Category: Georgia Supreme Court Opinions

181 S.E.2d 843 VAUGHN v. KINCADE et al. 26433.Supreme Court of Georgia.ARGUED APRIL 14, 1971. DECIDED MAY 6, 1971. FELTON, Justice. A clause securing future indebtedness in a deed to secure debt is valid and enforceable; hence, the grantor is not entitled to have such deed canceled by the payment of the balance of a […]

453 S.E.2d 461 JARRETT v. THE STATE. S94G1010.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1995. HUNSTEIN, Justice. Jarrett was convicted of driving under the influence and other motor vehicle violations while operating a motorcycle. According to the stipulated trial transcript, the arresting officer did not observe Jarrett operating the vehicle and when questioned by the […]

99 S.E.2d 117 MULLINS v. THE STATE. 19722.Supreme Court of Georgia.ARGUED MAY 15, 1957. DECIDED JUNE 11, 1957. CANDLER, Justice. The defendant in this case was indicated in Harris County. The indictment alleges that he did with force and arms unlawfully, feloniously, and with malice aforethought kill and murder Madie Mullins (his wife) by striking […]

485 S.E.2d 734 DANIEL v. THE STATE. S97A0612.Supreme Court of Georgia. DECIDED MAY 5, 1997. CARLEY, Justice. A jury found Samuel Daniel guilty of malice murder and the trial court sentenced him to life imprisonment. He appeals from the judgment of conviction and sentence entered on the guilty verdict.[1] 1. The victim, who was the […]

9 S.E.2d 270 TURNER v. THE STATE. 13126.Supreme Court of Georgia. MAY 23, 1940. BELL, Justice. 1. It is not error to fail to instruct the jury on the law of justifiable homicide where there is no evidence that the killing was justified. Miller v. State, 139 Ga. 716 (4) (78 S.E. 181); Benjamin v. […]

312 S.E.2d 601 THE STATE v. MULKEY. 40267.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1984. BELL, Justice. Lucille Mulkey appealed her conviction for arson, enumerating as error the admission of oral testimony by a fire safety specialist describing ignition tests which the expert conducted several years prior to the date of the alleged crime. The […]

542 S.E.2d 505 ROZAR v. LOWNDES COUNTY BOARD OF ELECTIONS. S00A1884.Supreme Court of Georgia. DECIDED: FEBRUARY 16, 2001. PER CURIAM. The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. All the Justices concur. John Roza, 6085 Val Del Road, Hahira, GA 31632, PRO S.E. Appellant. James L. Elliott, […]

20 S.E.2d 245 DELTA AIR CORPORATION et al. v. KERSEY et al. KERSEY v. CITY OF ATLANTA. 14023, 14024.Supreme Court of Georgia. APRIL 23, 1942. REHEARING DENIED MAY 20, 1942. 1. Where a city constructs and operates an airport under statutory authority, the airport will not be adjudged a nuisance if it is constructed and […]

287 S.E.2d 189 POLLARD v. THE STATE. 38040.Supreme Court of Georgia. DECIDED FEBRUARY 16, 1982. SMITH, Justice. Appellant, Roger Wayne Pollard, was convicted of the murder of Vaughn Cross and sentenced to life imprisonment. In his four enumerations of error, he challenges portions of the trial court’s charge and the sufficiency of the evidence. We […]

161 S.E.2d 315 R. L. KIMSEY COTTON COMPANY, INC. et al. v. PACIFIC INSURANCE COMPANY OF NEW YORK. 24419.Supreme Court of Georgia.ARGUED MARCH 11, 1968. DECIDED APRIL 8, 1968. REHEARING DENIED APRIL 22, 1968. The evidence was sufficient to authorize the submission to the jury of the question of whether or not the insured exercised […]

211 S.E.2d 770 GRANT v. HOPPER. 28892.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1974. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. DECIDED SEPTEMBER 6, 1974. Habeas corpus. Tattnall Superior Court. Before Judge Caswell. Eddie Grant, Jr., pro se. Page 392 Arthur K. Bolton, Attorney […]

326 S.E.2d 740 ANGLIN v. GREEN. 41761.Supreme Court of Georgia. DECIDED MARCH 5, 1985. GREGORY, Justice. We granted a certificate of probable cause to appeal in this habeas corpus case to review the trial court’s ruling that the warrantless search of appellant’s burned out barn-residence was constitutionally proper. The court below held that there was […]

298 S.E.2d 1 RIVERS v. THE STATE. 38736.Supreme Court of Georgia. DECIDED NOVEMBER 10, 1982. MARSHALL, Presiding Justice. Hattie Watts, her son Rickey, and her granddaughter Alicia were murdered in McDuffie County on the evening of July 4, 1981. The defendant, Hill Rivers, was arrested on July 10 and charged with three counts of murder, […]

