Category: Georgia Supreme Court Opinions

216 S.E.2d 79 NEWMAN v. NEWMAN et al. 29740.Supreme Court of Georgia.ARGUED MARCH 10, 1975. DECIDED APRIL 23, 1975. REHEARING DENIED MAY 6, 1975. PER CURIAM. R. E. Newman and others brought an action against George Theron Newman and others for equitable partition by sale of described land, and for accounting. It was alleged that […]

178 S.E.2d 848 LINDSEY v. THE STATE. 26171.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1970. DECIDED DECEMBER 3, 1970. 1. The testimony of the alleged co-conspirator of appellant was corroborated by other evidence connecting appellant with the crime, and the jury was authorized to find that he was a conspirator in the robbery which resulted in […]

242 S.E.2d 30 CRYMES v. CRYMES; and vice versa. 33077, 33078.Supreme Court of Georgia.ARGUED JANUARY 10, 1978. DECIDED JANUARY 19, 1978. REHEARING DENIED FEBRUARY 8, 1978. MARSHALL, Justice. The appellant-husband filed a complaint for divorce against the appellee-wife. The trial court rendered a judgment on the pleadings granting both parties a divorce on the ground […]

686 S.E.2d 91 HOTELS.COM, L.P. v. CITY OF COLUMBUS. No. S09A0906.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. RECONSIDERATION DENIED NOVEMBER 9, 2009. THOMPSON, Justice. The facts and arguments in this appeal are virtually identical to those in Expedia, Inc. v. City of Columbus, 285 Ga. 684 (681 SE2d 122) (2009). Like its sister company, […]

124 S.E.2d 386 SAMS v. YOUNG. 21471.Supreme Court of Georgia.ARGUED JANUARY 8, 1962. DECIDED FEBRUARY 20, 1962. REHEARING DENIED MARCH 8, 1962. QUILLIAN, Justice. This was a suit seeking to enjoin acts of the defendant, which the plaintiff alleged were a continuing trespass against his easement for a right of way over government land. The […]

127 S.E.2d 365 ADAMS v. ADAMS. 21786.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1962. DECIDED SEPTEMBER 18, 1962. CANDLER, Justice. On February 13, 1961, a decree divorcing Mrs. Virginia Rudd Adams and Herman Thomas Adams was granted by the Superior Court of Floyd County. Prior to the divorce decree and in contemplation of it, they entered […]

339 S.E.2d 594 MERRITT v. THE STATE. 42923.Supreme Court of Georgia. DECIDED FEBRUARY 19, 1986. CLARKE, Justice. James Merritt was convicted of the murder of Samuel Legree Jones.[1] Merritt admitted shooting the victim four times. He also admitted stealing the victim’s car, watch and ring. His defense was killing in the heat of passion or […]

383 S.E.2d 876 BUFFINGTON v. SIGLER et al. S89A0130.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1989. RECONSIDERATION DENIED OCTOBER 18, 1989. WELTNER, Justice. 1. Buffington sought to sell real property under a power of sale contained in a deed to secure debt. Sigler offered the highest bid, but rather than tender currency, cashier’s check, or […]

16 S.E.2d 561 DERRICOTT v. ALDREDGE, sheriff. 13825.Supreme Court of Georgia. SEPTEMBER 10, 1941. REHEARING DENIED SEPTEMBER 26, 1941. JENKINS, Justice. The petitioner for habeas corpus excepts to the denial of the writ on the following facts: After a twelve-months sentence for a misdemeanor, the Governor, on January 14, 1941, granted him a conditional pardon, […]

229 S.E.2d 751 HOPKINS v. HOPKINS. 31548.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1976. DECIDED OCTOBER 19, 1976. REHEARING DENIED NOVEMBER 2, 1976. HALL, Justice. This is an appeal of a contempt citation involving visitation rights of the noncustodial parent. The major issue is the question of a superior court’s jurisdiction over a custodial dispute. Subsequent […]

424 S.E.2d 283 IN THE MATTER OF DOUGLAS NEAL SMITH. SUPREME COURT DISCIPLINARY NO. 930.Supreme Court of Georgia. DECIDED JANUARY 8, 1993. PER CURIAM. Respondent was convicted in the United States District Court for the Northern District of Texas of making false, fictitious and fraudulent statements and representations while making applications for adjustment of immigration […]

