Category: Georgia Supreme Court Opinions

114 S.E.2d 38 BLACK et al. v. BARNES. 20833.Supreme Court of Georgia.ARGUED MARCH 15, AND 16, 1960. DECIDED APRIL 4, 1960. A party is not entitled to an injunction when, with full knowledge of his rights, he has been guilty of delay and laches in Page 828 asserting them, and has negligently suffered large expenditures […]

17 S.E.2d 725 COLLINS v. THE STATE. 13940.Supreme Court of Georgia. NOVEMBER 12, 1941. DUCKWORTH, Justice. The only assignment of error in the present bill of exceptions is on the judgment overruling the motion for a new trial, which motion was based on the general grounds only, challenging the sufficiency of the evidence to support […]

141 S.E.2d 891 SIZEMORE et al. v. COKER. 22865.Supreme Court of Georgia.ARGUED MARCH 8, 1965. DECIDED APRIL 8, 1965. Since Code § 72-201 undertakes to confer upon justice of the peace courts jurisdiction to abate a nuisance, and such actions are beyond the jurisdiction of such courts as limited by Art. VI, Sec. VII, Par. […]

150 S.E.2d 683 GEORGE v. AMERICAN CREDIT CONTROL, INC. et al. 23619.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1966. DECIDED SEPTEMBER 22, 1966. DUCKWORTH, Chief Justice. All costs shall be paid in the court below or the appellant shall make affidavit that he is unable to pay such costs before the clerk transmits the record to […]

279 S.E.2d 442 IN THE MATTER OF ZAGORIA. SUPREME COURT DISCIPLINARY NO. 33.Supreme Court of Georgia. DECIDED JUNE 16, 1981. PER CURIAM. The findings of the State Disciplinary Board that respondent violated State Bar Rule 4-102 (a) in 1970 by concealing a material fact in procuring admission to the Bar, and violated State Bar Rule […]

228 S.E.2d 803 DENSMORE v. DENSMORE. 31139.Supreme Court of Georgia.ARGUED MAY 11, 1976. DECIDED SEPTEMBER 7, 1976. GUNTER, Justice. This appeal is by the former wife from a divorce, permanent alimony, and property division judgment that was entered pursuant to the verdict of a jury. Although the appellant has enumerated six errors, her brief states […]

544 S.E.2d 432 JOSE MARTINEZ HIGH v. THE STATE. Case No. S01M0934Supreme Court of Georgia. DECIDED: MARCH 21, 2001 The Honorable Supreme Court met pursuant to adjournment. The following order was passed: Having considered the petitioner’s Motion for Stay of Execution filed in this Court, this Court grants the motion until it addresses whether death […]

87 S.E.2d 65 TINNERMAN v. BALDWIN. 18902.Supreme Court of Georgia.ARGUED MARCH 14, 1955. DECIDED APRIL 11, 1955. 1. A subscribing witness to a will may give his opinion as to the sanity of the testator at the time of the execution of the will without setting forth facts upon which such opinion is founded. 2. […]

166 S.E.2d 89 BOURN v. HERRING et al. MATHIS v. HERRING et al. R. L. MATHIS CERTIFIED DAIRY COMPANY v. HERRING et al. GRANT PARK BAPTIST CHURCH v. HERRING et al. 24847, 24851, 24852, 24853.Supreme Court of Georgia.ARGUED DECEMBER 10, 1968. DECIDED JANUARY 9, 1969. REHEARING DENIED JANUARY 23 AND FEBRUARY 6, 1969. UNDERCOFLER, Justice. […]

150 S.E.2d 922 HILLIS, Guardian v. CLARK et al. 23708.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1966. DECIDED OCTOBER 10, 1966. An equitable petition filed in 1965 alleging that the deed sought to be canceled was executed in 1944 and recorded in 1956; that the grantor, whose signature is alleged to be a forgery, is Page […]

47 S.E.2d 567 KEEN v. RODGERS, executor, et al. 16116.Supreme Court of Georgia. APRIL 16, 1948. JENKINS, Chief Justice. 1. “The assent of the executor to a legacy to the tenant for life inures to the benefit of the remainderman. Remaindermen, at the termination of the life estate, may take possession immediately.” Code, § 85-709. […]

670 S.E.2d 59 SINCLAIR v. SINCLAIR. No. S08A1172.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. CARLEY, Justice. Mary H. Sinclair (Testatrix) executed a will designating as beneficiaries Appellant Ben H. Sinclair and Appellees Upton M. Sinclair and Joanne Sinclair. The will also appointed Upton M. Sinclair as her executor (Executor) and contained the following in […]

705 S.E.2d 616 LOYD v. THE STATE. No. S10P1772.Supreme Court of Georgia. DECIDED JANUARY 10, 2011. RECONSIDERATION DENIED FEBRUARY 7, 2011. HUNSTEIN, Chief Justice. Roger Lynn Loyd pled guilty in this death penalty case to the malice murder of three-year-old Tevin Hammonds and to related crimes committed against the child. Loyd waived his right to […]

