219 S.E.2d 117 EDWARDS v. EDWARDS. 30153.Supreme Court of Georgia.ARGUED JULY 8, 1975. DECIDED SEPTEMBER 16, 1975. HALL, Justice. This is an appeal from a judgment finding the appellant in contempt of a previous decree ordering him to pay specified child support payments. The divorce decree awarded the mother custody of the four children and […]
Category: Georgia Supreme Court Opinions
KEY v. STEWART, 228 Ga. 516 (1972)
186 S.E.2d 739 KEY v. STEWART. 26836.Supreme Court of Georgia.ARGUED NOVEMBER 8, 1971. DECIDED JANUARY 6, 1972. HAWES, Justice. The appellant was convicted in one trial of thirteen separate offenses charging him with the violation of various ordinances of the City of Albany. He was sentenced to combined terms of imprisonment and/or to pay fines […]
IN RE FITZPATRICK, 247 Ga. 55 (1981)
273 S.E.2d 618 IN RE FITZPATRICK. ADMISSIONS DOCKET NO. 9Supreme Court of Georgia. DECIDED JANUARY 21, 1981. PER CURIAM. Pursuant to section seven of the Rules for Admission to the Bar, Mr. Fitzpatrick appeals to this court for a review of the decision of the Board to Determine Fitness of Bar Applicants which denied him […]
PAGE v. HOLIDAY INC., 245 Ga. 12 (1980)
262 S.E.2d 783 PAGE v. HOLIDAY INNS, INC. et al. 35533.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1979. DECIDED JANUARY 3, 1980. UNDERCOFLER, Presiding Justice. This is a certiorari. Holiday Inns v. Page, 151 Ga. App. 55 (258 S.E.2d 909) (1979). The Court of Appeals held that the plaintiff’s voluntary dismissal of his action “with prejudice” […]
HISTORIC HOUSE MUSEUM CORPORATION v. CAMP, 223 Ga. 510 (1967)
156 S.E.2d 361 HISTORIC HOUSE MUSEUM CORPORATION v. CAMP, Tax Commissioner, et al. 24176.Supreme Court of Georgia.ARGUED JULY 10, 1967. DECIDED JULY 14, 1967. The petition does not show that the property of the appellant is used for “purely public charity,” and it therefore fails to show that the appellant is entitled to the exemption […]
WALKER v. HARTFORD ACCIDENT INDEMNITY CO., 196 Ga. 361 (1943)
26 S.E.2d 695 WALKER v. HARTFORD ACCIDENT INDEMNITY CO. et al. 14591.Supreme Court of Georgia. JULY 8, 1943. 1. “The general rule at common law is that persons who are not parties to a suit can not file an intervention therein. There are some exceptions to this rule, as where an intervenor sets up some […]
ESTES v. FIRST NATIONAL BANK, 223 Ga. 653 (1967)
157 S.E.2d 449 ESTES, Executrix, et al. v. FIRST NATIONAL BANK OF GAINESVILLE, Administrator. 24214.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1967. DECIDED OCTOBER 5, 1967. The petitioner having an adequate and complete remedy for the relief sought in the court of ordinary, the court erred in denying the defendant’s motion to dismiss the petition seeking […]
COLVARD v. CALDWELL, 230 Ga. 851 (1973)
199 S.E.2d 316 COLVARD v. CALDWELL. 27871.Supreme Court of Georgia. DECIDED JUNE 28, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 33 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices […]
MARTIN v. MARTIN, 286 Ga. 69 (2009)
685 S.E.2d 288 MARTIN v. MARTIN. No. S09A1185.Supreme Court of Georgia. DECIDED NOVEMBER 2, 2009. BENHAM, Justice. This appeal concerns a dispute over a trust in a will. Appellee Linda Faye Armstrong Martin’s deceased husband’s will established a “Residence Trust,” the assets of which consisted of the marital residence and a bank account.[1] The trust […]
IN THE MATTER OF ROBERT JEFFERY MORRISON, 263 Ga. 256 (1993)
432 S.E.2d 106 IN THE MATTER OF ROBERT JEFFERY MORRISON. S93Y0563.Supreme Court of Georgia. DECIDED JUNE 28, 1993. PER CURIAM. Robert Jeffery Morrison pled guilty to one count of trafficking in marijuana and was sentenced under the First Offender Act. Pursuant to State Bar Rule 4-106, the State Bar petitioned this court for appointment of […]
FRASER v. SINGER, 211 Ga. 26 (1954)
83 S.E.2d 599 FRASER v. SINGER. 18664.Supreme Court of Georgia.ARGUED JULY 14, 1954. DECIDED SEPTEMBER 13, 1954. DUCKWORTH, Chief Justice. 1. The adjective “casual,” a descriptive word, is not such a word that may be exclusively appropriated as a trade name by a trader. 52 Am. Jur. 540-543, §§ 54-57. 2. While the words “casual […]
MUTUAL BENEFIT LIFE c. CO. v. WILSON, 189 Ga. 344 (1939)
6 S.E.2d 716 MUTUAL BENEFIT LIFE INSURANCE CO. v. WILSON et al. 12967.Supreme Court of Georgia. NOVEMBER 29, 1939. ATKINSON, Presiding Justice. The caption of the act approved August 17, 1920 (Ga. L. 1920, p. 245), now embodied in the Code, §§ 113-1721, 113-1722, 113-1723, is: “An act to authorize executors, administrators, and trustees, where […]
HODGES v. HODGES, 227 Ga. 522 (1971)
181 S.E.2d 851 HODGES v. HODGES. 26440.Supreme Court of Georgia.SUBMITTED APRIL 14, 1971. DECIDED APRIL 22, 1971. MOBLEY, Presiding Justice. This appeal is from an order holding the appellant in contempt for failure to pay alimony. The case was docketed in this court on February 5, 1971. The enumeration of errors was filed on March […]