200 S.E.2d 760 BROWN et al. v. BROWN. 28236.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1973. DECIDED OCTOBER 4, 1973. The evidence authorized the judgment changing the custody of the children from the mother to the father. ARGUED SEPTEMBER 12, 1973 — DECIDED OCTOBER 4, 1973. Child custody. Wayne Superior Court. Before Judge Knox. Albert E. […]

248 S.E.2d 641 CULWELL v. LOMAS NETTLETON COMPANY et al. 33741.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1978. DECIDED SEPTEMBER 27, 1978. HALL, Justice. This court granted the application for writ of certiorari to review the decision and judgment of the Court of Appeals i Culwell v. Lomas Nettleton Co., Page 243 145 Ga. App. 519 […]

106 S.E.2d 788 THOMPSON et al. v. THOMPSON et al. 20259.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1958. DECIDED JANUARY 12, 1959. MOBLEY, Justice. The exception is to a judgment of the Superior Court of Hancock County in a habeas corpus proceeding brought by the mother and father of Joanne Thompson, a thirteen-year-old girl, against the […]

176 S.E.2d 92 BRADFIELD v. HOSPITAL AUTHORITY OF MUSCOGEE COUNTY et al. 25921.Supreme Court of Georgia.ARGUED JUNE 9, 1970. DECIDED JULY 9, 1970. The proposed project of the Hospital Authority of Muscogee County and the Hospital Authorities Law authorizing it (Code Ann. Ch. 88-18) are not subject to any of the constitutional attacks made thereon […]

505 S.E.2d 21 IN THE MATTER OF EDGAR BRIDGES HORN. S98Y0865.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998. PER CURIAM. Following a hearing before a special master under Bar Rule 4-106, the special master recommended that respondent Edgar Bridges Horn be disbarred based on his guilty plea in the Superior Court of Muscogee County to […]

214 S.E.2d 356 DUVAL COMPANY v. MALCOM et al.; and vice versa. 29392, 29393.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1974. DECIDED FEBRUARY 5, 1975. REHEARING DENIED FEBRUARY 25, 1975. HALL, Justice. This equity case involves a purported contract for the sale of cotton, and comes here on certificates from the denial of cross motions for […]

160 S.E.2d 403 WOOTEN v. THE STATE. 24374.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1967. DECIDED FEBRUARY 16, 1968. 1. A defendant in a criminal case may not successfully for the first time by a plea in abatement filed after an indictment has been returned against him, challenge the make-up of the grand jury which indicted […]

226 S.E.2d 922 ISAACS v. THE STATE. 30807.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1976. DECIDED JUNE 22, 1976. PER CURIAM. Appellant was convicted by a jury in the Superior Court of Seminole County on six counts of murder and received a death sentence on each count. Only one alleged trial error is urged in this […]

219 S.E.2d 114 CARTER v. PRUITT et al. 30155.Supreme Court of Georgia.SUBMITTED JULY 22, 1975. DECIDED SEPTEMBER 16, 1975. HALL, Justice. Thomas H. Carter, pro se, brings before the court in this equity matter certain allegations which could have been presented on appeal from an order of the Blue Ridge Superior Court dated October 9, […]

425 S.E.2d 659 THE STATE v. MAYWEATHER. S92A1119.Supreme Court of Georgia. DECIDED FEBRUARY 12, 1993. FLETCHER, Justice. During jury selection in James Mayweather’s trial, the state requested that the trial court require, in accordance wit Batson v. Kentucky, 476 U.S. 79 (106 S.C. 1712, 90 L.Ed.2d 69) (1986), the defense to provide race neutral reasons […]

587 S.E.2d 600 WRIGHT v. WRIGHT. S03F1141.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2003. CARLEY, Justice. Linda (Wife) and Seaborn (Husband) Wright were married in 1985. It was a second marriage for both, and they had no children. Each brought assets and debts to the marriage, including Husband’s house which was mortgaged. In 1991, his […]

250 S.E.2d 480 BILLINGS v. BILLINGS et al. 34056.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1978. DECIDED NOVEMBER 30, 1978. MARSHALL, Justice. The appellant, who has an entire life estate and 87.8% of the undivided interest in a tract of land, filed a petition for partition, naming as defendants the other remaindermen. The petition alleged that […]