271 S.E.2d 474 IN THE MATTER OF BARRON. SUPREME COURT DISCIPLINARY NO. 108.Supreme Court of Georgia. DECIDED SEPTEMBER 10, 1980. PER CURIAM. Nancy E. Barron was charged with violating Standard 65 of Rule 4-102 in Part IV (Discipline) of the Rules and Regulations of the State Bar of Georgia, which provides: “A lawyer shall not […]

152 S.E.2d 570 MOORE v. THE STATE. 23760.Supreme Court of Georgia.ARGUED OCTOBER 11, 1966. DECIDED NOVEMBER 4, 1966. REHEARING DENIED NOVEMBER 23, 1966. 1. The general grounds of the motion for new trial are without merit, as the evidence strongly supports and was fully sufficient to sustain the verdict of the jury. 2. The confession […]

668 S.E.2d 649 DORSEY v. KENNEDY. No. S08A1096.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. RECONSIDERATION DENIED OCTOBER 27, 2008. SEARS, Chief Justice. This appeal arises out of a will contest. Harold L. Kennedy, Sr., died on August 21, 2006, after a long battle with dementia. Dorothy B. Dorsey submitted a July 29, 1999 document […]

267 S.E.2d 253 SEA ISLAND BANK v. FIRST BULLOCH BANK TRUST COMPANY et al. 35722.Supreme Court of Georgia.ARGUED JANUARY 16, 1980. DECIDED APRIL 29, 1980. JORDAN, Presiding Justice. This is an interlocutory appeal from the grant of an interlocutory injunction against appellant Sea Island Bank. First Bulloch, plaintiff below, purchased a tract of land, on […]

417 S.E.2d 657 HAIR v. THE STATE. S92A0096.Supreme Court of Georgia. DECIDED JUNE 25, 1992. BELL, Justice. Earl Douglas Hair appeals from his conviction and sentence for malice murder, armed robbery, and burglary.[1] 1. There was evidence that appellant burglarized the house of Jack Keith, and thereafter beat Keith to death with a stick and […]

239 S.E.2d 681 BRADLEY v. ADAMS. 32914.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1977. DECIDED NOVEMBER 2, 1977. NICHOLS, Chief Justice. The appellant appeals from the judgment of the trial court which found him in contempt for failing to pay child support as directed by a prior divorce decree and which ordered him to pay an […]

144 S.E.2d 723 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HODGES. 22960.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1965. DECIDED SEPTEMBER 22, 1965. REHEARING DENIED OCTOBER 7, 1965. Where the insurance policy provides that “Liability for all damages …, arising out of bodily injury, … sustained by one person in any one accident shall not exceed […]

249 S.E.2d 254 KIPLINGER v. KIPLINGER. 33477.Supreme Court of Georgia.SUBMITTED APRIL 14, 1978. DECIDED OCTOBER 31, 1978. JORDAN, Justice. On September 2, 1977, appellant filed an action for contempt against her former husband for nonpayment of support. Appellant now appeals portions of the trial court’s order of November 30, 1977, which reduced the amount of […]

560 S.E.2d 659 ANDERSON v. THE STATE. S01A1406.Supreme Court of Georgia. DECIDED: FEBRUARY 25, 2002. FLETCHER, Chief Justice. A jury convicted Mozel Anderson of malice murder for shooting William Brewster to death. Although Anderson enumerates several errors on appeal, the principal issues involve the trial court’s instructions to the jury. Because there is no reversible […]

680 S.E.2d 856 BODY OF CHRIST OVERCOMING CHURCH OF GOD, INC. v. BRINSON. No. S09A0295.Supreme Court of Georgia. DECIDED JUNE 29, 2009. HINES, Justice. The Body of Christ Overcoming Church of God, Inc. (“Church”) appeals from the trial court’s grant of Roy Brinson’s motion for summary judgment in the Church’s petition for quiet title to […]

51 S.E.2d 846 DARLEY v. DARLEY. 16520.Supreme Court of Georgia. FEBRUARY 16, 1949. DUCKWORTH, Chief Justice. On a wife’s petition for divorce and alimony for her minor child a verdict for divorce and awarding $4 a week alimony for the minor child was returned in 1942, and a decree granting a divorce to the wife […]

214 S.E.2d 880 DOE et al. v. ROE et al. 29670.Supreme Court of Georgia.SUBMITTED MARCH 10, 1975. DECIDED APRIL 8, 1975. JORDAN, Justice. In this ejectment action in fictitious form, filed in April, 1974, Gayle N. Manley is the real plaintiff and Page 128 Pinewood Plantation, Inc., the real defendant. The appeal is from a […]