WILLIAMS v. SMITH, 228 Ga. 314 (1971)
185 S.E.2d 89 WILLIAMS v. SMITH. 26801.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1971. DECIDED NOVEMBER 5, 1971. UNDERCOFLER, Justice. This appeal is from the order of remand to the custody of the warden in a habeas corpus action. The applicant entered pleas of guilty in Baldwin County to two accusations for voluntary manslaughter for the […]
YEAGER v. STATE, 281 Ga. 1 (2006)
635 S.E.2d 704 YEAGER v. THE STATE. No. S06A1299.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. THOMPSON, Justice. Rachel Larae Yeager was convicted by a jury of malice murder in connection with the shooting death of Kevin McDonald.[1] On appeal, Yeager asserts that the evidence was insufficient to support her conviction, and she claims that […]
SAMPLES v. HATCHER, 225 Ga. 483 (1969)
170 S.E.2d 27 SAMPLES v. HATCHER, Sheriff. 25289.Supreme Court of Georgia.ARGUED JULY 14, 1969. DECIDED SEPTEMBER 8, 1969. FRANKUM, Justice. The appeal in this case was docketed in this Court on May 29, 1969. The enumeration of errors was not received in the office of the Clerk of the Supreme Court until July 7, 1969, […]
WHITE v. RAINWATER, 205 Ga. 219 (1949)
52 S.E.2d 838 WHITE v. RAINWATER. 16590.Supreme Court of Georgia. APRIL 13, 1949. In the present suit by a landowner, seeking to enjoin a coterminous proprietor from committing alleged acts of trespass, the evidence demanded a finding in favor of the petitioner and, accordingly, the trial court erred in rendering a judgment finding the location […]
BARNES v. STATE, 269 Ga. 345 (1998)
496 S.E.2d 674 BARNES v. THE STATE S97P2069.Supreme Court of Georgia. DECIDED MARCH 2, 1998 — RECONSIDERATION DENIED APRIL 2, 1998. SEARS, Justice. Joseph Martin Barnes was convicted of malice murder, felony murder, and armed robbery.[1] The jury recommended a death sentence for the murder, finding as a statutory aggravating circumstance that the murder was […]
WADE v. WADE, 195 Ga. 748 (1943)
25 S.E.2d 683 WADE v. WADE. 14440.Supreme Court of Georgia. APRIL 15, 1943. JENKINS, Justice. 1. “Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides.” Code, §§ […]
FULTON NATIONAL BANK v. HORN, 239 Ga. 648 (1977)
238 S.E.2d 358 FULTON NATIONAL BANK et al. v. HORN. 32009.Supreme Court of Georgia.ARGUED MAY 9, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED SEPTEMBER 27, 1977. HILL, Justice. Sidney Horn executed a note and security agreement to the Fulton National Bank granting the bank a security interest in a vehicle. Horn got behind in his […]
CULPEPPER v. UNITED STATES FIDELITY c. CO., 199 Ga. 56 (1945)
33 S.E.2d 168 CULPEPPER et al. v. UNITED STATES FIDELITY GUARANTY COMPANY et al. 15045.Supreme Court of Georgia. JANUARY 5, 1945. REHEARING DENIED FEBRUARY 9, 1945. MARCH 7, 1945. 1. A deputy sheriff while proceeding en route to serve a jury summons is acting in his official capacity. 2. A cause of action against a […]
SELMAN v. FAVER, 210 Ga. 616 (1954)
81 S.E.2d 834 SELMAN et al. v. FAVER. JACKSON et al. v. FAVER. 18525, 18526.Supreme Court of Georgia.ARGUED MARCH 9, 1954. DECIDED APRIL 13, 1954. REHEARING DENIED MAY 13, 1954. When the judgment of the superior court, overruling the exceptions to the auditor’s findings of fact and of law, was reversed by this court without […]
ADAMS v. ADAMS, 206 Ga. 857 (1950)
59 S.E.2d 375 ADAMS v. ADAMS. 17083.Supreme Court of Georgia. MAY 8, 1950. ATKINSON, Presiding Justice. 1. In the present suit for divorce, alimony, and custody of a child, in Floyd Superior Court, the defendant filed an answer and an amendment thereto. The plaintiff filed a demurrer which was renewed to the answer as amended. […]
STEVENSON v. STEVENSON, 222 Ga. 47 (1966)
148 S.E.2d 388 STEVENSON v. STEVENSON et al. 23396.Supreme Court of Georgia.SUBMITTED MARCH 15, 1966. DECIDED APRIL 7, 1966. 1. While there is a conflict in the evidence, the trial judge did not abuse his discretion in finding that appellant had violated the restraining order of August 19, 1965, and breached the conditional order of […]
BROWN TRANSPORT CORPORATION v. JAMES, 243 Ga. 701 (1979)
257 S.E.2d 242 BROWN TRANSPORT CORPORATION v. JAMES. 34496.Supreme Court of Georgia.ARGUED MARCH 12, 1979. DECIDED MAY 31, 1979. UNDERCOFLER, Presiding Justice. We granted this certiorari in order to resolve a conflict in the cases from the Court of Appeals. The issue is whether representations and assurances that an injured employee will be “taken care […]
STATE HIGHWAY DEPARTMENT v. MARSH, 214 Ga. 693 (1959)
107 S.E.2d 179 STATE HIGHWAY DEPARTMENT et al. v. MARSH. 20312.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1959. DECIDED FEBRUARY 6, 1959. DUCKWORTH, Chief Justice. The petition as amended of Willie Marsh, against Jefferson County, the State Highway Department of Georgia, and the individual members of the Board of County Commissioners of Jefferson County, alleges that […]