155 S.E.2d 385 SILVERBERG et al. v. PHOTO-MARKER CORPORATION OF ATLANTA. 24092.Supreme Court of Georgia.ARGUED MAY 9, 1967. DECIDED MAY 18, 1967. A restrictive covenant in an employment contract prohibiting the employee for a period of eighteen months from soliciting or attempting to solicit “customers, business or patronage from any persons with whom he may […]

236 S.E.2d 363 HERRING v. THE STATE. 32310.Supreme Court of Georgia.SUBMITTED MAY 13, 1977. DECIDED JUNE 8, 1977. JORDAN, Justice. Appellant was tried and convicted for armed robbery and sentenced to twenty years. 1. Two males robbed the Golden Pantry in Toccoa at gunpoint. The appellant was identified by the victim manager and by another […]

507 S.E.2d 448 McALLISTER v. THE STATE. S98A0965.Supreme Court of Georgia. DECIDED: NOVEMBER 23, 1998 HINES, Justice. A jury found Michael Gabriel McAllister guilty of malice murder in the strangulation death of Donna Evelyn Ward. Following the denial of his motion for new trial, McAllister appeals his murder conviction, challenging the admission of his inculpatory […]

222 S.E.2d 308 SMITH v. THE STATE (two cases). 30205, 30268.Supreme Court of Georgia.ARGUED OCTOBER 15, 1975. DECIDED JANUARY 6, 1976. REHEARING DENIED JANUARY 27, 1976. JORDAN, Justice. Appellants, husband and wife, were charged in two counts with the murder of Joseph Ronald Akins and his wife Juanita Knight Akins. At separate trials both were […]

209 S.E.2d 153 HILL v. THE STATE. 28871.Supreme Court of Georgia.ARGUED MAY 13, 1974. DECIDED SEPTEMBER 24, 1974. UNDERCOFLER, Justice. Steven Ray Yancey, a taxicab driver, was found dead of gunshot wounds next to his cab on a rural dirt road near the city of Carrollton, Carroll County, on the afternoon of March 30, 1973. […]

470 S.E.2d 678 HOWARD v. SHARPE. S96A0125.Supreme Court of Georgia. DECIDED MAY 28, 1996 RECONSIDERATION DENIED JUNE 14, 1996. HUNSTEIN, Justice, We granted Edgar Howard’s pro se application for a certificate of probable cause to examine the propriety of the sanctions imposed upon him by the habeas court following the denial of his petition for […]

229 S.E.2d 429 ROSSI v. PRICE. 31435.Supreme Court of Georgia.SUBMITTED AUGUST 27, 1976. DECIDED SEPTEMBER 29, 1976. JORDAN, Justice. This appeal is from the denial of a mandamus absolute. Emilio Rossi, Jr., a juvenile, entered a plea of guilty in the Juvenile Court of Clarke County to the commission of delinquent acts. He was committed […]

232 S.E.2d 62 PONCE DE LEON CONDOMINIUMS et al. v. DIGIROLAMO et al. 31715.Supreme Court of Georgia.ARGUED NOVEMBER 23, 1976. DECIDED JANUARY 6, 1977. NICHOLS, Chief Justice. Dr. Mario DiGirolamo brought suit against appellants Ponce de Leon Condominiums and the Baier Corporation alleging that he was the owner of certain residential property which was receiving […]

64 S.E.2d 186 THORNTON et al. v. ANDERSON, executrix. 17377.Supreme Court of Georgia. MARCH 13, 1951. An antecedent will, which makes no provision in contemplation of an adoption, is revoked by implication or inference of law by the testatrix’s legal adoption of a minor child. The act of adopting a child, under the provisions of […]

48 S.E.2d 871 OTT et al. v. RABURN, trustee, et al. 16275.Supreme Court of Georgia. JULY 15, 1948. REHEARING DENIED JULY 28, 1948. HEAD, Justice. 1. “Mere apprehension of irreparable injury from an alleged nuisance consisting of a house in course of construction for a lawful business use is not sufficient to authorize an injunction. […]

322 S.E.2d 730 WARD v. EVANS. 41594.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1984. REHEARING DENIED DECEMBER 12, 1984. PER CURIAM. In the fall of even numbered years, this court receives numerous primary and election contest cases. This is one of them. In this case, the trial court entered an order on September 7, 1984, […]