464 S.E.2d 381 TIPPINS BANK TRUST COMPANY et al. v. SOUTHERN GENERAL INSURANCE COMPANY S95G1341Supreme Court of Georgia. DECIDED DECEMBER 4, 1995 RECONSIDERATION DENIED DECEMBER 18, 1995. HINES, Justice. We granted certiorari to the Court of Appeals to consider its decision in Southern Gen. Ins. Co. v. Tippins Bank c. Co., 213 Ga. App. 176 […]

82 S.E.2d 823 NEWMAN et al. v. ALDREDGE, Commissioner, et al. 18630.Supreme Court of Georgia.ARGUED JUNE 16, 1954. DECIDED JULY 13, 1954. CANDLER, Justice. The plaintiffs, alleging themselves to be citizens, taxpayers, and registered voters of Fulton County, instituted an equitable suit against the defendants, as the governing body of Fulton County, and by their […]

225 S.E.2d 418 DORSEY v. THE STATE. WILBORN v. THE STATE. GREEN v. THE STATE. 30818, 30819, 30886.Supreme Court of Georgia.SUBMITTED FEBRUARY 16, 1976. ARGUED MARCH 15, 1976. DECIDED APRIL 6, 1976. NICHOLS, Chief Justice. Alfred Bernard Wilborn, Ricky Leon Dorsey and Lee Otis Green were indicted and convicted for the offense of armed robbery. […]

48 S.E.2d 99 ESTES et al. v. JONES. 16201.Supreme Court of Georgia. MAY 14, 1948. 1. The statutory provision herein involved (Ga. L. 1943, pp. 271, 272) does not contravene the provisions of art. VIII, sec. V, par. I of the Constitution of Georgia, creating a constitutional board of education for each county, for the […]

33 S.E.2d 428 MATHIS v. MATHIS. 15110.Supreme Court of Georgia. MARCH 6, 1945. JENKINS, Presiding Justice. Prior to the passage of the married woman’s property act and the adoption of the Code, it was the rule and practice, almost as a matter of course, to grant temporary alimony to the wife in her pending divorce […]

458 S.E.2d 355 BROOKS v. CLAYTON COUNTY BOARD OF COMMISSIONERS. S95A0732.Supreme Court of Georgia. DECIDED JUNE 26, 1995. HUNT, Chief Justice. Jerri Brooks brought a petition for mandamus against the Clayton County Board of Commissioners seeking an order requiring the Board to pay her for alleged past due and future amounts for travel and contingent […]

13 S.E.2d 19 BARNETT v. BARNETT. 13453.Supreme Court of Georgia. JANUARY 17, 1941. On application of rulings of law to the pleadings and the evidence, it was error to award temporary alimony and fees. No. 13453. JANUARY 17, 1941. Alimony, etc. Before Judge Paul S. Etheridge. Fulton superior court. June 3, 1940. Virlyn B. Moore […]

216 S.E.2d 317 WHITEHEAD v. JOINER. 29738.Supreme Court of Georgia.SUBMITTED MARCH 10, 1975. DECIDED MAY 20, 1975. JORDAN, Justice. Glover Whitehead, appellant here, filed a petition in the Dooly County Superior Court, in which he alleged that a deed signed by him in 1959 was procured by fraud. Appellant asked that the deed be set […]

94 S.E.2d 730 ELDER v. THE STATE. 19442.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1956. DECIDED OCTOBER 9, 1956. CANDLER, Justice. Hardin Elder was indicted in Haralson County for the murder of Verona Johnson, his sister. He was tried, convicted of the offense charged and sentenced to life imprisonment. He excepts to the judgment overruling his […]

668 S.E.2d 644 BOARD OF COMMISSIONERS OF SPALDING COUNTY v. STEWART. No. S08A1453.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. RECONSIDERATION DENIED NOVEMBER 3, 2008. THOMPSON, Justice. Sheriff Dee Stewart brought suit against the Board of Commissioners of Spalding County to determine, inter alia, whether the sheriff is authorized to enter into a contract to […]

406 S.E.2d 74 ZANT v. FOSTER. FOSTER v. THE STATE; and vice versa. S91A0197, S91A0198, S91A0199.Supreme Court of Georgia. DECIDED JULY 3, 1991. RECONSIDERATION DENIED JULY 24, 1991. CLARKE, Chief Justice. In 1987, Timothy Tyrone Foster was convicted and sentenced to death by a jury in Floyd County. We affirmed. Foster v. State, 258 Ga. […]

326 S.E.2d 221 DORAN v. TRAVELERS INDEMNITY COMPANY. 41550.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1985. REHEARING DENIED MARCH 14, 1985. GREGORY, Justice. Dennis Doran (Doran) filed suit against Travelers Indemnity Company (Travelers) in Clinch Superior Court. Travelers removed the case to the United States District Court for the Southern District of Georgia. Summary judgment […]