STATE v. CRANE, 247 Ga. 779 (1981)
279 S.E.2d 695 THE STATE v. CRANE et al. THE STATE v. CRANE. THE STATE v. NUNLEY (two cases). 37463, 37464. 37465, 37466.Supreme Court of Georgia. DECIDED JULY 7, 1981. UNDERCOFLER, Justice. The dismissal of three felony-murder indictments[1] was appealed by the State.[2] The deceased was the fourth would-be burglar. He was shot and killed […]
COLVARD v. RIDLEY, 218 Ga. 490 (1962)
128 S.E.2d 732 COLVARD et al. v. RIDLEY, Commissioner, et al. 21853.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1962. DECIDED NOVEMBER 19, 1962. REHEARING DENIED DECEMBER 3, 1962. CANDLER, Justice. 1. Art. VII, Sec. I, Par. III of the Constitution of 1945 provides: “All taxes shall be levied and collected under general laws and for public […]
THOMAS v. STATE, 237 Ga. 690 (1976)
229 S.E.2d 458 THOMAS v. THE STATE. 31269.Supreme Court of Georgia.SUBMITTED JUNE 18, 1976. DECIDED OCTOBER 5, 1976. INGRAM, Justice. This appeal, from the Superior Court of Cobb County, deals with appellant’s convictions of burglary, aggravated assault, rape and two counts of kidnapping. He received a sentence to life imprisonment for the rape, followed by […]
FORSYTH COUNTY v. GEORGIA TRANSMISSION CORP., 280 Ga. 664 (2006)
632 S.E.2d 101 FORSYTH COUNTY et al. v. GEORGIA TRANSMISSION CORPORATION; and vice versa. S06A0421, S06X0422.Supreme Court of Georgia. DECIDED JUNE 26, 2006. THOMPSON, Justice. In this action for declaratory and injunctive relief, the trial court determined that a Forsyth County ordinance requiring an electric power utility company (“EPUC”) to gain approval from the county […]
JONES v. ALFONE, 261 Ga. 258 (1991)
404 S.E.2d 119 JONES v. ALFONE (two cases). S91A0630, S91A0647.Supreme Court of Georgia. DECIDED MAY 15, 1991. CLARKE, Chief Justice. The trial court dismissed this paternity action for lack of jurisdiction under OCGA § 19-7-40 because the child is not a resident of Georgia. Appellant filed both an application for a discretionary appeal and a […]
WEST v. COBB COUNTY DEPT. OF FAMILY CHILDREN SERVICES, 243 Ga. 425 (1979)
254 S.E.2d 373 WEST v. COBB COUNTY DEPARTMENT OF FAMILY CHILDREN SERVICES. 34708.Supreme Court of Georgia.SUBMITTED MARCH 14, 1979. DECIDED APRIL 4, 1979. PER CURIAM. John A. West, Sr., appeals from the denial of his petition for writ of habeas corpus seeking custody of his minor children. The children had been in the legal custody […]
BROWN v. STATE, 277 Ga. 53 (2003)
586 S.E.2d 323 BROWN v. THE STATE. S03A0821.Supreme Court of Georgia. DECIDED SEPTEMBER 15, 2003. HUNSTEIN, Justice. Michael Jerrod Brown was convicted of malice murder, armed robbery and other crimes arising out of the shooting death of Salvador Murillo Rodriguez.[1] Finding no error, we affirm. Page 54 1. The evidence adduced at trial authorized the […]
THOMPSON v. ATLANTIC COAST LINE RAILROAD CO., 200 Ga. 856 (1946)
38 S.E.2d 774 THOMPSON, State Revenue Commissioner, v. ATLANTIC COAST LINE RAILROAD COMPANY. 15480.Supreme Court of Georgia. JUNE 6, 1946. 1. Where a perpetual corporate charter granted by the legislature confers tax exemptions upon the corporation, the exemption is irrevocable. Accordingly, article 1, section 3, paragraph 3 of the Constitution of 1945 (Ga. L. 1945, […]
RICHTER v. D. M. ASSOCIATES, INC., 228 Ga. 599 (1972)
187 S.E.2d 253 RICHTER et al. v. D. M. ASSOCIATES, INC. et al. 26852.Supreme Court of Georgia.SUBMITTED DECEMBER 13, 1971. DECIDED FEBRUARY 11, 1972. 1. The trial court erred in dismissing the complaint. 2. It did not abuse its discretion in denying the injunctive relief prayed for. Page 600 (a) No cause for reversal appears […]
HENRY v. STATE, 278 Ga. 554 (2004)
604 S.E.2d 469 HENRY v. THE STATE. S04A1077.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. HUNSTEIN, Justice. John Henry was convicted of malice murder, felony murder (two counts), aggravated assault, possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon in the shooting death of his […]
HUBER v. STATE, 234 Ga. 357 (1975)
216 S.E.2d 73 HUBER v. THE STATE. 29606.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1975. DECIDED APRIL 22, 1975. REHEARING DENIED MAY 13, 1975. INGRAM, Justice. Defendant appeals his conviction, and sentence to pay a fine of $500, under an accusation in the Superior Court of Clayton County for the offense of the unlawful practice of […]
CORMIER v. STATE, 277 Ga. 607 (2004)
592 S.E.2d 841 CORMIER v. THE STATE. S04A0357.Supreme Court of Georgia. DECIDED FEBRUARY 16, 2004. THOMPSON, Justice. John Brice Cormier, Jr. was convicted of malice murder, aggravated assault, and various sexual offenses stemming from the murder of Petra Franklin and the assault on Kesha McBrayer.[1] On appeal, Cormier asserts that he was denied effective assistance […]