467 S.E.2d 542 JOHNSON v. THE STATE S95A1559Supreme Court of Georgia. DECIDED MARCH 11, 1996 HUNSTEIN, Justice. James K. Johnson was convicted of malice murder, aggravated assault and possession of a firearm during the commission of a crime. He was sentenced to life imprisonment for the murder and given a consecutive five year sentence for […]

101 S.E.2d 753 LINER v. CITY OF ROSSVILLE. et al. 19913.Supreme Court of Georgia.SUBMITTED NOVEMBER 12, 1957. DECIDED JANUARY 10, 1958. The charter provision of the City of Rossville, authorizing the contract, and the provision of the contract, authorizing the party with whom the city contracts for water and sewer service to the residents of […]

138 S.E.2d 271 SHEPPARD v. DEKALB COUNTY BOARD OF EDUCATION et al. 22546.Supreme Court of Georgia.SUBMITTED JULY 13, 1964. DECIDED SEPTEMBER 11, 1964. For reasons stated in the opinion the trial court did not err in denying a temporary injunction to condemnation proceedings brought by the DeKalb County Board of Education pursuant to Georgia Laws […]

149 S.E.2d 791 KENNEMORE v. THE STATE. 23478.Supreme Court of Georgia.ARGUED MAY 10, 1966. DECIDED JUNE 23, 1966. REHEARING DENIED JULY 13, 1966. 1. Eliminating certain persons from jury service because they stated that they were opposed to capital punishment was not erroneous. 2. Admission of statements attributed to the appellant’s brother, made outside of […]

528 S.E.2d 800 DAVIS v. THE STATE. HILL v. THE STATE. S00A0028, S00A0027.Supreme Court of Georgia. DECIDED: MAY 1, 2000. FLETCHER, Presiding Justice. Henry Davis, Jr. and Michael Hill were convicted of malice murder, felony murder and aggravated assault[1] in the shooting death of Ray Barlow. Their co-defendant, Keiunta Guy, was convicted of felony murder […]

142 S.E.2d 851 SIRMONS v. BANKS, ADMINISTRATRIX. 22898.Supreme Court of Georgia.ARGUED APRIL 12, 1965. DECIDED MAY 6, 1965. CANDLER, Justice. This is a statutory action for land which the plaintiff brought against the defendant as administratrix of the estate of John M. Smith, and the only exception is to a summary judgment sustaining a plea […]

144 S.E.2d 172 WALKER v. THE STATE. 22656.Supreme Court of Georgia. DECIDED JULY 26, 1965. MOBLEY, Justice. Whereas the Supreme Court of the United States did by judgment of that court entered on May 24, 1965, reverse the judgment of this court in Walker v. State, 220 Ga. 415 (139 S.E.2d 278), wherein this court […]

235 S.E.2d 489 WILLIAMS v. SWINT et al. 32137.Supreme Court of Georgia.ARGUED APRIL 11, 1977. DECIDED APRIL 27, 1977. REHEARING DENIED MAY 26, 1977. NICHOLS, Chief Justice. This is an appeal by the propounder of a will from a judgment notwithstanding the verdict which held that the testatrix had revoked her will by physical act […]

635 S.E.2d 701 COCHRAN v. THE STATE. No. S06G0067.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. HINES, Justice. This Court granted certiorari to the Court of Appeals i State v. Cochran, 275 Ga. App. 185 (620 SE2d 444) (2005), to examine the determination by the Court of Appeals that the trial court erred in granting […]

37 S.E.2d 797 BOWEN et al. v. BOWEN et al. 15418.Supreme Court of Georgia. APRIL 2, 1946. JENKINS, Presiding Justice. 1. A testator may by his will make provision for his wife in lieu of dower and twelve-months’ support. Where such provision has been made and accepted by the wife after the husband’s death, the […]

40 S.E.2d 558 JOLLY v. JONES et al. 15637.Supreme Court of Georgia. NOVEMBER 13, 1946. JENKINS, Presiding Justice. 1. In order to support a suit by a purchaser for specific performance of a contract for the purchase and sale of land, it must be made to appear that before the institution of the action the […]

128 S.E.2d 490 PIRKLE et al. v. GURR. 21788.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1962. DECIDED OCTOBER 1, 1962. REHEARING DENIED OCTOBER 22, 1962. A petition for cancellation alleging fraud in the procurement does not fail to state a cause of action because it shows that the plaintiff, a blind person, failed to have someone […]

225 S.E.2d 896 MATTHEWS et al. v. THE STATE. 30898.Supreme Court of Georgia.ARGUED MARCH 15, 1976. DECIDED MAY 17, 1976. HILL, Justice. Robert Matthews, Jr., and Howard Matthews were tried for seven crimes committed in connection with a bank robbery and were convicted on three counts. The jury found the two men guilty of armed […]

