against Henry […]

78 S.E.2d 33 BURGESS v. THE STATE. 18346.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1953. DECIDED OCTOBER 13, 1953. DUCKWORTH, Chief Justice. 1. Upon the trial under the indictment for murder, there was testimony of an eyewitness proving the killing in the manner alleged in the indictment. The verdict of guilty is therefore authorized by the […]

336 S.E.2d 571 MELWOOD, INC. et al. v. DeKALB COUNTY. 42678.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1985. WELTNER, Justice. Melwood, Inc. owns a tract of land in DeKalb County. One distinct parcel of this land is a cemetery. The other distinct parcel is undeveloped land which never has been subdivided for burial plots. No […]

655 S.E.2d 611 WOOD v. WOOD. No. S07F1474.Supreme Court of Georgia. DECIDED JANUARY 8, 2008. MELTON, Justice. Following a bench trial, Robert Allen Wood (Husband) and Diantha Wilkes Wood (Wife) were divorced for a second time pursuant to a final judgment and decree entered on July 26, 2006.[1] Pursuant to this Court’s pilot project for […]

269 S.E.2d 443 CHEEK et al. v. WAINWRIGHT et al. 36104.Supreme Court of Georgia.SUBMITTED MARCH 28, 1980. DECIDED JULY 16, 1980. CLARKE, Justice. This controversy involves ownership of a parcel of land located in Land Lot 85 of the 14th Land District, Taylor County, Georgia. Appellants, plaintiffs below, contended that the disputed parcel, upon which […]

240 S.E.2d 29 RICE v. RICE. 32638.Supreme Court of Georgia.SUBMITTED AUGUST 12, 1977. DECIDED NOVEMBER 2, 1977. REHEARING DENIED NOVEMBER 29, 1977. MARSHALL, Justice. The defendant husband appeals from the order denying his motion to dismiss his wife’s suit for divorce and alimony on the ground of lack of personal jurisdiction. 1. It was not […]

518 S.E.2d 418 IN THE MATTER OF FREDERICK JOSEPH HENLEY, JR. S98Y1474.Supreme Court of Georgia. DECIDED: MAY 3, 1999 PER CURIAM. Following disciplinary proceedings, the review panel recommended that Frederick Joseph Henley, Jr. be disbarred for several violations of bar rules arising out of his participation in an insurance fraud scheme. Henley contends that the […]

212 S.E.2d 372 HADDEN v. ROBBINS. 29549.Supreme Court of Georgia.ARGUED JANUARY 15, 1975. DECIDED JANUARY 29, 1975. REHEARING DENIED FEBRUARY 11, 1975. NICHOLS, Chief Justice. This appeal is from a judgment returning custody of a minor child (under the age of 14) to his mother. The mother had obtained legal custody of her two minor […]

277 S.E.2d 685 GAINER v. MOULTON. 37117.Supreme Court of Georgia. DECIDED APRIL 15, 1981. The judgment is affirmed without opinion under Rule 59. All the Justices concur. DECIDED APRIL 15, 1981. Title to land. Rockdale Superior Court. Before Judge Broome. Vaughn Barksdale, A. R. Barksdale, James M. Anderson III, for appellant. Edward E. Carriere, Jr., […]

105 S.E.2d 724 THOMPSON v. THE STATE. 20245.Supreme Court of Georgia.SUBMITTED OCTOBER 14, 1958. DECIDED NOVEMBER 7, 1958. The judgment of the court below denying the motion for new trial on the general grounds was error. SUBMITTED OCTOBER 14, 1958 — DECIDED NOVEMBER 7, 1958. Robbery by use of an offensive weapon. Chatham Superior Court. […]

336 S.E.2d 757 GOODMAN v. THE STATE. 42147.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1985. SMITH, Justice. A Spalding County jury found the appellant, Stephen Goodman, guilty of the murder and armed robbery of Lewis Miller. The appellant received two consecutive life sentences. He raises eighteen enumerations of error. We affirm.[1] The victim was a […]

243 S.E.2d 53 McDONALD v. THE STATE. 33311.Supreme Court of Georgia.SUBMITTED FEBRUARY 17, 1978. DECIDED MARCH 7, 1978. REHEARING DENIED MARCH 28, 1978. UNDERCOFLER, Presiding Justice. Appellant was convicted of murder and sentenced to life imprisonment. He appeals. The evidence shows appellant and his brother-in-law entered the victim’s store. The victim told them to leave […]