SOUTHERN DIVERSIFIED PROPERTIES, INC. v. BROWN, 253 Ga. 23 (1984)
315 S.E.2d 901 SOUTHERN DIVERSIFIED PROPERTIES, INC. v. BROWN. 40882.Supreme Court of Georgia. DECIDED MAY 22, 1984. WELTNER, Justice. Southern Diversified Properties, Inc., being indebted to Brown, gave to him a deed to secure debt with power of sale. On default, the creditor acquired the property under the power of sale, and obtained an order […]
ADKINS v. STATE, 281 Ga. 301 (2006)
637 S.E.2d 714 ADKINS v. THE STATE. No. S06A1716.Supreme Court of Georgia. DECIDED NOVEMBER 20, 2006. SEARS, Chief Justice. The appellant, Demetric Adkins (“Adkins”), along with his brother, Marlon Adkins (“Marlon”), and his cousin, Kevin Adkins (“Kevin”), were charged with aggravated assault and murder, stemming from the shooting death of Charles Givens.[1] The three defendants […]
CORBIN v. STATE, 212 Ga. 231 (1956)
91 S.E.2d 764 CORBIN v. THE STATE. 19172.Supreme Court of Georgia.ARGUED JANUARY 11, 1956. DECIDED FEBRUARY 15, 1956. REHEARING DENIED FEBRUARY 29, 1956. CANDLER, Justice. John F. Corbin was indicted in Fulton County on January 22, 1954, jointly with Juanita Bullock and Tommie Couch for the murder of Oscar Roebuck, to which charge he pleaded […]
CURRID v. DEKALB STATE COURT PROBATION, 285 Ga. 184 (2009)
674 S.E.2d 984 CURRID et al. v. DEKALB STATE COURT PROBATION DEPARTMENT et al. No. S08G0322.Supreme Court of Georgia. DECIDED MARCH 23, 2009. MELTON, Justice. We granted certiorari in this case to determine whether the Court of Appeals erred in concluding that the language of the Page 185 Community Service Act, OCGA § 42-8-71 (d) […]
PHILLIPS v. BROWN, 263 Ga. 50 (1993)
426 S.E.2d 866 PHILLIPS v. BROWN (two cases). S92A1041, S92A1042.Supreme Court of Georgia. DECIDED MARCH 15, 1993. RECONSIDERATION DENIED MARCH 31, 1993. HUNSTEIN, Justice. The Georgia Department of Human Resources (DHR) sued appellant Timothy Phillips pursuant to the Child Support Recovery Act, OCGA § 19-11-1 et seq., seeking reimbursement for certain public assistance benefits which […]
INQUIRY CONCERNING A JUDGE, 249 Ga. 425 (1982)
292 S.E.2d 59 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 469. 38832.Supreme Court of Georgia. DECIDED MAY 25, 1982. PER CURIAM. W. D. Josey, a Notary Public and Ex Officio Justice of the Peace, Page 426 respondent herein, mailed the following notice, directed to a named individual: “W. D. JOSEY N.P. Ex. Off. […]
STONE v. STATE, 272 Ga. 351 (2000)
529 S.E.2d 136 STONE v. THE STATE. S00A0314.Supreme Court of Georgia. DECIDED: MAY 1, 2000. SEARS, Justice. The appellant, David Stone, appeals from his convictions for felony murder, theft by taking a motor vehicle, and theft by taking.[1] On appeal, he contends that the trial court erred in refusing to permit an attorney who was […]
EDGE v. STATE, 200 Ga. 257 (1946)
36 S.E.2d 673 EDGE v. THE STATE. 15334.Supreme Court of Georgia. JANUARY 15, 1946. WYATT, Justice. The plaintiff in error excepts to the overruling of his extraordinary motion for new trial, which, with the exception of the fourth and fifth grounds, complains of alleged errors committed on the trial of the case and excepted to […]
COACHMAN v. STATE, 236 Ga. 473 (1976)
224 S.E.2d 36 COACHMAN v. THE STATE. 30726.Supreme Court of Georgia.ARGUED JANUARY 20, 1976. DECIDED MARCH 11, 1976. HALL, Justice. Coachman appeals from a murder conviction and life sentence. He was indicted, tried and convicted along with his co-defendants Hill and Gatlin. On May 24, 1974, Jean Eberhardt, who lived with the murder victim Green, […]
BENDER v. THOMPSON, 191 Ga. 91 (1940)
11 S.E.2d 667 BENDER v. THOMPSON. 13302.Supreme Court of Georgia. NOVEMBER 12, 1940. ATKINSON, Presiding Justice. In a suit for equitable foreclosure of a contractor’s lien on realty, involving appointment of a receiver, the judge refused at the trial the defendant’s request for submission to the jury of stated questions of fact on which to […]
STATE OF GA. v. HUDSON, 247 Ga. 36 (1981)
273 S.E.2d 616 STATE OF GEORGIA v. HUDSON. 36584.Supreme Court of Georgia. DECIDED JANUARY 19, 1981. CLARKE, Justice. The trial court held Code Ann. § 26-1808.1 (Ga. L. 1976, pp. 1456, 1457) unconstitutional under the equal protection and due Page 37 process clauses of the United States and Georgia Constitutions. The state appeals. We reverse. […]
GEORGIA VENEER c. CO. v. FLORIDA NAT. BANK, 198 Ga. 591 (1944)
32 S.E.2d 465 GEORGIA VENEER PACKAGE COMPANY et al. v. FLORIDA NATIONAL BANK et al., executors. FLORIDA NATIONAL BANK et al., executors, v. GEORGIA VENEER PACKAGE COMPANY et al.; et vice versa. 14957, 14964, 14968.Supreme Court of Georgia.OCTOBER 13, 1944. REHEARING DENIED NOVEMBER 22, 1944, DECEMBER 4, 1944. 1. Where on demurrer an amendment to […]
HAMM v. JOHNSON, 270 Ga. 573 (1999)