271 S.E.2d 211 HIGGINS v. ODOM. 36448.Supreme Court of Georgia.SUBMITTED JULY 11, 1980. DECIDED SEPTEMBER 9, 1980. BOWLES, Justice. In 1969, the real property of Cleo Roberts was sold by auction. Prior to the sale, Mr. Roberts had a subdivision plat of the land prepared showing the various building lots to be sold, the subdivision’s […]

201 S.E.2d 412 HARTNESS v. HARTNESS. 27879.Supreme Court of Georgia.ARGUED MAY 14, 1973. DECIDED OCTOBER 25, 1973. REHEARING DENIED NOVEMBER 8, 1973. GUNTER, Justice. In this case the appellee-wife brought an action for divorce and alimony against the appellant. Following a jury Page 320 trial the verdict awarded a divorce in favor of the wife, […]

69 S.E.2d 770 BLACKSTOCK v. BLACKSTOCK. 17759.Supreme Court of Georgia.SUBMITTED FEBRUARY 12, 1952. DECIDED MARCH 12, 1952. REHEARING DENIED MARCH 25, 1952. DUCKWORTH, Chief Justice. 1. After a hearing, judgment was rendered, denying the mother’s application based upon alleged changed conditions affecting the welfare of the minor child whose custody was awarded to the father […]

236 S.E.2d 75 SCOTT v. THE STATE. 32210.Supreme Court of Georgia.SUBMITTED APRIL 8, 1977. DECIDED MAY 25, 1977. HALL, Justice. Scott was convicted of the murder of his wife Lena, and sentenced to life in prison. On this appeal, he argues only that the evidence did not support the verdict, and that his new trial […]

272 S.E.2d 314 TECH RESOURCES, INC. v. ESTATE OF HUBBARD et al. 36401.Supreme Court of Georgia.SUBMITTED JUNE 27, 1980. DECIDED OCTOBER 29, 1980. CLARKE, Justice. Hubbard, Jackson and Kanter (sellers) were the owners of all of the shares of three corporations engaged in the coal business. The sellers entered into contracts with Tech Resources, Inc., […]

422 S.E.2d 651 CITY OF ATLANTA v. NORTH BY NORTHWEST CIVIC ASSOCIATION, INC. et al.; and vice versa. JOINT CITY-COUNTY BOARD OF TAX ASSESSORS OF ATLANTA AND FULTON COUNTY et al. v. NORTH BY NORTHWEST CIVIC ASSOCIATION, INC. et al.; and vice versa. NORTH BY NORTHWEST CIVIC ASSOCIATION, INC. v. COLE-LAYER-TRUMBLE COMPANY et al. NORTH […]

526 S.E.2d 336 MORRISON v. THE STATE. S99A1370, S99A1371, S99A1373, S99A1375, S99A1376, S99A1378, S99A1379, S99A1380.Supreme Court of Georgia. DECIDED: FEBRUARY 14, 2000 CARLEY, Justice. Michael Morrison was charged with eight counts of distributing obscene material in violation of OCGA § 16-12-80 (c), which defines as obscene “[a]ny device designed or marketed as useful primarily for […]

91 S.E.2d 15 WAY et al. v. WARREN et al. 19168.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1955. DECIDED JANUARY 9, 1956. CANDLER, Justice. The plaintiff instituted this suit for equitable relief against the defendants, and prayed for an injunction to prevent them from interfering with her right to perform a teacher’s contract for the school […]

298 S.E.2d 509 McCLOSKEY VARNISH COMPANY v. THEBAUT. 38967.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated. All the Justices concur, except Marshall, P. J., Weltner and Bell, JJ., […]

350 S.E.2d 430 THE STATE v. RUSSELL. 43437.Supreme Court of Georgia. DECIDED DECEMBER 2, 1986. WELTNER, Justice. Consuelo Foster Russell was indicted for conversion of leased personal property pursuant to OCGA § 16-8-19. She leased certain video cassette tapes that, according to the lessor, she did not return. On her motion, the trial court dismissed […]

371 S.E.2d 387 CHESTER et al. v. CANNON. 45787.Supreme Court of Georgia. DECIDED SEPTEMBER 7, 1988. GREGORY, Justice. By deed dated November 12, 1938, Emmett Alderman reserved a life estate for himself and conveyed fifty acres of land in Bulloch County in fee simple “to his daughter Mary Alma Alderman Sconyers and her children born […]

219 S.E.2d 419 BROWN v. THE STATE. 30275.Supreme Court of Georgia.SUBMITTED SEPTEMBER 2, 1975. DECIDED SEPTEMBER 23, 1975. REHEARING DENIED OCTOBER 16, 1975. NICHOLS, Chief Justice. Tony Brown, a 16-year-old juvenile, together with three other persons, was indicted for the offense of armed robbery. Upon arraignment the three co-indictees entered pleas of not guilty although […]