44 S.E.2d 647 HIEBER et al. v. BUCHANAN, receiver, et al. 15929.Supreme Court of Georgia. SEPTEMBER 9, 1947. REHEARING DENIED OCTOBER 23, 1947. The issues of fact involved, where a distress warrant is arrested by counter-affidavit and bond, can only be determined by a jury trial. No. 15929. SEPTEMBER 9, 1947. REHEARING DENIED OCTOBER 23, […]

526 S.E.2d 331 IVEY, et al. v. STANLEY. S99A1628.Supreme Court of Georgia. DECIDED: FEBRUARY 14, 2000 HINES, Justice. Ivey, administrator of the estate of Richard Stanley, Jr., appeals from a judgment finding that the decedent’s son, Richard Stanley, III, was the owner of two real estate parcels and the funeral homes that operated on them. […]

228 S.E.2d 879 RATCLIFF v. THE STATE. 31302.Supreme Court of Georgia.SUBMITTED JULY 2, 1976. DECIDED SEPTEMBER 8, 1976. HILL, Justice. This is an out-of-time appeal. James Ratcliff was found guilty of the armed robbery of a grocery store. His appeal involves the subpoenaing of two witnesses and the denial of a continuance. Three robbers entered […]

256 S.E.2d 463 BUTLER v. CARPENTER. 34882.Supreme Court of Georgia.ARGUED MAY 14, 1979. DECIDED MAY 31, 1979. HALL, Justice. Under the terms of the applicable divorce decree, child custody was given to former wife, and husband was ordered to “pay all medical … expenses for both … children … upon presentation to him by the […]

122 S.E.2d 84 SPEER v. SPEER. 21402.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1961. DECIDED OCTOBER 5, 1961. HEAD, Presiding Justice. Charlotte Gaye Speer filed a petition for divorce in Fulton Superior Court against Robert Dean Speer, in which she prayed for alimony for the support of their minor child, Bryan Lee Speer, and the custody […]

379 S.E.2d 517 IN THE MATTER OF ROBERT K. HUDNALL. SUPREME COURT DISCIPLINARY NOS. 586, 595, 596, 597, 600, 601, 611, 612, 613, 614.Supreme Court of Georgia. DECIDED MAY 25, 1989. PER CURIAM. Respondent Robert K. Hudnall has petitioned for voluntary surrender of his license to practice law in the State of Georgia. Respondent Hudnall […]

106 S.E.2d 23 CITY OF MACON v. MASSEY. 20204.Supreme Court of Georgia.ARGUED OCTOBER 14, 1958. DECIDED NOVEMBER 7, 1958. REHEARING DENIED NOVEMBER 19, 1958. 1. This court has constitutional authority to review by certiorari any judgment of the Court of Appeals in a contempt proceeding. The motion to dismiss the writ of certiorari is denied. […]

223 S.E.2d 715 HARRISON v. THE STATE. 30676.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1975. DECIDED FEBRUARY 24, 1976. HALL, Justice. Harrison appeals from the conviction for murder and his sentence of life imprisonment. 1. The evidence, while in conflict, supports the verdict of the jury. 2. The trial court properly charged the jury with respect […]

9 S.E.2d 621 MITCHELL v. TURNER, administratrix, et al. 13129.Supreme Court of Georgia. JUNE 13, 1940. BELL, Justice. 1. Where, in an equitable action by an administratrix de bonis non, against the surety on the bond of her deceased predecessor and another person as alleged fraudulent grantee of the surety, the plaintiff sought injunction, cancellation, […]

74 S.E.2d 850 CARSWELL et al. v. SHANNON, executor, et al. 18100.Supreme Court of Georgia.ARGUED JANUARY 14, 1953. DECIDED FEBRUARY 24, 1953. 1. Judgments and decrees speak for themselves, and our rules of procedure, pleading, and practice make no provision for a proceeding to construe and clarify them. 2. After the expiration of the term […]

251 S.E.2d 304 LAWSON v. THE STATE. 34270.Supreme Court of Georgia.SUBMITTED NOVEMBER 17, 1978. DECIDED DECEMBER 5, 1978. REHEARING DENIED DECEMBER 19, 1978. UNDERCOFLER, Presiding Justice. Lawson was convicted by a jury of theft-by-taking and was sentenced to three years. Upon the payment of a $500 fine, restitution of $279 and serving eight weekends in […]