77 S.E.2d 524 CHITWOOD v. CHITWOOD. 18289.Supreme Court of Georgia.SUBMITTED JULY 13, 1953. DECIDED SEPTEMBER 15, 1953. CANDLER, Justice. 1. While no motion has been made to dismiss the bill of exceptions, it is nevertheless the duty of this court to consider and determine its jurisdiction in all cases brought here for review. Dade County […]

253 S.E.2d 745 COLONIAL LIFE ACCIDENT INSURANCE COMPANY v. McCLAIN. 34383.Supreme Court of Georgia.ARGUED JANUARY 10, 1979. DECIDED MARCH 7, 1979. UNDERCOFLER, Presiding Justice. The Court of Appeals, by certified question, asks for instructions on the proper standard for reviewing a judgment against an insurer for damages and attorney fees for bad faith in refusing […]

134 S.E.2d 809 CLANCE v. CLANCE. 22278.Supreme Court of Georgia.ARGUED JANUARY 13, 1964. DECIDED JANUARY 22, 1964. CANDLER, Justice. On April 29, 1963, Mrs. Clance sued her husband Herman Edgar Clance, Jr. in the Superior Court of Whitfield County for divorce, alimony and custody of their minor child, alleging cruel treatment as her ground therefor. […]

204 S.E.2d 152 REESE v. THE STATE. 28475.Supreme Court of Georgia.SUBMITTED DECEMBER 3, 1973. DECIDED MARCH 7, 1974. 1. The evidence amply supported the verdict of guilty. 2. A charge on voluntary manslaughter was not authorized. 3. There was no abuse of discretion by the court as to the appellant’s Page 800 argument to the […]

178 S.E.2d 162 SUMMERVILLE et al. v. THE STATE. 26029.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED NOVEMBER 5, 1970. 1. The factual inaccuracies in the affidavit complained of by the appellants do not destroy the otherwise adequate showing of probable cause because they are of peripheral relevance and, not being the personal observations of […]

387 S.E.2d 133 McLENDON v. THE STATE. S89A0043.Supreme Court of Georgia. DECIDED JANUARY 11, 1990. BELL, Justice. The appellant, Lorine Jordan McLendon, was convicted of the felony murder of her husband, Thomas Wayne McLendon.[1] She was sentenced to life in prison. She appeals the conviction, contending that the search warrant used to obtain evidence from […]

236 S.E.2d 602 SCHARTLE v. TRUST COMPANY BANK et al. 32182.Supreme Court of Georgia.ARGUED APRIL 13, 1977. DECIDED JUNE 20, 1977. HILL, Justice. The executor of Ronald Schartle’s estate brought a declaratory judgment action to determine the construction of an alimony provision contained in the separation agreement incorporated into Theresa and Ronald Schartle’s divorce decree. […]

387 S.E.2d 333 GORDEN v. THE STATE. S89A0088.Supreme Court of Georgia. DECIDED JANUARY 24, 1990. HUNT, Justice. Linda Diane Gorden, also known as Diane Porter, was tried and convicted in Tift County for the April 7, 1988, murder of Bernice McKinney and the theft by taking of the victim’s automobile.[1] She was Page 787 given […]

204 S.E.2d 141 McAULIFFE v. RUTLEDGE. 28459.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1974. DECIDED FEBRUARY 18, 1974. JORDAN, Justice. This is an appeal from the judgment of the trial court in a habeas corpus case. On the prior appearance of this case in this court, McAuliffe v. Rutledge, 231 Ga. 1 (200 S.E.2d 100), this […]

196 S.E.2d 431 SMITH v. FOSTER et al. 27621.Supreme Court of Georgia.ARGUED DECEMBER 11, 1972. DECIDED FEBRUARY 9, 1973. REHEARING DENIED MARCH 8, 1973. UNDERCOFLER, Justice. Pennsylvania Millers Mutual Insurance Company filed suit against Virgil T. Smith in Whitfield County where he is a resident. It alleged Smith served as its agent until April 30, […]

14 S.E.2d 478 BOARD OF EDUCATION OF MADISON COUNTY et al. v. FOWLER et al., trustees. 13627.Supreme Court of Georgia. APRIL 16, 1941. Where on the trial of a suit for mandamus it appeared without dispute that the defendants, pending the action, had “complied with the things sought to be compelled.” assessment of costs against […]

637 S.E.2d 37 BLAND FARMS, LLC et al. v. GEORGIA DEPARTMENT OF AGRICULTURE et al. No. S06A1633.Supreme Court of Georgia. DECIDED OCTOBER 30, 2006. CARLEY, Justice. Appellant-plaintiffs are growers and sellers of Vidalia onions. They brought a mandamus action, asserting that Appellee-defendants Department of Agriculture (Department) and Commissioner of Agriculture (Commissioner) are not enforcing certain […]