138 S.E.2d 886 OLD COLONY INSURANCE COMPANY v. DRESSEL et al. 22519.Supreme Court of Georgia.ARGUED JULY 13, 1964. DECIDED OCTOBER 13, 1964. REHEARING DENIED NOVEMBER 5, 1964. 1. Where, as in the instant case, the Court of Appeals pronounces rules of pleading vitally affecting the trial of cases, which appear to be erroneous and will […]

113 S.E.2d 457 SHIRLEY v. CITY OF COLLEGE PARK. 20841.Supreme Court of Georgia.SUBMITTED MARCH 16, 1960. DECIDED MARCH 16, 1960. CANDLER, Justice. The defendant in this case was convicted of violating a penal ordinance of the City of College Park, Georgia. In an application to the Superior Court of Fulton County for the State’s writ […]

144 S.E.2d 358 JOHNSON v. HENDERSON. 23053.Supreme Court of Georgia.ARGUED JULY 13, 1965. DECIDED SEPTEMBER 9, 1965. REHEARING DENIED SEPTEMBER 22, 1965. The intervenor’s claim having been properly dismissed, he ceased to be a party to the hearing before the examiner and was not in a position to except to the examiner’s ultimate findings. His […]

61 S.E.2d 473 HULGAN v. GLEDHILL et al. 17220.Supreme Court of Georgia. OCTOBER 11, 1950. HEAD, Justice. 1. Mere inadequacy of price may justify a court in refusing to decree a specific performance; so also any other fact showing the contract to be unfair, or unjust, or against good conscience. Code, § 37-805. 2. “To […]

385 S.E.2d 74 COLLINS v. WALDRON et al. 47018.Supreme Court of Georgia. DECIDED OCTOBER 25, 1989. RECONSIDERATION DENIED NOVEMBER 22, 1989. HUNT, Justice. The state revenue commissioner appeals from an injunction issued by the superior court on April 14, 1989, directing that he maintain an escrow fund for all payments of income taxes attributable to […]

47 S.E.2d 571 THOMPSON et al. v. FOUTS. 16179.Supreme Court of Georgia. APRIL 13, 1948. JENKINS, Chief Justice. 1. “Possession to be the foundation of a prescription must be in the right of the possessor, and not of another; must not have originated in fraud; must be public, continuous, exclusive, uninterrupted, and peaceable, and be […]

453 S.E.2d 731 MITCHELL v. THE STATE. S94A1522.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1995. FLETCHER, Justice. Fred Mitchell was convicted of murder and felony murder in the shooting death of Harold Flemming.[1] He was sentenced to life imprisonment. We affirm. On the evening of December 5, 1992, Flemming and Mitchell, who were acquaintances, argued […]

86 S.E.2d 219 ORR et al. v. MOORE, Judge. 18918.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1955. MOBLEY, Justice. The petition for mandamus nisi to require Hon. Virlyn B. Moore, Judge of the Superior Court, to certify the bill of exceptions and cause the case of Mrs. Caroline Moore Orr et al. v. Hapeville Realty […]

610 S.E.2d 26 SMITH v. THE STATE. S05A0223.Supreme Court of Georgia. DECIDED FEBRUARY 21, 2005. FLETCHER, Chief Justice. A jury in Bartow County convicted Christopher Matthew Smith of malice murder, false imprisonment, armed robbery, and other crimes related to the shooting death of Ed Shockley and an associated crime spree.[1] On appeal, Smith contends, among […]

169 S.E.2d 125 LANSKY v. BRANNON et al. 25243.Supreme Court of Georgia.ARGUED JUNE 12, 1969. DECIDED JUNE 16, 1969. REHEARING DENIED JULY 10, 1969. DUCKWORTH, Chief Justice. This is a suit for specific performance and for an apportionment of the purchase price in which the property is accurately described in the petition, yet the contract […]

89 S.E.2d 182 DRAINE v. THE STATE. 19023.Supreme Court of Georgia.SUBMITTED JULY 12, 1955. DECIDED SEPTEMBER 12, 1955. WYATT, Presiding Justice. Simon Draine was tried and convicted of murder without a recommendation to mercy. He filed a motion for new trial on the general grounds and later amended his motion by adding four special grounds […]

63 S.E.2d 392 RICHARDSON, Clerk, v. PASSMORE. 17314.Supreme Court of Georgia. FEBRUARY 13, 1951. As a general rule, restrictions upon the use of private property are not favored, and any claim that there are restrictions upon such use must be clearly established. No. 17314. FEBRUARY 13, 1951. Mandamus. Before Judge Whitman. Fulton Superior Court. September […]