687 S.E.2d 427 COLEMAN v. THE STATE, JACKSON v. THE STATE. Nos. S09A1144, S09A1922.Supreme Court of Georgia. DECIDED NOVEMBER 9, 2009. RECONSIDERATION DENIED DECEMBER 15, 2009. BENHAM, Justice. Joseph Pernice and Sang Duk Lee suffered fatal gunshot wounds in Muscogee County in 2003. Appellant Farnsworth Coleman, Jr., was convicted of and sentenced for the malice […]

549 S.E.2d 387 PETERSON v. THE STATE. S01A0169.Supreme Court of Georgia. DECIDED: JULY 16, 2001 HINES, Justice. Martin Daniel Peterson was convicted of malice murder in connection with the death of Nina Albright. He appeals, and for the reasons which follow, we affirm and remand.[1] Page 166 Construed to support the verdict, the evidence shows […]

542 S.E.2d 503 JENKINS et al. v. CLAYTON. S00A1557.Supreme Court of Georgia. DECIDED: FEBRUARY 16, 2001. THOMPSON, Justice. Defendants own several large tracts of rural land in Jenkins County which had been used as farm land for many years. In 1996, defendants started a commercial hunting operation on a 200-acre tract of the land. Two […]

233 S.E.2d 777 WILLIAMSON v. CITY OF TALLAPOOSA. 31830.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1977. DECIDED MARCH 10, 1977. NICHOLS, Chief Justice. Williamson was convicted in the Recorder’s Court of the City of Tallapoosa for public drunkenness and disorderly conduct and sentenced to 60 days in jail. He petitioned the Superior Court of Haralson County […]

336 S.E.2d 573 IN THE MATTER OF DANNY J. LOVELL. SUPREME COURT DISCIPLINARY NO. 431.Supreme Court of Georgia. DECIDED DECEMBER 3, 1985. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against Danny J. Lovell, charging him with violations of Standard 4 (professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation), Standard 45 (knowingly […]

108 S.E.2d 703 FLAGG v. HEDRICK et al. 20415.Supreme Court of Georgia.ARGUED APRIL 15, 1959. DECIDED MAY 8, 1959. DUCKWORTH, Chief Justice. The undisputed evidence disclosing that the sale under the power contained in the security deed was held on the first Tuesday in January after proper advertisement, and that the mistakes in the dates […]

673 S.E.2d 194 BOWLING v. THE STATE. No. S09A0361.Supreme Court of Georgia. DECIDED FEBRUARY 9, 2009. MELTON, Justice. Larry Ray Bowling appeals from the denial of his motion to dismiss his indictment on the ground that his constitutional right to a speedy trial under the Federal and Georgia constitutions had been violated. We affirm. The […]

225 S.E.2d 231 FENNELL et al. v. FOSKEY et al. 30622.Supreme Court of Georgia.ARGUED JANUARY 13, 1976. DECIDED APRIL 6, 1976. REHEARING DENIED APRIL 20 AND MAY 4, 1976. HILL, Justice. Defendants Mrs. Doris Thigpen Fennell and Mrs. Barbara C. Thigpen appeal from a directed verdict for the plaintiffs, Leona Foskey et al., finding title […]

240 S.E.2d 67 PIERCE v. PIERCE. 32953.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1977. DECIDED NOVEMBER 8, 1977. REHEARING DENIED NOVEMBER 29, 1977. JORDAN, Justice. This appeal arises from an order awarding temporary alimony, child support and attorney fees to the appellee. Appellant contends that based on the needs of his wife and his ability to […]

159 S.E.2d 403 DAVIS v. HOLT et al. 24451.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1968. DECIDED JANUARY 18, 1968. FRANKUM, Justice. The appeal in this case is from the denial of a motion by the plaintiff for a summary judgment in his favor in his action in the nature of mandamus against the appellees. The […]

50 S.E.2d 318 GIBBS v. FORRESTER. 16355.Supreme Court of Georgia. OCTOBER 13, 1948. REHEARING DENIED NOVEMBER 18, 1948. 1. There is no merit in the motion to dismiss the bill of exceptions. 2. The allegations of the petition failed to state a cause of action for a declaratory judgment to establish that the plaintiff and […]

421 S.E.2d 65 HOSICK v. THE STATE. S92A0853.Supreme Court of Georgia. DECIDED OCTOBER 2, 1992. CLARKE, Chief Justice. Charles D. Hosick, Jr. was convicted of the malice murder of Jon Berry Bragg, and sentenced to life imprisonment.[1] Witnesses testified that on the evening of April 23, 1990, the defendant walked into a Bennigan’s Restaurant in […]