159 S.E.2d 286 BAILEY v. THE STATE. 24427.Supreme Court of Georgia.SUBMITTED DECEMBER 11, 1967. DECIDED JANUARY 5, 1968. REHEARING DENIED JANUARY 18, 1968. GRICE, Justice. This court’s jurisdiction of this appeal is predicated upon alleged constitutional questions raised by the appellant’s challenge to the array of jurors who found him guilty of abandonment of his […]

329 S.E.2d 503 MARTIN et al. v. MARTIN. 42015.Supreme Court of Georgia. DECIDED MAY 22, 1985. PER CURIAM. We granted this domestic relations application to decide whether the April 1970 settlement agreement which was incorporated into the parties’ divorce decree contemplated lump sum child support for the four children, as contended by the wife, or […]

156 S.E.2d 48 SALISBURY v. THE STATE. 24058.Supreme Court of Georgia.ARGUED MAY 9, 1967. DECIDED JUNE 8, 1967. REHEARING DENIED JUNE 22, 1967. FRANKUM, Justice. Henry Cook Salisbury was indicted for robbery by use of an offensive weapon. He was convicted and sentenced to thirteen years servitude in the penitentiary. He appealed from the judgment […]

105 S.E.2d 221 CHAMBLESS v. CHAMBLESS. 20176.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1958. DECIDED OCTOBER 10, 1958. In the circumstances of this case, no abuse of discretion is shown in the award made for temporary alimony and counsel fees; and in the absence of such a showing, this court will not control the discretion vested […]

385 S.E.2d 674 GROSS v. THE STATE. S89A0549.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1989. GREGORY, Justice. Appellant Mark Dion Gross appeals his jury convictions of two counts of murder. The trial judge sentenced him to two consecutive life terms. Gross raises seven enumerations of error. We affirm.[1] 1. Though not raised as an error, […]

224 S.E.2d 406 BARNETT v. MOBLEY. 30685.Supreme Court of Georgia.ARGUED JANUARY 14, 1976. DECIDED APRIL 6, 1976. INGRAM, Justice. Injunctive relief was sought by three taxpayers in Polk Superior Court against the tax commissioner, the sheriff, and other officers of Polk County to prohibit a property tax levy by the sheriff on their property. The […]

183 S.E.2d 209 RUSK v. RUSK. 26496.Supreme Court of Georgia.ARGUED APRIL 13, 1971. DECIDED JULY 9, 1971. HAWES, Justice. 1. This is a divorce case. The original complaint filed on behalf of plaintiff in this case was signed by J. Ralph McClelland, Jr., Alfred D. Fears and Lambdin Smith by Carl E. Lambdin, attorneys for […]

403 S.E.2d 806 BROWN et al. v. LIBERTY OIL REFINING CORPORATION et al. S91A0077.Supreme Court of Georgia. DECIDED MAY 10, 1991. WELTNER, Justice. This case involves the Georgia wrongful death statute, OCGA §51-4-2 (a), which provides: The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, […]

78 S.E.2d 7 WALLING v. HARRIS, Sheriff. 18308.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1953. DECIDED OCTOBER 13, 1953. WORRILL, Justice. 1. “Where a habeas corpus proceeding is instituted for the release of a prisoner upon the grounds that he was deprived of his constitutional rights of the benefit of counsel and of trial by jury, […]

440 S.E.2d 185 DeKALB COUNTY SCHOOL DISTRICT et al. v. DeKALB COUNTY. S93A1978.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1994. SEARS-COLLINS, Justice. The issue raised by this appeal is whether the appellant, the DeKalb County School District (the “District”), or the appellee, DeKalb County (the “County”), must pay for improvements to a county public road[1] […]

312 S.E.2d 325 MADDOX v. THE STATE. 40639.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1984. REHEARING DENIED MARCH 6, 1984. SMITH, Justice. In April 1982, appellant Thomas E. Maddox sold ten pounds of fresh water crappie to an officer of the Georgia Game and Fish Commission. As a result of this sale Maddox was charged […]

117 S.E.2d 897 STATE HIGHWAY DEPARTMENT v. GEORGIA SOUTHERN FLORIDA RAILWAY COMPANY. 21078.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1960. DECIDED JANUARY 5, 1961. REHEARING DENIED JANUARY 20, 1961. MOBLEY, Justice. 1. Georgia Southern Florida Railway Co. brought its petition in two counts in Tift Superior Court against the State Highway Department of Georgia, alleging that […]