120 S.E.2d 122 GEORGIA SOUTHERN FLORIDA RAILWAY COMPANY v. STATE HIGHWAY DEPARTMENT. 21216.Supreme Court of Georgia.ARGUED APRIL 10, 1961. DECIDED MAY 9, 1961. CANDLER, Justice. When this case was formerly here, it was held that the petition, as it then stood, did not state a cause of action for a declaratory judgment, and that the […]

47 S.E.2d 68 BURGIN LUMBER COMPANY v. KIRKSEY et al. 16134.Supreme Court of Georgia. MARCH 19, 1948. CANDLER, Justice. 1. A suit in equity, based on separate and distinct claims against different persons, where there is no common right to be established, will be dismissed on demurrer on the ground of multifariousness. Code, §§ 3-110, […]

38 S.E.2d 281 MULLIKIN v. MULLIKIN. 15468.Supreme Court of Georgia. MAY 8, 1946. BELL, Chief Justice. 1. Cruel treatment, as ground for divorce under the Code, § 30-104, “is the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies an apprehension of danger to life, limb, or health.” Ring […]

82 S.E.2d 505 YANCEY v. MILLS. 18587.Supreme Court of Georgia.ARGUED MAY 10, 11, 1954. DECIDED MAY 31, 1954. CANDLER, Justice. D. J. Mills and Martha Eura Yancey were married on June 30, 1927. They had no child or children, and separated on November 13, 1932. On the husband’s petition and prayer therefor, their marriage contract […]

84 S.E.2d 51 FRICKS et al. v. J. R. WATKINS COMPANY. 18701.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1954. DECIDED OCTOBER 13, 1954. WYATT, Presiding Justice. This case is before this court because of an equally divided Court of Appeals, Felton, C. J., Gardner, P. J., and Carlisle, J., being of the opinion that the judgment […]

124 S.E.2d 753 JEFFERS v. STATE OF GEORGIA. 21568.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1962. DECIDED MARCH 12, 1962. REHEARING DENIED MARCH 23, 1962. HEAD, Presiding Justice. 1. Where a person is convicted of a crime in another State and given a probationary sentence, with permission to return to his home in this State under […]

548 S.E.2d 286 MITCHUM v. THE STATE. S01A0387.Supreme Court of Georgia. DECIDED: JUNE 4, 2001 FLETCHER, Presiding Justice. A jury convicted Robert Earl Mitchum of felony murder and aggravated assault in connection with the beating death of Charles Howell.[1] The trial court granted the state’s motion in limine to exclude prior acts of violence committed […]

335 S.E.2d 872 BUFFINGTON et al. v. SASSER et al. 42333.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1985. REHEARING DENIED SEPTEMBER 25, 1985. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari. Therefore, this appeal filed pursuant to the grant of certiorari and […]

21 S.E.2d 71 DAVIDSON v. DAVIS, solicitor-general. 14178.Supreme Court of Georgia. JUNE 18, 1942. DUCKWORTH, Justice. This case is of the same nature and involves substantially the same evidence as that of Lokey v. Davis, ante, and is controlled by the ruling therein. Judgment affirmed. All the Justices concur. No. 14178. JUNE 18, 1942.

132 S.E.2d 657 COLE v. HOLLAND, Solicitor General. 22090.Supreme Court of Georgia.ARGUED JULY 8, 1963. DECIDED SEPTEMBER 5, 1963. CANDLER, Justice. Jack Holland, as Solicitor General of the Gwinnett Judicial Circuit, instituted a proceeding in the Superior Court of Gwinnett County to remove Daniel C. Cole from his office as sheriff of that county. His […]

207 S.E.2d 6 WALKER et al. v. ROBINSON. 28572.Supreme Court of Georgia.ARGUED MARCH 11, 1974. DECIDED JUNE 12, 1974. JORDAN, Justice. 1. This case is here on certiorari to the Court of Appeals. See Robinson v. A. Construction Co., 130 Ga. App. 56 (202 S.E.2d 248). In January 1972, Pearl M. Robinson filed her complaint […]

140 S.E.2d 840 TORRANCE v. COTTON STATES MUTUAL INSURANCE COMPANY. 22637.Supreme Court of Georgia.ARGUED JANUARY 11, 1965. DECIDED FEBRUARY 4, 1965. REHEARING DENIED FEBRUARY 18, 1965. DUCKWORTH, Chief Justice. The petition alleges that suit had, without the written permission of the insurer, been prosecuted by the insured against the tortfeasor to judgment. The policy provides […]

556 S.E.2d 130 LUCIOUS v. THE STATE. S01A1719.Supreme Court of Georgia. DECIDED: NOVEMBER 30, 2001. HUNSTEIN, Justice. On February 15, 2000 John Lucious entered a plea of guilty to malice murder and other charges specified in the indictment. He was sentenced to life without parole for the murder, a five-year consecutive sentence for possession of […]