309 S.E.2d 616 JOHNSON et al. v. PEACHTREE CAB COMPANY, INC. d/b/a COURTESY CAB COMPANY et al. 40201.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1983. REHEARING DENIED DECEMBER 15, 1983. MARSHALL, Presiding Justice. This is a suit to mandamus certain City of Atlanta administrative officials, appellants, into issuing Certificates of Public Necessity and Convenience (CPNC’s) […]

134 S.E.2d 22 OSBORN et al. v. YOUMANS, Executrix; and vice versa. 22214, 22215.Supreme Court of Georgia.ARGUED OCTOBER 14, 1963. DECIDED NOVEMBER 7, 1963. REHEARING DENIED NOVEMBER 19, 1963. CANDLER, Justice. On May 1, 1957, J. R. Youmans for a consideration of $91,250 sold and conveyed to Ralph L. Holland certain real and personal property […]

181 S.E.2d 867 YOUNG v. YOUNG. 26456.Supreme Court of Georgia.SUBMITTED APRIL 12, 1971. DECIDED MAY 6, 1971. NICHOLS, Justice. Louis M. Young, Sr. filed a complaint seeking a divorce from Mary G. Young. The complaint also sought title to an eight-acre tract of land with a brick home located thereon. Four days after the plaintiff’s […]

193 S.E.2d 827 DONEHOO et al. v. DONEHOO et al. CITIZENS SOUTHERN NATIONAL BANK OF GEORGIA v. DONEHOO et al. 27464, 27465.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1972. DECIDED OCTOBER 5, 1972. An examination of the whole will in the present case and a consideration of the weight properly given to each sentence requires a […]

181 S.E.2d 388 GENTRY v. CONSOLIDATED CREDIT CORPORATION OF FLOYD COUNTY. 26358.Supreme Court of Georgia.ARGUED MARCH 8, 1971. DECIDED APRIL 8, 1971. ALMAND, Chief Justice. This appeal is from a judgment granted on motion of plaintiff for summary judgment on his complaint, which sought to recover a money judgment on a promissory note. In defendant’s […]

290 S.E.2d 427 WIGGINS v. THE STATE. 38368.Supreme Court of Georgia. DECIDED APRIL 21, 1982. JORDAN, Chief Justice. Wiggins’ interlocutory appeal from the denial of his motion to suppress comes to this court because, during his prosecution for a highway speeding violation, he challenged the constitutionality of the provision of Code Ann. § 68-2101 (c)(2) […]

260 S.E.2d 890 WOOD et al. v. ROBERTS et al. 34915.Supreme Court of Georgia.ARGUED MAY 15, 1979. DECIDED OCTOBER 23, 1979. PER CURIAM. This is an appeal from a declaratory judgment holding the appellees to be takers under a will which is the subject of this suit. Alex Reeves, the testator, died in 1970. The […]

591 S.E.2d 777 TARVIN v. THE STATE. S03A1763.Supreme Court of Georgia. DECIDED JANUARY 12, 2004. THOMPSON, Justice. Stanley Tarvin was convicted of arson in the first degree, felony murder, and four counts of aggravated assault, resulting from a fire set at a residence occupied by Carrie Lynn Coleman, her four children, and her twelve-year-old brother.[1] […]

233 S.E.2d 355 GOODMAN v. ELECTION BOARD OF FULTON COUNTY et al. 31881.Supreme Court of Georgia.ARGUED JANUARY 25, 1977. DECIDED FEBRUARY 14, 1977. PER CURIAM. Petitioner Goodman was denied mandamus by Fulton Superior Court on November 22, 1976. The petition for mandamus sought to compel the election board of Fulton County to call an election […]

361 S.E.2d 156 JACKSON v. THE STATE. 44452.Supreme Court of Georgia. DECIDED OCTOBER 8, 1987. SMITH, Justice. This is an appeal from the trial court’s denial of a plea of former jeopardy. We affirm. The appellant, Deborah Sue Jackson, was indicted on two counts of murder for the deaths of her mother and stepfather. At […]

271 S.E.2d 168 FOWLER v. THE STATE. 36565.Supreme Court of Georgia.SUBMITTED AUGUST 8, 1980. DECIDED SEPTEMBER 5, 1980. NICHOLS, Justice. John Henry Fowler was convicted for the murder of Billy Gentry, and was sentenced to life imprisonment. Four enumerations of error are presented on appeal. 1. The jury heard evidence that Fowler, Gentry and others […]