46 S.E.2d 259 ARLINGTON CORP. et al. v. TORBERT. ARLINGTON CORP. et al. v. WILLIS et al. 16045, 16046.Supreme Court of Georgia. JANUARY 13, 1948. REHEARING DENIED FEBRUARY 12, 1948. JENKINS, Chief Justice. The judgment of this court in the case of Irwin v. Willis, 202 Ga. 463 (43 S.E.2d 691), in which The Arlington […]

575 S.E.2d 895 ROEBUCK v. THE STATE. S02A1895.Supreme Court of Georgia. Decided: January 27, 2003. SEARS, Presiding Justice. Appellant Douglas Roebuck appeals his convictions for malice murder and related crimes,[1] claiming his custodial statement should Page 137 not have been admitted into evidence at trial. Having reviewed the record, we conclude that appellant’s post-arrest statement […]

581 S.E.2d 1 HOWARD v. LANE. S03A0282.Supreme Court of Georgia. DECIDED: May 19, 2003 HINES, Justice. Paul Howard, the Fulton County District Attorney, has filed this appeal from the denial of a petition for a writ of prohibition. Finding that this Court is without jurisdiction to address this matter, we dismiss. The State sought to […]

286 S.E.2d 290 CHAPMAN v. McCLELLAND et al. 37959.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. HILL, Presiding Justice. Judge Melville Price died intestate in 1964, survived by his wife, Kathryn Delk Price, and two daughters of a previous marriage, Sadie Price Jones and Frances M. Price. Since 1964, the Melville Price estate has been […]

695 S.E.2d 628 DUPREE v. DUPREE. No. S10F0516.Supreme Court of Georgia. DECIDED JUNE 7, 2010. NAHMIAS, Justice. Pursuant to this Court’s pilot project for domestic relations cases, we granted appellant Samuel Dupree’s application for discretionary appeal of the final decree of divorce from appellee Cynthia Dupree. Samuel contends, among other things, that the trial court’s […]

608 S.E.2d 636 GENERAL ELECTRIC COMPANY v. LOWE’S HOME CENTERS, INC. S04Q2099.Supreme Court of Georgia. DECIDED FEBRUARY 7, 2005. RECONSIDERATION DENIED MARCH 7, 2005. FLETCHER, Chief Justice. The first question certified by the Eleventh Circuit in this case is whether Georgia’s economic loss rule allows a plaintiff to recover in tort lost profits that would […]

60 S.E.2d 395 HARDIN v. CROFT. 17127.Supreme Court of Georgia. JULY 11, 1950. HAWKINS, Justice. 1. When the question of the power of the County Commissioners of Roads and Revenues of Richmond County, Georgia, to make any exception with respect to the status of a particular district or area already zoned, by amending or repealing […]

525 S.E.2d 339 WILSON v. THE STATE S99P0651.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 BENHAM, Chief Justice. A jury convicted Marion Wilson, Jr. of malice murder, felony murder, armed robbery, hijacking a motor vehicle, possession of a firearm during the commission of a crime, and possession of a Page 812 sawed-off shotgun.[1] The jury […]

57 S.E.2d 77 PANTONE et al. v. PANTONE. 16878.Supreme Court of Georgia. JANUARY 9, 1950. 1. Where a deed is sought to be set aside on the ground of lack of mental capacity on the part of the grantor to execute a valid contract, the issue as to contractual capacity is to be determined by […]

711 S.E.2d 676 MANUEL v. THE STATE. No. S11A0603.Supreme Court of Georgia. DECIDED JUNE 13, 2011. CARLEY, Presiding Justice. A jury returned verdicts finding Ron Manuel guilty of malice murder and possession of a firearm during the commission of a felony. The trial court entered judgments of conviction and sentenced Manuel to life imprisonment for […]

174 S.E.2d 925 THRALL v. THE STATE. 25719.Supreme Court of Georgia.ARGUED APRIL 14, 1970. DECIDED APRIL 23, 1970. NICHOLS, Justice. The alleged constitutional question which would give the Supreme Court jurisdiction of the present appeal was raised for the first time in a motion for new trial filed after conviction and comes too late. Accordingly, […]