172 S.E.2d 409 BAKER v. THE STATE. 25514.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1969. DECIDED JANUARY 8, 1970. REHEARING DENIED JANUARY 26, 1970. FELTON, Justice. This appeal, from a judgment of conviction of the crime of murder with a sentence of life imprisonment, was docketed in this court on October 10, 1969. The enumeration of […]

9 S.E.2d 78 REYNOLDS, administrator, v. HYERS, administratrix, et al. 13148.Supreme Court of Georgia. MAY 14, 1940. The administrator of a deceased legatee brought suit against one who had been appointed temporary administratrix of the estate of the testator and the surety on her bond, for a judgment in the amount of the bequest. It […]

155 S.E.2d 383 WILLIAMS v. WILLIAMS, by Next Friend. 24065.Supreme Court of Georgia.ARGUED MAY 8, 1967. DECIDED MAY 18, 1967. MOBLEY, Justice. The appeal is from a judgment denying the appellant’s motion for summary judgment in an action brought against her by the appellee, through next friend, to set aside three deeds to 150 acres […]

182 S.E.2d 793 GEORGIA PUBLIC SERVICE COMMISSION et al. v. GENERAL TELEPHONE COMPANY OF THE SOUTHEAST. GEORGIA PUBLIC SERVICE COMMISSION et al. v. GENERAL TELEPHONE COMPANY OF GEORGIA. GEORGIA PUBLIC SERVICE COMMISSION et al. v. MUTUAL TELEPHONE COMPANY, INC. 26430, 26431, 26432.Supreme Court of Georgia.ARGUED APRIL 14, 1971. DECIDED MAY 20, 1971. REHEARING DENIED JUNE […]

227 S.E.2d 225 LEAGUE OF WOMEN VOTERS OF DEKALB COUNTY et al. v. BOARD OF ELECTIONS OF DEKALB COUNTY. 30996.Supreme Court of Georgia.ARGUED APRIL 19, 1976. DECIDED JUNE 8, 1976. JORDAN, Justice. The League of Women Voters of DeKalb County and three individual voters of the county brought an action for mandamus to require the […]

224 S.E.2d 349 ANTHONY v. ANTHONY. 30764.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1976. DECIDED FEBRUARY 24, 1976. REHEARING DENIED MARCH 12, 1976. PER CURIAM. This is a domestic relations case from Muscogee Superior Court in which a wife sought alimony from her husband. Although the complaint originally alleged the husband was a resident of the […]

436 S.E.2d 493 IN THE MATTER OF JAMES L. BROOKS. No. S93Y0595.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1993. PER CURIAM. James L. Brooks pled nolo contendere to six counts of sexual battery and four counts of simple battery (intentional physical contact of an insulting or provoking nature). These charges involve nine different women in […]

635 S.E.2d 764 CHUBBUCK v. LAKE. No. S06F0676.Supreme Court of Georgia. DECIDED OCTOBER 2, 2006. RECONSIDERATION DENIED NOVEMBER 6, 2006. BENHAM, Justice. Appellant Pamela Chubbuck (Wife) and appellee Thomas Richard Lake (Husband) executed a premarital agreement on July 9, 2001, married five days later, separated three months thereafter, and obtained a judgment and decree of […]

365 S.E.2d 827 COLONIAL PIPELINE COMPANY v. BROWN et al. COLONIAL PIPELINE COMPANY v. WRIGHT CONTRACTING COMPANY et al. 44925, 44926.Supreme Court of Georgia. DECIDED MARCH 17, 1988. RECONSIDERATION DENIED MARCH 30, 1988. SMITH, Justice. This appeal consolidates two related cases stemming from the destruction of a bulldozer after it hit and ruptured Colonial Pipeline’s […]

473 S.E.2d 762 McCAUGHEY v. MURPHY. S96G0452.Supreme Court of Georgia. DECIDED JULY 15, 1996 — RECONSIDERATION DENIED SEPTEMBER 6, 1996. CARLEY, Justice. Alleging debts arising out of their partnership agreement, Murphy brought suit against McCaughey. McCaughey answered and counterclaimed against Murphy. On Murphy’s motion, the superior court appointed an auditor who concluded that McCaughey owed […]

242 S.E.2d 99 FLOURNOY et al. v. OLSHAN et al. 32984.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1977. DECIDED JANUARY 24, 1978. MARSHALL, Justice. The Department of Transportation brought a proceeding in rem in Muscogee Superior Court to condemn a tract of land of approximately 64 acres. An order was entered decreeing title to the property […]

426 S.E.2d 569 IN THE MATTER OF BARBARA J. LOUDON. S93Y0695.Supreme Court of Georgia. DECIDED MARCH 8, 1993. PER CURIAM. Respondent Barbara J. Loudon was charged with violating Standards 4, 22, 44, 45, 61, 65 and 68 of State Bar of Georgia Rule (herein-after “Bar Rule”) 4-102. A special master was appointed. The Respondent was […]