514 S.E.2d 822 GEORGE HAMM v. CURTIS JOHNSON, WARDEN. S99H0052.Supreme Court of Georgia. DECIDED: FEBRUARY 26, 1999. ORDER OF COURT. Upon consideration of the Application for Certificate of Probable Cause to appeal the denial of habeas corpus, it is ordered that it be hereby denied. All the Justices concur, except Carley and Hines, JJ., who […]
YOUNG v. PEARCE, 212 Ga. 722 (1956)
95 S.E.2d 671 YOUNG v. PEARCE. 19489.Supreme Court of Georgia.ARGUED OCTOBER 8, 1956. DECIDED NOVEMBER 17, 1956. MOBLEY, Justice. 1. “This court has many times held that an order awarding custody of a minor child following the grant of a divorce is final, and the use of such words as `subject to the further order […]
HOWARD v. STATE, 261 Ga. 251 (1991)
403 S.E.2d 204 HOWARD v. THE STATE. S91A0168.Supreme Court of Georgia. DECIDED APRIL 11, 1991. RECONSIDERATION DENIED MAY 13, 1991. SMITH, Presiding Justice. The appellant, Debra Suzanne Murray Howard, shot and killed Linda W. McCorvey with a handgun. She claimed that the shooting was in self-defense. Following a jury trial, Ms. Howard was found guilty […]
CLARK v. McBRIDE, 256 Ga. 308 (1986)
348 S.E.2d 634 CLARK et al. v. McBRIDE. 43692.Supreme Court of Georgia. DECIDED OCTOBER 7, 1986. GREGORY, Justice. Ralph McBride filed suit against Harold Clark and his wife seeking Page 309 damages and injunctive relief concerning a 20-foot strip of land between their subdivision lots. The trial court granted summary judgment to McBride, and we […]
IN THE MATTER OF BAGLEY, 267 Ga. 311 (1996)
477 S.E.2d 834 IN THE MATTER OF CHARLES E. BAGLEY, JR. S96Y1355.Supreme Court of Georgia. DECIDED NOVEMBER 12, 1996. PER CURIAM. Charles E. Bagley, Jr., filed a petition for voluntary discipline. He acknowledged his violation of Standard 45 (b) of Bar Rule 4-102, requested a public reprimand, but agreed to accept a 30-day suspension. The […]
CARDER v. RACINE ENTERPRISES, 261 Ga. 142 (1991)
401 S.E.2d 688 CARDER et al. v. RACINE ENTERPRISES, INC. S90A1497.Supreme Court of Georgia. DECIDED MARCH 6, 1991. RECONSIDERATION DENIED MARCH 28, 1991. BENHAM, Justice. Racine Enterprises, Inc. brought suit against several members of the Carder family and other individuals and corporations. The complaint sought damages for fraud and breach of contract, and injunctive relief […]
KAPPELMEIER v. WINEGARDEN, 279 Ga. 874 (2005)
621 S.E.2d 452 KAPPELMEIER v. WINEGARDEN (two cases). S05A1292, S05A1293.Supreme Court of Georgia. DECIDED OCTOBER 24, 2005. RECONSIDERATION DENIED NOVEMBER 21, 2005. THOMPSON, Justice. Gottfried A. Kappelmeier brought this mandamus action against Judge Richard T. Winegarden, seeking an order directing the judge to vacate the judgment he entered against Kappelmeier in another case. Judge Winegarden […]
YDE v. YDE, 231 Ga. 506 (1973)
202 S.E.2d 423 YDE v. YDE. 28404.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1973. DECIDED DECEMBER 3, 1973. JORDAN, Justice. The parties involved herein were granted a divorce on March 15, 1971, and, by agreement custody of the two minor children of the marriage was awarded to the mother. On May 9, 1973, the father, appellee […]
HALL v. CHASTAIN, 246 Ga. 782 (1980)
273 S.E.2d 12 HALL v. CHASTAIN. 36616.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1980. DECIDED NOVEMBER 25, 1980. REHEARING DENIED DECEMBER 16, 1980. JORDAN, Presiding Justice. Joseph B. Chastain, plaintiff, filed a complaint against Marvin J. Hall, defendant, alleging that the defendant had lost control of his vehicle and driven it into a brick wall surrounding […]
ABERCROMBIE v. SHADDIX, 250 Ga. 170 (1982)
295 S.E.2d 832 ABERCROMBIE et al. v. SHADDIX et al.; and vice versa. 38958, 38959.Supreme Court of Georgia. DECIDED OCTOBER 19, 1982. REHEARING DENIED NOVEMBER 10, 1982 IN CASE NO. 38959. JORDAN, Chief Justice. The probate judge of Douglas County, joined by certain Douglas County residents who were permitted to intervene in this action, appeal […]
KING v. STATE, 275 Ga. 463 (2002)
569 S.E.2d 518 KING v. THE STATE. S02A1038.Supreme Court of Georgia. Decided September 16, 2002 HINES, Justice. Kelvin King was convicted of malice murder in connection with the fatal shooting of the mother of his children, Carletta Ford-Scruggs. King challenges the conviction on the bases that the evidence was insufficient to sustain the verdict of […]
COLLINS v. COLLINS, 224 Ga. 671 (1968)
164 S.E.2d 139 COLLINS v. COLLINS. 24785.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1968. DECIDED OCTOBER 10, 1968. FRANKUM, Justice. James H. Collins filed his complaint in DeKalb Superior Court against Charles Thomas Collins and Dorothy Helen Collins Jackson in which he prayed that the court declare and adjudge that the defendant Thomas is not the […]
JUDSON v. DURAN, 231 Ga. 206 (1973)