669 S.E.2d 118 BUTLER v. THE STATE. No. S08A1629.Supreme Court of Georgia. DECIDED NOVEMBER 3, 2008. MELTON, Justice. Following a jury trial, Marquee Butler appeals his convictions for felony murder and conspiracy to commit aggravated sodomy, [1] contending, among other things, that the evidence was insufficient to Page 621 support the verdict. For the reasons […]

549 S.E.2d 402 SCHRAMM v. THE STATE S01A1165.Supreme Court of Georgia. DECIDED: JULY 16, 2001 BENHAM, Justice. While a pedestrian on a McDuffie County road, Kyle Conrad White III was struck and killed by a van driven by appellant Mathew David Schramm. Schramm was convicted of malice murder in connection with White’s death, as well […]

84 S.E.2d 56 NAPIER et al. v. NAPIER et al., and vice versa. 18720, 18723.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1954. DECIDED OCTOBER 14, 1954. The judgment of the court below upon the questions involved in count two of the petition in the instant case was not error for any reason assigned. ARGUED SEPTEMBER 15, […]

631 S.E.2d 356 HOWE ASSOCIATES, P.C. v. DANIELS. S05G1913.Supreme Court of Georgia. DECIDED JUNE 12, 2006. RECONSIDERATION DENIED JULY 17, 2006. THOMPSON, Justice. We granted certiorari to the Court of Appeals i Howe Assoc. v. Daniels, 21A Ga. App. 312 (618 SE2d 42) (2005), to inquire whether an attorney’s lien was correctly enforced even though […]

135 S.E.2d 899 HOOKS, formerly AVRET v. AVRET. 22381.Supreme Court of Georgia.SUBMITTED FEBRUARY 10, 1964. DECIDED MARCH 5, 1964. QUILLIAN, Justice. James C. Avret brought his suit in the Richmond Superior Court against Mildred M. Hooks, formerly Avret, seeking modification of a prior child support judgment. The petition as amended alleged that the plaintiff paid […]

245 S.E.2d 303 NESBIT v. NESBIT. 33500.Supreme Court of Georgia.SUBMITTED MAY 8, 1978. DECIDED MAY 23, 1978. BOWLES, Justice. Andrea Nesbit, now Cockrum, brought a citation for contempt against Joseph Howard Nesbit, her former husband, based on his failure to comply with a final judgment and decree from DeKalb Superior Court in the year 1972, […]

164 S.E.2d 831 JONES v. THE STATE. 24538.Supreme Court of Georgia. DECIDED NOVEMBER 21, 1968. NICHOLS, Justice. Whereas the Supreme Court of the United States by judgment of that court, dated October 14, 1968, (21 L.Ed.2d 23) after the grant of the writ of certiorari in this case, remanded the case to this court for […]

327 S.E.2d 726 GEORGIA PUBLIC SERVICE COMMISSION et al. v. SOUTHERN BELL. KIRKLAND, CONSUMERS UTILITY COUNSEL v. SOUTHERN BELL. 42025, 42026.Supreme Court of Georgia. DECIDED APRIL 2, 1985. CLARKE, Justice. This appeal presents the question of whether the judge of a superior court is authorized to grant interlocutory injective relief when performing the role of […]

390 S.E.2d 594 QUINONES v. MAIER BERKELE, INC. et al. S89G0520.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1990. RECONSIDERATION DENIED MARCH 12, 1990. PER CURIAM. We granted certiorari in this case on the questions of whether the allegedly defamatory information was published and whether a police officer is “on duty” while providing security services to […]

183 S.E.2d 745 APOSTOLIC OVERCOMING HOLY CHURCH OF GOD, INC. v. DAVIS et al. 26621.Supreme Court of Georgia.ARGUED JULY 12, 1971. DECIDED SEPTEMBER 8, 1971. The trial judge did not abuse his discretion in refusing to enjoin the appellee from conducting religious services in church property claimed to be owned by the appellant church, prior […]

296 S.E.2d 48 PAUL v. PAUL. 38971.Supreme Court of Georgia. ORDERED SEPTEMBER 14, 1982. REHEARING DENIED OCTOBER 19, 1982. ORDER OF COURT. It appearing that the appellant failed to file an application for discretionary appeal as required by Ga. L. 1979, p. 619 (Code Ann. § 6-701.1), it is ordered that this appeal be hereby […]