271 S.E.2d 851 THE STATE v. GERMANY. 36457.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1980. DECIDED OCTOBER 1, 1980. JORDAN, Presiding Justice. This Court granted certiorari to review the Court of Appeals’ decision in the case of Germany v. State, 154 Ga. App. 579 (269 S.E.2d 75) (1980). 1. The Court of Appeals, citing Williams v. […]

53 S.E.2d 362 RYNER v. DUKE et al. 16638.Supreme Court of Georgia. MAY 11, 1949. 1. Where a verdict is plain and unmistakable in its legal effect, it must speak for itself, unaided by any consideration of the pleadings and facts proved upon the trial for a construction thereof. 2. After the jury had published […]

67 S.E.2d 120 KEESEE v. COLLUM et al. 17568.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1951. DECIDED OCTOBER 9, 1951. 1. In the absence of a request therefor, in view of the charge given, it was not error for the court to fail to give further or additional instructions as to what would constitute constructive delivery […]

226 S.E.2d 597 ANDREWS v. THE STATE. 31143.Supreme Court of Georgia.SUBMITTED MAY 17, 1976. DECIDED JUNE 8, 1976. UNDERCOFLER, Presiding Justice. We granted petitioner’s application for a habeas corpus appeal to consider the question whether his guilty plea was voluntary under the standards set out in Boykin v. Alabama, 395 U.S. 238 (89 S.C. 1709, […]

404 S.E.2d 560 COLLINS v. ADAM CAB, INC. S91A0131.Supreme Court of Georgia. DECIDED JUNE 7, 1991. BENHAM, Justice. Pursuant to Regulation 560-12-2-.84 (7) (b) of the Rules and Regulations of the Georgia Department of Revenue, appellant State Commissioner issued a tax assessment of $18,765.18 against appellee Adam Cab for failure to remit sales tax on […]

58 S.E.2d 429 FINNEY v. BLALOCK. 17005.Supreme Court of Georgia. MARCH 14, 1950. 1. “If, after notice that another has made a contract for the purchase of land, a third person cuts in, buys it, and takes a conveyance, such person stands in the place of his vendor, and a court of equity, if it […]

232 S.E.2d 561 ROBINSON v. THE STATE. 31853.Supreme Court of Georgia.SUBMITTED JANUARY 3, 1977. DECIDED JANUARY 28, 1977. UNDERCOFLER, Presiding Justice. Crystal Robinson was indicted and tried for armed robbery along with co-defendant Charlie Fred Johnson, and both received twenty-year sentences. Johnson’s conviction was affirmed i Johnson v. State, 237 Ga. 495 (228 S.E.2d 879) […]

369 S.E.2d 897 DAWSON v. THE STATE. 45740.Supreme Court of Georgia. DECIDED JULY 6, 1988. SMITH, Justice. We granted certiorari in Dawson v. State, 186 Ga. App. 718 (368 S.E.2d 367) (1988), to determine whether this case should have been remanded to the trial court for findings of fact as to ineffective assistance of counsel. […]

638 S.E.2d 292 BRIGGS v. THE STATE. No. S06A1146.Supreme Court of Georgia. DECIDED NOVEMBER 29, 2006. THOMPSON, Justice. We granted an interlocutory appeal in this case to determine whether OCGA § 16-8-60 (b), which criminalizes the possession and distribution of sounds or images without a label bearing the name and address of the transferor of […]

282 S.E.2d 896 ROBESON v. INTERNATIONAL INDEMNITY COMPANY et al. 37771.Supreme Court of Georgia. DECIDED OCTOBER 14, 1981. MARSHALL, Justice. The plaintiff, Rebecca Robeson Love, filed a petition for declaratory judgment against International Indemnity Company and Joel Love. In the petition, the plaintiff states that she sustained serious bodily injuries while riding as a passenger […]

147 S.E.2d 505 HORTON, Administratrix v. HARVEY; and vice versa. 23253, 23254.Supreme Court of Georgia.SUBMITTED DECEMBER 13, 1965. DECIDED FEBRUARY 23, 1966. 1. The ruling by this court on general demurrer in the prior litigation between the parties was not a ruling on the merits of the claim of title to the property which is […]

546 S.E.2d 469 HALL f/k/a DAY v. DAY. S01A0484.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 SEARS, Justice. We granted an application to appeal in this matter in order to consider whether the trial court erred by construing a divorce decree Page 839 provision that requires the appellee to pay for his daughter to attend […]

674 S.E.2d 890 MURRELL v. YOUNG. No. S08A1772.Supreme Court of Georgia. DECIDED MARCH 23, 2009. HUNSTEIN, Presiding Justice. Warden Brenda Murrell appeals an order of the Superior Court of Dooly County granting Respondent Glenward Young’s petition for the writ of habeas corpus. Finding error on the part of the habeas court, we reverse. In June […]