200 S.E.2d 872 JUDSON v. DURAN et al. 27969.Supreme Court of Georgia.ARGUED JUNE 26, 1973. DECIDED OCTOBER 5, 1973. JORDAN, Justice. James C. Duran filed his complaint in the State Court of Hall County, Ga., alleging that Ronald D. Judson and Marguerite S. Judson were indebted to him on a promissory note. The promissory note […]
ELLIS v. GEORGIA KRAFT CO, 219 Ga. 335 (1963)
133 S.E.2d 350 ELLIS v. GEORGIA KRAFT COMPANY. 22138.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1963. DECIDED OCTOBER 15, 1963. QUILLIAN, Justice. This was an equitable action to enjoin the cutting of timber on the petitioner’s land. Georgia Kraft Company brought suit against Jim Ellis in Floyd Superior Court and alleged in its amended petition: that […]
BRANCHFIELD v. STATE, 287 Ga. 869 (2010)
700 S.E.2d 576 BRANCHFIELD v. THE STATE. No. S10A1201.Supreme Court of Georgia. DECIDED OCTOBER 4, 2010. MELTON, Justice. Following a jury trial, Diana Branchfield was found guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the August 1, 2007 shooting death of John Belfance.[1] […]
JONES v. STATE, 207 Ga. 379 (1950)
62 S.E.2d 187 JONES v. THE STATE. 17291.Supreme Court of Georgia. NOVEMBER 14, 1950. HAWKINS, Justice. 1. While the trial court may not, in the absence of a timely written request therefor, be required to charge the jury in a murder case upon a theory of defense raised solely by the defendant’s statement that he […]
INSERECTION v. CITY OF MARIETTA, 278 Ga. 170 (2004)
598 S.E.2d 452 INSERECTION, A FANTASY STORE et al. v. CITY OF MARIETTA. S04A0249.Supreme Court of Georgia. DECIDED JUNE 7, 2004. RECONSIDERATION DENIED JULY 12, 2004. BENHAM, Justice. Appellant Inserection, A Fantasy Store, received a license from appellee the City of Marietta to operate a general merchandise retail establishment, effective March 13, 2003. After investigating […]
MOON v. STATE, 253 Ga. 74 (1984)
316 S.E.2d 464 MOON v. THE STATE. 40956.Supreme Court of Georgia. DECIDED JUNE 12, 1984. WELTNER, Justice. David Richard Moon shot and killed Robert C. Busby, from ambush, with a shotgun. He was convicted and sentenced to life imprisonment.[1] The custody of Moon’s three sons and a foster child had been awarded to his former […]
CARNES v. CRAWFORD, 246 Ga. 677 (1980)
272 S.E.2d 690 CARNES et al. v. CRAWFORD. 36571.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1980. DECIDED NOVEMBER 14, 1980. HILL, Justice. In 1970, the General Assembly enacted the Georgia Peace Officers Standards and Training Act (hereinafter POST, Ga. L. 1970, p. 208; Code Ann. § 92A-2101 et seq.). The act defined peace officers to include […]
MASON v. CARTER, 223 Ga. 2 (1967)
153 S.E.2d 162 MASON et al. v. CARTER. 23802.Supreme Court of Georgia.ARGUED DECEMBER 14, 1966. DECIDED JANUARY 6, 1967. 1. The uncontradicted evidence showed that the decree obtained by appellant, Mrs. Mason, canceling appellee’s husband’s interest in certain property was null and void since the court had no jurisdiction of the person of the husband, […]
HILL v. HARPER, 230 Ga. 246 (1973)
196 S.E.2d 397 HILL v. HARPER. 27734.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1973. DECIDED MARCH 8, 1973. 1. An action by a parent to obtain custody of a child previously awarded to the other parent in a divorce proceeding, being a new action, must be brought in the county of the defendant’s residence. 2. A […]
SEWELL v. STATE, 238 Ga. 495 (1977)
233 S.E.2d 187 SEWELL v. THE STATE. 31875.Supreme Court of Georgia.SUBMITTED JANUARY 25, 1977. DECIDED FEBRUARY 23, 1977. REHEARING DENIED MARCH 9, 1977. NICHOLS, Chief Justice. Appellant is the operator of an adult book store located in Fulton County. He was arrested after selling a magazine called Hot and Sultry and an artificial vagina to […]
FIRST NATIONAL BANK OF ATLANTA v. STATE HIGHWAY DEPT., 219 Ga. 149 (1963)
132 S.E.2d 267 FIRST NATIONAL BANK OF ATLANTA, Executor v. STATE HIGHWAY DEPARTMENT. 22019.Supreme Court of Georgia.ARGUED MAY 13, 1963. DECIDED MAY 29, 1963. REHEARING DENIED JULY 3, 1963. HEAD, Presiding Justice. This case is controlled by the rulings and judgment in First Nat. Bank of Atlanta v. State Hwy. Dept., ante. Judgment reversed. All […]
STATE v. MORRELL, 281 Ga. 152 (2006)
635 S.E.2d 716 THE STATE v. MORRELL. No. S06A1240.Supreme Court of Georgia. DECIDED OCTOBER 2, 2006. RECONSIDERATION DENIED OCTOBER 30, 2006. SEARS, Chief Justice. This appeal presents the question whether, in a criminal case, the State has the right to appeal from an oral order suppressing a statement given by the defendant to the police. […]
GEARING v. GEARING, 261 Ga. 250 (1991)
403 S.E.2d 809 GEARING et al. v. GEARING. S91A0641.Supreme Court of Georgia. DECIDED MAY 10, 1991. HUNT, Justice. The parties were divorced in 1982. The former husband contested paternity, but did not appeal the judgment requiring him to pay support for the minor child. In 1990, the former husband filed a motion to determine paternity, […]
BARFIELD v. HILTON, 235 Ga. 407 (1975)