165 S.E.2d 829 GREENWAY v. DeFEE. 25024.Supreme Court of Georgia.ARGUED JANUARY 13, 1969. DECIDED JANUARY 23, 1969. ALMAND, Presiding Justice. Milliwan W. Greenway, in her complaint against Jewell L. DeFee and others, sought only to temporarily and permanently enjoin the defendants from running as write-in candidates for the office of Treasurer of Cobb Page 61 […]

696 S.E.2d 652 TAYLOR v. THE STATE. No. S10A0556.Supreme Court of Georgia. DECIDED JUNE 28, 2010. HUNSTEIN, Chief Justice. Appellant Henry Taylor was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Gregory Smith.[1] Finding no error, we affirm. Page 441 1. […]

175 S.E.2d 847 J. D. JEWELL, INC. et al. v. HANCOCK, District Attorney. 25749.Supreme Court of Georgia.ARGUED APRIL 13, 1970. DECIDED MAY 19, 1970. REHEARING DENIED JUNE 25, 1970. 1. The motion to dismiss is denied. 2. An action for injunction may be brought in the county of the residence of a joint tortfeasor participating […]

463 S.E.2d 125 McCLURE v. RAPER et al. S95A0699.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1995. RECONSIDERATION DENIED DECEMBER 14, 1995. HINES, Justice. Defendant Bobby Wayne McClure appeals a judgment awarding damages and imposing a constructive trust following a jury verdict in favor of his former wards, his niece, Barbara Ann McClure Raper, and his […]

670 S.E.2d 787 GENERAL MOTORS CORPORATION v. CITY OF DORAVILLE. No. S08A1059.Supreme Court of Georgia. DECIDED NOVEMBER 25, 2008. MELTON, Justice. General Motors (“GM”) appeals from an order from the Superior Court of DeKalb County, which denied GM a refund of taxes that Page 690 it paid to the City of Doraville in connection with […]

128 S.E.2d 51 GREER v. GREER, Guardian, et al. 21758.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1962. DECIDED OCTOBER 4, 1962. REHEARING DENIED OCTOBER 22, 1962. QUILLIAN, Justice. 1. This is not a suit in which the right of recovery is based upon the plaintiff having furnished necessaries upon the failure of the guardian to supply […]

368 S.E.2d 507 JOHNSON v. THE STATE. 45653.Supreme Court of Georgia. DECIDED JUNE 1, 1988. CLARKE, Presiding Justice. A jury convicted Johnson of the murder of Joseph Weaver and the court sentenced him to life in prison. On appeal, Johnson contends the evidence fails to support the conviction as a matter of law. We disagree […]

67 S.E.2d 573 BEAM v. THE STATE. 17640.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1951. DECIDED NOVEMBER 13, 1951. WYATT, Justice. 1. The only argument presented in this court in so far as the general grounds of the motion for new trial are concerned is, “We respectfully insist that a new trial should be granted on […]

523 S.E.2d 307 STAFFORD v. THE STATE. S99A1245.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 SEARS, Justice. The appellant, James Stafford, appeals from his convictions and sentences for the felony murder of Jami Carter, for the aggravated assault of Michael Barnett, and for driving with an unlawful blood alcohol level.[1] On appeal, Stafford contends, among […]

63 S.E.2d 326 BUDREAU v. MINGLEDORFF et al., executors, et al. 17294.Supreme Court of Georgia.JANUARY 8, 1951. REHEARING DENIED FEBRUARY 15, 1951. 1. A trust is executory when something remains to be done by the trustee, either to secure the property, to ascertain the objects of the trust, to distribute according to a specified mode, […]

164 S.E.2d 843 TERRELL v. FAIR. 24883.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1968. DECIDED NOVEMBER 7, 1968. MOBLEY, Justice. The appeal is from a judgment modifying an alimony judgment, increasing the weekly payment for the support of the minor child of the parties. Held: 1. The judgment was appealable and the motion to dismiss the […]

269 S.E.2d 860 IN THE MATTER OF LANGLEY. SUPREME COURT DISCIPLINARY NO. 102.Supreme Court of Georgia. DECIDED JULY 16, 1980. PER CURIAM. Mr. Langley was charged with violations of Standard 44 (wilful abandonment or disregard of a legal matter) and Standard 23 (failure to refund a fee paid in advance that has not been earned). […]