662 S.E.2d 544 PERERA v. MILLER. No. S08A0897.Supreme Court of Georgia. DECIDED JUNE 2, 2008. SEARS, Chief Justice. The appellant, Emily Perera, is the defendant in a pending murder case in Douglas County. She filed this pre-trial habeas action, contending that she was receiving ineffective assistance of trial counsel and that her constitutional right to […]

495 S.E.2d 23 DAVIS ET AL. v. SHAVERS. S97G1113.Supreme Court of Georgia. DECIDED JANUARY 26, 1998 — RECONSIDERATION DENIED FEBRUARY 23, 1998. CARLEY, Justice. Appellants filed recall applications against certain officials of the City of Fort Oglethorpe, including Glenn Shavers. When those officials sought judicial review of the legal sufficiency of the applications, a trial […]

619 S.E.2d 634 BURTON-CALLAWAY v. CARROLL COUNTY BOARD OF ELECTIONS et al. S05A0828.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 2005. SEARS, Chief Justice. Dorothy Burton-Callaway appeals from an order of the Superior Court of Carroll County that upheld the validity of a referendum, as mandated by House Bill 1795, which shortened Burton-Callaway’s term as a […]

42 S.E.2d 566 HARDIN et al. v. CHAMBLISS. 15776.Supreme Court of Georgia. APRIL 15, 1947. REHEARING DENIED MAY 16, 1947. CANDLER, Justice. Properly construed, the contract in this case gave the lessees the right to cut and remove timber of specified dimensions from a described tract of land for five years from November 16, 1940, […]

93 S.E.2d 348 HEATH v. HEATH. 19324.Supreme Court of Georgia.ARGUED MAY 14, 1956. DECIDED JUNE 12, 1956. WYATT, Presiding Justice. The plaintiff in error filed a suit for divorce. The defendant in error filed an answer seeking temporary and permanent alimony for named minor children. The petition of the plaintiff in error set out a […]

46 S.E.2d 486 PATTERSON v. STATE HIGHWAY DEPARTMENT et al. 16086.Supreme Court of Georgia. FEBRUARY 12, 1948. Where upon a final hearing the evidence, which was conflicting, is substantially the same as that adduced upon an interlocutory hearing, wherein the judgment was based upon questions of law and evidence, the jury is not bound to […]

210 S.E.2d 773 HARPER v. HARPER. 29196.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1974. DECIDED NOVEMBER 18, 1974. REHEARING DENIED NOVEMBER 26, 1974. JORDAN, Justice. This is an appeal from the denial of a motion for a new trial in a divorce case. In May, 1973, Louis Harper, appellee, filed a petition asking for divorce and […]

308 S.E.2d 189 LOGUE v. THE STATE. 40226.Supreme Court of Georgia. DECIDED NOVEMBER 2, 1983. WELTNER, Justice. Alonzo Logue was convicted of voluntary manslaughter for shooting and killing another with a handgun. Included in his enumerations of error is a constitutional challenge to the voluntary manslaughter statute. This case twice was tried and twice reversed. […]

123 S.E.2d 919 DORSEY v. NORTH AMERICAN LIFE INSURANCE COMPANY et al. 21506.Supreme Court of Georgia.ARGUED JANUARY 9, 1962. DECIDED FEBRUARY 8, 1962. REHEARING DENIED FEBRUARY 20, 1962. 1. The general and special demurrers are without merit. 2. Objections to admission of oral and documentary evidence are without merit. 3. Where, under a power of […]

95 S.E.2d 674 HUTCHINS et al. v. WILLIAMS, COMMISSIONER, etc., et al. 19521.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1956. DECIDED DECEMBER 5, 1956. DUCKWORTH, Chief Justice. 1. Since the writ of error is to review a judgment, under authority of Code (Ann. Supp.) § 6-903 (Ga. L. 1946, pp. 726, 735; 1953, Nov.-Dec. Sess., pp. […]

29 S.E.2d 508 BUTLER et al. v. LASHLEY. 14767.Supreme Court of Georgia. FEBRUARY 9, 1944. REHEARING DENIED MARCH 9, 1944. 1. Counsel for the plaintiffs in error, in their oral argument before this court on the call of the case, having conceded that the attack made upon the will for lack of testamentary capacity was […]

145 S.E.2d 493 VARNADOE et al. v. HOUSING AUTHORITY OF THE CITY OF DOERUN. 23123.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1965. DECIDED OCTOBER 7, 1965. REHEARING DENIED OCTOBER 19, 1965. CANDLER, Presiding Justice. The governing body of the City of Doerun, after finding that there was a necessity therefor, activated a housing authority for such […]

285 S.E.2d 187 McMILLAN et al. v. PEDERSEN; and vice versa. 37655, 37656.Supreme Court of Georgia. DECIDED NOVEMBER 6, 1981. Judgment of the trial court affirmed pursuant to Rule 59. All the Justices concur. DECIDED NOVEMBER 6, 1981. Title to land. Columbia Superior Court. Before Judge Pierce. Page 434 Harris, McCracken Jackson, Roy V. Harris, […]