219 S.E.2d 719 BARFIELD v. HILTON. 30374.Supreme Court of Georgia.SUBMITTED SEPTEMBER 26, 1975. DECIDED OCTOBER 21, 1975. NICHOLS, Chief Justice. This is the second appearance of this case in this court. On the first appearance (Barfield v. Hilton, 232 Ga. 235, 237 (206 S.E.2d 1) (1974)), it was held that the superior court did not […]
SWINK v. STATE, 225 Ga. 717 (1969)
171 S.E.2d 304 SWINK v. THE STATE. 25444.Supreme Court of Georgia.ARGUED OCTOBER 14, 1969. DECIDED NOVEMBER 12, 1969. FRANKUM, Justice. John Thomas Swink was convicted of rape without a recommendation of mercy and was sentenced to be electrocuted. He appealed from the denial of his motion for a new trial as amended. 1. By his […]
MACON-BIBB COUNTY, ETC. v. ATLANTIC SOUTHEAST, ETC., 262 Ga. 119 (1992)
414 S.E.2d 635 MACON-BIBB COUNTY BOARD OF TAX ASSESSORS et al. v. ATLANTIC SOUTHEAST AIRLINES, INC. S91A1186.Supreme Court of Georgia. DECIDED MARCH 6, 1992. RECONSIDERATION DENIED APRIL 2, 1992. BENHAM, Justice. In 1983, Atlantic Southeast Airlines (“ASA”) leased from the Macon-Bibb County Industrial Authority (“the Authority”) an airport maintenance facility at the Lewis B. Wilson […]
HEDQUIST v. GOTTKE, 209 Ga. 681 (1953)
75 S.E.2d 18 HEDQUIST et al. v. GOTTKE et al. 18075.Supreme Court of Georgia.ARGUED JANUARY 15, 1953. DECIDED FEBRUARY 24, 1953. REHEARING DENIED MARCH 10, 1953. WYATT, Justice. 1. Where, in a contest between parents and the maternal aunt and her husband, the custody of a five-year-old child was awarded to such third persons by […]
AYALA v. STATE, 262 Ga. 704 (1993)
425 S.E.2d 282 AYALA v. THE STATE. S92A1154.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1993. FLETCHER, Justice. This court granted the application for interlocutory appeal to consider whether the state must prove that a person charged with murder who seeks a pretrial bond has not met the conditions for release in OCGA § 17-6-1 (e). […]
BRUCE v. BRUCE, 195 Ga. 868 (1943)
25 S.E.2d 654 BRUCE v. BRUCE. 14502.Supreme Court of Georgia. MAY 8, 1943. 1. Where a husband filed a suit for divorce against his wife on the ground of cruel treatment, and subsequently the marital relations were resumed on the strength of the wife’s promise to desist from the acts of cruel treatment as alleged […]
SHEPHERD v. SHEPHERD, 234 Ga. 708 (1975)
217 S.E.2d 286 SHEPHERD v. SHEPHERD. 30009.Supreme Court of Georgia.SUBMITTED JUNE 4, 1975. DECIDED JULY 1, 1975. UNDERCOFLER, Presiding Justice. This appeal must be dismissed for failure to comply with Rule 14 (a) which deals with the timely filing of the enumeration of errors. This appeal was filed in this court on April 18, 1975. […]
JACKSON v. BROWN, 209 Ga. 78 (1952)
70 S.E.2d 756 JACKSON v. BROWN et al., trustees, et al. 17842.Supreme Court of Georgia.SUBMITTED APRIL 15, 1952. DECIDED MAY 12, 1952. HAWKINS, Justice. On July 27, 1951, Anthony Jackson filed a petition against named persons as Trustees of Loftin’s Camp Ground, wherein he alleges: that he purchased a described lot of land on January […]
SOUTHERN STATES v. CITY OF ATLANTA, ETC., 261 Ga. 759 (1991)
410 S.E.2d 721 SOUTHERN STATES LANDFILL, INC. v. CITY OF ATLANTA BOARD OF ZONING ADJUSTMENT et al. S91A0600.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1991. RECONSIDERATION DENIED DECEMBER 18, 1991. BELL, Justice. In 1975, the City of Atlanta granted appellant Southern State Landfill, Inc. (hereinafter, Southern States) a special-use permit to operate a sanitary landfill. […]
WALKER v. BOGLE, 244 Ga. 439 (1979)
260 S.E.2d 338 WALKER et al. v. BOGLE et al. 34918.Supreme Court of Georgia.SUBMITTED MAY 18, 1979. DECIDED OCTOBER 2, 1979. REHEARING DENIED OCTOBER 16, 1979. HALL, Justice. Jeanette C.D. Bogle died testate in 1978, survived by two sons who have no children. Her will provided that her residuary estate be placed in trust and […]
BOYD v. BOYD, 209 Ga. 455 (1953)
74 S.E.2d 6 BOYD v. BOYD. 18033.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1952. DECIDED JANUARY 12, 1953. ATKINSON, Presiding Justice. Compliance with the rule of practice and procedure (Ga. L. 1946, pp. 726, 735; Code, Ann. Supp., §§ 6-908.1, 6-909), requiring reasonable notice to the defendant in error or his counsel of the intention to […]
LAMPKIN v. EDWARDS, 222 Ga. 288 (1966)
149 S.E.2d 708 LAMPKIN v. EDWARDS et al. 23485.Supreme Court of Georgia.ARGUED MAY 10, 1966. DECIDED JUNE 14, 1966. REHEARING DENIED JUNE 23, 1966. CANDLER, Presiding Justice. Lucy Phelps Lampkin filed a petition in the Court of Ordinary of Clarke County to probate the will of Lois Cobb Lampkin in solemn form. Cobb T. Edwards […]
REED v. HOPPER, 235 Ga. 298 (1975)
219 S.E.2d 409 REED v. HOPPER. 30269.Supreme Court of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED SEPTEMBER 16, 1975. REHEARING DENIED SEPTEMBER 30, 1975. UNDERCOFLER, Presiding Justice. This court granted a certificate of probable cause in this habeas corpus case to determine the constitutionality of the 1975 Habeas Corpus Act. Ga. L. 1975, pp. 1143, 1145, Sec. […]