65 S.E.2d 406 WEST VIEW CORPORATION v. ALSTON et al. 17440.Supreme Court of Georgia.ARGUED APRIL 10, 1951. DECIDED MAY 22, 1951. REHEARING DENIED JUNE 13, 1951. The decree in this case was not authorized under the terms of the contract between the parties, and it was error to grant an injunction. No. 17440. ARGUED APRIL […]

183 S.E.2d 363 WHITE et al. v. TURBIDY. 26408.Supreme Court of Georgia.ARGUED MARCH 9, 1971. DECIDED JULY 12, 1971. REHEARING DENIED JULY 30, 1971. HAWES, Justice. The appeal here is from the grant of a summary judgment for the defendant. Plaintiffs White, Palmer and Gilbert sued defendant Turbidy seeking to enjoin the foreclosure of a […]

38 S.E.2d 738 HUBBARD et al. v. WHATLEY. 15474.Supreme Court of Georgia. JUNE 4, 1946. 1. Under the law as applied to the facts, it was proper to dismiss, on general demurrer, the petition to vacate and set aside a verdict and decree. (a) Acts or conduct which are claimed to be wrongful, but upon […]

20 S.E.2d 431 POE et al. v. SMITH et al. 14084.Supreme Court of Georgia. MAY 21, 1942. ATKINSON, Presiding Justice. 1. Under proper construction the petition as amended alleges a fiduciary relation between the attorney and the plaintiffs. In such circumstances the allegations charged actual fraud in the procurement of the papers. 2. The allegations […]

128 S.E.2d 331 EDENFIELD v. THE STATE. 21816.Supreme Court of Georgia.SUBMITTED OCTOBER 8, 1962. DECIDED OCTOBER 30, 1962. GRICE, Justice. Code Ann. § 26-6301 (Ga. L. 1956, p. 801) having been declared unconstitutional and void by this court in the case of Simpson v. State, 218 Ga. 337 (127 S.E.2d 907), it was error to […]

458 S.E.2d 343 STONE v. WILLIAMS. S95A0235.Supreme Court of Georgia. DECIDED JUNE 26, 1995. THOMPSON, Justice. In 1958, Harlan Williams bought lots 17, 18, 19, and 20 of Westboundary Subdivision in Dalton, Georgia, and, one year later, he purchased adjoining lot 16. At all times between 1958 and his death in 1993, Mr. Williams’s name […]

91 S.E.2d 749 GRIER v. THE STATE. 19198.Supreme Court of Georgia.ARGUED JANUARY 10, 1956. DECIDED FEBRUARY 15, 1956. REHEARING DENIED FEBRUARY 29, 1956. The trial judge did not err in denying the motion for new trial as amended. ARGUED JANUARY 10, 1956 — DECIDED FEBRUARY 15, 1956 — REHEARING DENIED FEBRUARY 29, 1956. Murder. Before […]

458 S.E.2d 618 GARRETT et al. v. MORTON. S95A0274.Supreme Court of Georgia. DECIDED MAY 8, 1995. HUNT, Chief Justice. The testatrix, Kathryn Morton, left a will with the following provision: I hereby specifically [sic] and bequeath any interests in real property I may own at the time of my death to my daughter Kathryn Ann […]

41 S.E.2d 426 REED v. THE STATE. 15665.Supreme Court of Georgia. FEBRUARY 4, 1947. In the trial of the defendant for rape upon a female under the age of 14 years, the evidence of the prosecutrix was corroborated as required by the Code, § 26-1304, and it was, therefore, not error to overrule the general […]

282 S.E.2d 301 MARSHALL v. THE STATE. 37551.Supreme Court of Georgia. DECIDED SEPTEMBER 29, 1981. MARSHALL, Justice. Defendant John Lincoln Marshall, a juvenile, appeals from his convictions in Cobb Superior Court of murder and rape, for which he received two concurrent life sentences. The sole issue before us is whether the trial court erred in […]

344 S.E.2d 643 BODDIE v. THE STATE. 43328.Supreme Court of Georgia. DECIDED JUNE 24, 1986. CLARKE, Presiding Justice. Appellant came to the house in Columbus, Georgia, where his wife, the victim, was staying and, after a brief exchange of words, he pulled out a pistol demanding that his wife return his automobile. Kathy Mathis, the […]