74 S.E.2d 870 WALKER et al. v. McKENZIE et al.; et vice versa. 18078, 18079.Supreme Court of Georgia.ARGUED JANUARY 13, 1953. DECIDED FEBRUARY 9, 1953. ADHERED TO ON REHEARING MARCH 10, 1953. 1. An order overruling demurrers to a petition for mandamus and for injunctive relief cannot be reviewed in this court until there has […]

284 S.E.2d 263 DEPARTMENT OF HUMAN RESOURCES v. MONTGOMERY. 37628.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1981. GREGORY, Justice. This case involves a construction of the Fair Employment Practices Act of 1978 (Code Ann. Ch. 89-17).[1] One of the stated purposes of the Act is: “To provide for execution within public Federal Civil Rights Act […]

622 S.E.2d 334 IN THE MATTER OF FRANK B. PERRY. S05Y1827.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2005. RECONSIDERATION DENIED DECEMBER 15, 2005. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of the Review Panel of the State Disciplinary Board, which adopted the findings of fact and conclusions […]

350 S.E.2d 422 STATE BAR OF GEORGIA v. BEAZLEY. 43777.Supreme Court of Georgia. DECIDED NOVEMBER 25, 1986 RECONSIDERATION DENIED DECEMBER 18, 1986. GREGORY, Justice. Bobby G. Beazley brought a motion to set aside a 1978 order striking his name from Georgia’s roll of attorneys. The trial court granted the motion. We reverse. On June 22, […]

586 S.E.2d 663 WALTERS v. WALTERS. S03F1168.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2003. RECONSIDERATION DENIED OCTOBER 17, 2003. HINES, Justice. This is an appeal from an order of the Superior Court of Gwinnett County dismissing plaintiff Cornelia Walters’s divorce action for lack of jurisdiction over her estranged husband, Alfredo Walters. The superior court found […]

116 S.E.2d 232 LOUISVILLE NASHVILLE RAILROAD CO. et al. v. LUNSFORD. 20917.Supreme Court of Georgia.ARGUED JULY 11, 1960. DECIDED SEPTEMBER 8, 1960. REHEARING DENIED SEPTEMBER 21, 1960. CANDLER, Justice. This case came to the Supreme Court on certiorari to the Court of Appeals. The trial judge had dismissed the plaintiff’s petition on a general demurrer, […]

15 S.E.2d 729 DOOLY, ordinary, et al. v. GATES. 13763.Supreme Court of Georgia. JUNE 16, 1941. REHEARING DENIED JULY 9, 1941. REID, Chief Justice. In the bill of exceptions error is assigned on the overruling of a demurrer to a petition for mandamus. It does not appear that mandamus absolute has been granted, and no […]

224 S.E.2d 392 AYERS v. CITY OF ATLANTA. 30624.Supreme Court of Georgia.ARGUED JANUARY 19, 1976. DECIDED APRIL 6, 1976. HILL, Justice. This matter is before us on certiorari to the Court of Appeals. Ayers v. City of Atlanta, 136 Ga. App. 293 (221 S.E.2d 57) (1975). The case originated in the Municipal Court of the […]

128 S.E.2d 502 ADAMS v. LAY et al. 21739.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1962. DECIDED OCTOBER 22, 1962. REHEARING DENIED NOVEMBER 8, 1962. 1. While a mother may by will appoint guardians for property which she devises to her minor child, and if she is the surviving parent may appoint guardians for the person […]

684 S.E.2d 861 SULLIVAN v. SULLIVAN. No. S09A1295.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. RECONSIDERATION DENIED NOVEMBER 2, 2009. CARLEY, Presiding Justice. James E. Sullivan (Husband) and Sandra F. Sullivan (Wife) executed an antenuptial agreement and were married in 2001. The face of the agreement shows that a single individual witnessed it, signing it […]

223 S.E.2d 658 COBB et al. v. THOMPSON. 30534.Supreme Court of Georgia.ARGUED JANUARY 12, 1976. DECIDED FEBRUARY 11, 1976. NICHOLS, Chief Justice. This is an appeal by the caveators from a directed verdict for the propounder of the will of Lola G. Butts, who died in 1974. The caveat to the will alleged that their […]

199 S.E.2d 237 HAMMOND v. CHASTAIN et al. 27966.Supreme Court of Georgia.SUBMITTED MAY 25, 1973. DECIDED JULY 2, 1973. Where a limited partnership agreement is executed with the formality of a deed and contains a description of the partnership real property and which grants to the majority of the general partners authority to make all […]