PRITCHETT v. STATE, 235 Ga. 155 (1975)
218 S.E.2d 899 PRITCHETT et al. v. THE STATE. 29986.Supreme Court of Georgia.ARGUED JULY 7, 1975. DECIDED SEPTEMBER 2, 1975. REHEARING DENIED SEPTEMBER 16, 1975. UNDERCOFLER, Presiding Justice. On further consideration of this case, this court has reached the conclusion that the application for writ of certiorari was improvidently granted, and accordingly the case is […]
NELSON v. STATE, 283 Ga. 119 (2008)
657 S.E.2d 201 NELSON v. THE STATE. No. S07A1625.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. BENHAM, Justice. James Rowe, Jr., died on October 19, 2003, as a result of being shot in the chest by appellant Alvin Nelson outside a Valdosta bar. Nelson was arrested within hours of the shooting and a jury found […]
FLAGLER CO. v. SAVAGE, 258 Ga. 335 (1988)
368 S.E.2d 504 THE FLAGLER COMPANY et al. v. SAVAGE. KRAUSE v. SAVAGE. 45391, 45392.Supreme Court of Georgia. DECIDED JUNE 1, 1988. RECONSIDERATION DENIED JUNE 22, 1988. MARSHALL, Chief Justice. Ron Savage and a group of his friends had a few drinks at the Rusty Scupper Restaurant on Windy Hill Road and Interstate North, in […]
MANUEL v. MANUEL, 237 Ga. 828 (1976)
229 S.E.2d 644 MANUEL v. MANUEL. 31592.Supreme Court of Georgia.ARGUED OCTOBER 13, 1976. DECIDED OCTOBER 26, 1976. HILL, Justice. Prior to their divorce, appellant-wife and appellee-husband entered into a separation agreement providing for property settlement, alimony and child support. The agreement was made the judgment of the divorce court. Thereafter, on April 1, 1976, the […]
MEDICAL CENTER HOSP. AUTH. v. ANDREWS, 250 Ga. 424 (1982)
297 S.E.2d 28 MEDICAL CENTER HOSPITAL AUTHORITY v. ANDREWS et al. 38964.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1982. REHEARING DENIED DECEMBER 15, 1982. CLARKE, Justice. We granted certiorari primarily to consider the question of whether a hospital authority created pursuant to Code Ann. Chapter 88-18 enjoys sovereign immunity. The Court of Appeals held that […]
BROOME v. BROOME, 212 Ga. 132 (1956)
91 S.E.2d 18 BROOME v. BROOME. 19147.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1955. DECIDED JANUARY 9, 1956. The judgment overruling the general demurrer to the petition in this case was error. ARGUED NOVEMBER 14, 1955 — DECIDED JANUARY 9, 1956. Divorce. Before Judge Crow. Grady Superior Court. September 3, 1955. Harriette Mikell Broome filed a […]
LANKFORD v. MILHOLLIN, 199 Ga. 178 (1945)
33 S.E.2d 421 LANKFORD et al. v. MILHOLLIN et al. 15109.Supreme Court of Georgia. MARCH 6, 1945. REHEARING DENIED MARCH 19, 1945. WYATT, Justice. This is the eleventh time this litigation has in one way or another made its appearance in this court. See Lankford v. Holton. 187 Ga. 94 (200 S.E. 243); Holton v. […]
WATSON v. YOUNG, 244 Ga. 197 (1979)
259 S.E.2d 453 WATSON v. YOUNG. 35017.Supreme Court of Georgia.SUBMITTED JUNE 15, 1979. DECIDED SEPTEMBER 10, 1979. BOWLES, Justice. Gloria Faye Watson brought an action against her former husband, James L. Young, Jr., seeking an upward modification of child support. In 1972, Mr. Young had been ordered to pay $65 every two weeks for the […]
PORTIS v. EVANS, 250 Ga. 239 (1982)
297 S.E.2d 248 PORTIS v. EVANS. 39165.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1982. MARSHALL, Presiding Justice. In Portis v. Evans, 249 Ga. 396 (291 S.E.2d 511) (1982), it was held that under Bounds v. Smith, 430 U.S. 817 (97 S.C. 1491, 52 L.Ed.2d 72) (1977) and Hardwick v. Ault, 447 F. Supp. 116 (M. […]
LEDFORD v. STATE, 219 Ga. 262 (1963)
132 S.E.2d 777 LEDFORD v. THE STATE. HALL v. THE STATE. 22188, 22189.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1963. DECIDED SEPTEMBER 18, 1963. DUCKWORTH, Chief Justice. Several young unemployed men from Towns County entered into a conspiracy to commit a robbery as they returned home from Atlanta. The robbery was thereafter attempted, resulting in the […]
CROSS v. CROSS, 230 Ga. 91 (1973)
195 S.E.2d 439 CROSS v. CROSS. 27563.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1972. DECIDED JANUARY 23, 1973. HAWES, Justice. “When a divorce shall be granted, the jury or the judge, as the case may be, shall determine the rights and disabilities of the parties: Provided, however, that no person shall be placed under disability unless […]
GAINES v. STATE, 205 Ga. 210 (1949)
52 S.E.2d 847 GAINES v. THE STATE. 16591.Supreme Court of Georgia. APRIL 12, 1949. WYATT, Justice. To an accusation, charging the accused with driving and operating an automobile upon a designated street in the City of Oglethorpe while “said machine was not provided and equipped with sufficient and serviceable brakes,” the accused filed a demurrer […]