144 S.E.2d 384 CARSON et al. v. STATE OF GEORGIA, ex rel. PRICE. BAXTER v. STATE OF GEORGIA, ex rel. PRICE. BAXTER v. STATE OF GEORGIA, ex rel. BROWN. CARSON et al. v. STATE OF GEORGIA, ex rel. BROWN. 23040, 23041, 23042, 23044.Supreme Court of Georgia.ARGUED JULY 12, 1965. DECIDED SEPTEMBER 14, 1965. 1. The […]

186 S.E.2d 752 FOLSOM v. FOLSOM. 26868.Supreme Court of Georgia.ARGUED DECEMBER 13, 1971. DECIDED JANUARY 6, 1972. The award of custody of minor children to their mother was not erroneous. ARGUED DECEMBER 13, 1971 — DECIDED JANUARY 6, 1972. Child custody. Bibb Juvenile Court. Before Judge McGehee. W. J. Patterson, Jr., for appellant. Page 537 […]

42 S.E.2d 441 FOSTER, Sheriff, et al. v. SIKES. 15698.Supreme Court of Georgia. APRIL 16, 1947. In the conspiracy charged against the officers, no damage was shown to the party complaining, and the trial court did not err in sustaining the general demurrer to the petition. No. 15698. APRIL 16, 1947. Certiorari; from Court of […]

187 S.E.2d 867 FULFORD et al. v. FULFORD. 26990.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1972. DECIDED MARCH 9, 1972. A review of the transcript of the evidence does not disclose that a verdict was demanded for the defendants. ARGUED FEBRUARY 14, 1972 — DECIDED MARCH 9, 1972. Injunction. Wheeler Superior Court. Before Judge O’Connor. The […]

74 S.E.2d 546 HARRISON v. KELLY. 18093.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1953. DECIDED FEBRUARY 9, 1953. REHEARING DENIED FEBRUARY 25, 1953. 1. Where, during the hearing of a habeas corpus proceeding by the father to change or modify a judgment awarding the minor child to the mother, the judge announces in the presence of […]

352 S.E.2d 572 DIXON v. THE STATE. 43813.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1987. HUNT, Justice. Robert Lee Dixon was tried by a jury, convicted of the murder of his wife, Mary L. Dixon, and sentenced to life imprisonment.[1] He appeals, enumerating as error the sufficiency of the evidence and the Page 659 trial […]

411 S.E.2d 871 PHILLIPS v. TITTLE. S92A0018.Supreme Court of Georgia. DECIDED JANUARY 16, 1992. FLETCHER, Justice. We granted this discretionary application to consider whether the trial court should have issued an unconditional order providing for the arrest and ten-day incarceration of Sheila Diane Phillips. The trial court found Phillips in contempt of court for failing […]

199 S.E.2d 793 SMITH v. THE STATE. 28042.Supreme Court of Georgia.SUBMITTED JUNE 29, 1973. DECIDED SEPTEMBER 5, 1973. The rule that any act done in pursuance of a conspiracy by one of the conspirators is in legal contemplation the act of all, is subject to the qualification that each conspirator is responsible for the acts […]

107 S.E.2d 654 STATE HIGHWAY DEPARTMENT et al. v. HOOKS. 20292.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1959. DECIDED FEBRUARY 6, 1959. REHEARING DENIED MARCH 6, 1959. DUCKWORTH, Chief Justice. The petition of V. H. Hooks against the State Highway Department of Georgia, Emanuel County, Jerome Waller, W. L. Wilkes, and R. G. Foster Company, alleges […]

389 S.E.2d 240 WOMACK v. THE STATE. S90G0187.Supreme Court of Georgia. DECIDED MARCH 13, 1990. WELTNER, Justice. Womack was convicted of sodomy in two separate cases, each based upon an accusation identifying different individuals as victims. He waived indictment and a jury, and proceeded to the trial of both cases on a stipulation of facts. […]

418 S.E.2d 13 ALFORD v. PUBLIC SERVICE COMMISSION et al. S92A0252.Supreme Court of Georgia. DECIDED JULY 7, 1992. RECONSIDERATION DENIED JULY 30, 1992. FLETCHER, Justice. This appeal concerns the interpretation of the involuntary separation retirement provisions of OCGA § 47-2-123 (g) and (h).[1] Judy Alford worked as confidential secretary to Public Service Commissioner Ford Spinks […]