612 S.E.2d 801 IN THE MATTER OF CLIFTON S. FULLER, JR. S05Y1131.Supreme Court of Georgia. DECIDED MAY 9, 2005. PER CURIAM. This disciplinary matter is before this Court pursuant to Respondent Clifton S. Fuller, Jr.’s petition for voluntary surrender of license which he filed pursuant to Bar Rule 4-227 (b) before the filing of a […]

279 S.E.2d 223 ROGERS v. DeKALB COUNTY BOARD OF TAX ASSESSORS. 37232.Supreme Court of Georgia. DECIDED JUNE 23, 1981. SMITH, Justice. Appellant challenges the constitutionality of the method of valuation used by appellee Board of Tax Assessors in determining the fair market value of his airplane for ad valorem tax purposes. He seeks “an injunction […]

456 S.E.2d 507 RILEY v. THE STATE. CARRUTHERS v. THE STATE. S95A0269, S95A0695.Supreme Court of Georgia. DECIDED MAY 8, 1995. HUNSTEIN, Justice. Anthony Riley was convicted of malice murder and Christopher Carruthers was convicted of felony murder in the shooting death of Page 393 Richard Hayes. Riley and Carruthers were also convicted of aggravated assault […]

169 S.E.2d 810 JONES et al. v. GEORGIA POWER COMPANY. 25284.Supreme Court of Georgia.ARGUED JULY 14, 1969. DECIDED SEPTEMBER 9, 1969. It was not error to deny the prayer for temporary injunction since the plaintiffs could have set up in the condemnation suit the contentions which they seek to assert in this action. ARGUED JULY […]

247 S.E.2d 754 HALL v. HALL. 33748.Supreme Court of Georgia.SUBMITTED JUNE 16, 1978. DECIDED SEPTEMBER 5, 1978. HALL, Justice. Mr. Hall appeals from an order of the Bartow County Superior Court finding him in wilful contempt for failure to pay alimony. The amounts unpaid were primarily mortgage payments and taxes on the home occupied by […]

89 S.E.2d 485 CITY COUNCIL OF AUGUSTA et al. v. NEWSOME et al. 19056.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1955. DECIDED OCTOBER 13, 1955. MOBLEY, Justice. 1. “The state or a political subdivision may dedicate lands owned by it to a particular public use.” 16 Am. Jur. 356, § 13; City of Abbeville v. Jay, […]

92 S.E.2d 103 LADSON MOTOR COMPANY et al. v. CROFT. 19237.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1956. DECIDED MARCH 12, 1956. In a workmen’s compensation case, where the undisputed evidence did not authorize a finding that the employee’s death was caused by reason of an accident arising out of his employment, an award of compensation […]

47 S.E.2d 813 ROGERS, v. CARR, Mayor, et al. 16206.Supreme Court of Georgia. MAY 12, 1948. Where a city ordinance providing for the issuance of licenses to operate taxicabs authorizes the mayor and council to grant or refuse a license in their discretion, the courts will not control their discretion by the writ of mandamus. […]

416 S.E.2d 508 BROWN v. THE STATE. S92A0292.Supreme Court of Georgia. DECIDED MAY 21, 1992. FLETCHER, Justice. Allen Tyrone Brown appeals from his conviction of murder and possession of a firearm during the commission of a crime in relation to the death of Leroy Bruce Sparrow.[1] Appellant was sentenced to life imprisonment for the murder […]

298 S.E.2d 498 HARWELL v. GEORGIA POWER COMPANY et al. 39023.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. WELTNER, Justice. Certiorari was granted to determine whether the grantee of a security deed is entitled to receive the entire proceeds of a condemnation award for partial, involuntary taking of the property conveyed by the security deed. […]

89 S.E.2d 482 CONLEY HOUSING CORPORATION v. COLEMAN, Tax Commissioner, et al. 19001.Supreme Court of Georgia.ARGUED JULY 11, 1955. DECIDED SEPTEMBER 12, 1955. REHEARING DENIED OCTOBER 13, 1955. The lease here sought to be taxed by the county was executed under the authority given in 10 U.S.C.A. 1270, 1270b and 1270d; and, in view of […]

58 S.E.2d 815 ASHLEY et al. v. CITY OF GREENSBORO et al. 17028.Supreme Court of Georgia. APRIL 11, 1950. 1. Under powers conferred by charter on a municipality to regulate traffic, parking of vehicles on its streets, to control its streets, and to pass ordinances, the governing authorities may provide for the period or time […]

71 S.E.2d 622 HENDERSON v. HALE. 17898.Supreme Court of Georgia.ARGUED JUNE 9, 1952. DECIDED JULY 14, 1952. 1. The court did not err in admitting in evidence certified copies of the proceedings in the court of ordinary in which the defendant was appointed guardian of the person of the plaintiff’s minor child. 2. The court […]

576 S.E.2d 839 SEAY v. THE STATE. S02A1897.Supreme Court of Georgia. decided: January 27, 2003. THOMPSON, Justice. Lewis Wayne Seay was convicted by a jury of malice murder and possession of a gun during the commission of a crime, in connection with the shooting death of Edna Denise Johnson.[1] His sole contention on appeal is […]

635 S.E.2d 740 WALKER v. THE STATE. No. S06P0992.Supreme Court of Georgia. DECIDED OCTOBER 2, 2006. RECONSIDERATION DENIED OCTOBER 30, 2006. SEARS, Chief Justice. A jury convicted Gregory L. Walker of malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. The jury recommended […]

104 S.E.2d 215 CARROLL v. CRAIG et al. 20081.Supreme Court of Georgia.ARGUED MAY 13, 1958. DECIDED JUNE 4, 1958. REHEARING DENIED JUNE 23, 1958. HAWKINS, Justice. This was a statutory action in ejectment in which the plaintiffs alleged that the defendant was in possession of a tract of land described in paragraph 1 of the […]

561 S.E.2d 393 MORRIS et al. v. DOUGLAS COUNTY BOARD of HEALTH et al. S01A1648.Supreme Court of Georgia. DECIDED: MARCH 25, 2002. FLETCHER, Chief Justice. Plaintiffs John and Deanna Morris and LaSalle Home Mortgage Corporation sued defendants Douglas County Board of Health (the “Board of Health”), Douglasville-Douglas County Water and Sewer Authority (the “Authority”), and […]

646 S.E.2d 55 SIMMONS v. THE STATE. No. S07A0429.Supreme Court of Georgia. Decided June 4, 2007. Reconsideration Denied June 25, 2007. MELTON, Justice. Following a jury trial in which the State sought the death penalty, Randy Simmons was found guilty of malice murder, felony murder, two counts of armed robbery, and aggravated assault.[1] Prior to […]

159 S.E.2d 690 PRESBYTERIAN CHURCH IN THE UNITED STATES et al. v. EASTERN HEIGHTS PRESBYTERIAN CHURCH. PRESBYTERIAN CHURCH IN THE UNITED STATES et al. v. MARY ELIZABETH BLUE HULL MEMORIAL PRESBYTERIAN CHURCH. 24366, 24367.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1967. DECIDED JANUARY 18, 1968. REHEARING DENIED FEBRUARY 12, 1968. 1. Civil courts will, in a […]

644 S.E.2d 133 MARATHON INVESTMENT CORPORATION v. SPINKSTON et al. No. S07A0523.Supreme Court of Georgia. DECIDED APRIL 24, 2007. CARLEY, Justice. At a tax sale, Marathon Investment Corporation (MIC) was the successful bidder for a vacant lot located at 321 Hills Avenue in Atlanta and a tax deed was executed and delivered. The owners of […]

231 S.E.2d 772 CRUMBLEY v. STEWART. 31591.Supreme Court of Georgia.SUBMITTED SEPTEMBER 30, 1976. DECIDED JANUARY 6, 1977. HALL, Justice. This is an appeal from the denial of a change of child custody by the Superior Court of Clinch County. Appellant and appellee were divorced in 1970. The divorce judgment vested custody of the parties’ two […]

635 S.E.2d 723 BROOKS v. THE STATE. BALL v. THE STATE. CLARK v. THE STATE. Nos. S06A0787, S06A0789, S06A0854.Supreme Court of Georgia. DECIDED OCTOBER 2, 2006. SEARS, Chief Justice. Seboris Brooks, Antwann Ball, and Komeika Clark were convicted in 2004 of the malice murder and armed robbery of Louis Sutton.[1] Each defendant appeals, arguing that […]

442 S.E.2d 239 MARTIN v. SCHINDLEY. S93G1960.Supreme Court of Georgia. DECIDED MAY 2, 1994. HUNSTEIN, Justice. Susan Martin and Alan Schindley, formerly wife and husband, Page 143 are the record owners of certain real property. The parties’ settlement agreement, incorporated in the divorce decree, divided their equity in the property and further provided that [t]wo […]

126 S.E.2d 766 DAVIS et al. v. HOWELL. 21681.Supreme Court of Georgia.ARGUED JUNE 11, 1962. DECIDED JUNE 25, 1962. REHEARING DENIED JULY 11, 1962. 1. There is no provision in law for setting aside a verdict except upon a motion for a new trial or a motion equivalent to a motion for a new trial, […]

563 S.E.2d 854 HEDQUIST v. HEDQUIST. S02A0355.Supreme Court of Georgia. DECIDED: MAY 13, 2002. FLETCHER, Chief Justice. At the pretrial conference in this divorce case, the trial court found the husband in criminal contempt for violating previous court orders and sentenced him to 50 days in jail. This Court granted the husband’s application for discretionary […]