108 S.E.2d 330 YATES v. YATES, Administratrix. 20409.Supreme Court of Georgia.ARGUED MARCH 10, 1959. DECIDED APRIL 9, 1959. The judgment of the court below was not error for any of the reasons assigned. Page 844 ARGUED MARCH 10, 1959 — DECIDED APRIL 9, 1959. Specific performance. Glynn Superior Court. Before Judge Thomas. December 27, 1958. […]

107 S.E.2d 829 CARMICHAEL et al. TUCKER; and vice versa. 20284, 20303.Supreme Court of Georgia.ARGUED JANUARY 15, 1959. DECIDED FEBRUARY 6, 1959. REHEARING DENIED MARCH 6, 1959. 1. A general allegation in a petition, seeking to enjoin an apprehended trespass, that the acts of defendants will be irreparable, unattended by such a statement of facts […]

476 S.E.2d 248 KICKLIGHTER v. WOODWARD ET AL. KICKLIGHTER ET AL. v. KICKLIGHTER. S96A0780, S96X0781.Supreme Court of Georgia. DECIDED OCTOBER 7, 1996. THOMPSON, Justice. This litigation involves the construction of the last will and testament of Samuel Kicklighter, three codicils thereto, and a trust created under that will. Myrtice Kicklighter is the widow of Samuel […]

216 S.E.2d 332 SUNDBERG v. THE STATE. 29916.Supreme Court of Georgia.ARGUED MAY 12, 1975. DECIDED MAY 27, 1975. NICHOLS, Chief Justice. Richard Chason Sundberg was indicted in a two-count indictment for possession of marijuana (Count 1) and for the sale and distribution of Phencyclidine (PCP) (Count 2). A demurrer was filed to the second count […]

267 S.E.2d 16 KAUFMANN v. KAUFMANN. 35891.Supreme Court of Georgia.SUBMITTED FEBRUARY 1, 1980. DECIDED APRIL 29, 1980. JORDAN, Presiding Justice. Gary E. Kaufmann, the appellant, filed a petition to modify the divorce decree between himself and his former wife, Joan S. Kaufmann, the appellee. Following trial, the jury reduced the appellant’s annual alimony payments from […]

22 S.E.2d 790 BOYKIN, solicitor-general, v. MARTOCELLO. 14269.Supreme Court of Georgia. NOVEMBER 12, 1942. A solicitor-general is not authorized, merely in virtue of his office, to institute a proceeding to set aside a decree of divorce. The instant petition filed for that purpose was properly dismissed on general demurrer on the ground that the petitioner […]

259 S.E.2d 458 PEACOCK v. OWENS. 35048.Supreme Court of Georgia.ARGUED JULY 9, 1979. DECIDED SEPTEMBER 10, 1979. JORDAN, Justice. This is an appeal in a will construction case in which the trial court held that the devise of certain real estate “fails because an ademption by extinction has taken place.” At issue is Code Ann. […]

385 S.E.2d 85 GERAGHTY v. GERAGHTY. S89A0343.Supreme Court of Georgia. DECIDED NOVEMBER 2, 1989. WELTNER, Justice. We granted discretionary appeal to determine whether certain language in an alimony agreement was sufficient to accomplish a waiver of the right to seek modification. The language in question is: “The parties herein waive their Statutory right to a […]

26 S.E.2d 334 CITY OF ATLANTA v. DEKALB COUNTY et al. 14560.Supreme Court of Georgia. JUNE 12, 1943. 1. The provision in the charter of the City of Atlanta, that “The Mayor and General Council, and all persons acting under their authority, shall have the right to use the ground or soil under any road, […]

118 S.E.2d 581 KING MANUFACTURING COMPANY v. CLAY et al. 21119.Supreme Court of Georgia.ARGUED JANUARY 9, 1961. DECIDED FEBRUARY 9, 1961. 1. The cross-action of the defendant corporation failing to allege any breach of duty the plaintiffs as stockholders and directors owed the corporation or its properties, it was not error to sustain the general […]

519 S.E.2d 665 HANEY et al. v. DEVELOPMENT AUTHORITY OF BREMEN et al. (three cases). 599A1141, 599A1142, 599A1281.Supreme Court of Georgia. DECIDED: JULY 8, 1999. FLETCHER, Presiding Justice. The Development Authority of Bremen sought to issue $7.2 million in revenue bonds to finance a public golf course in an industrial park in the City of […]

573 S.E.2d 49 WARDEN SCOTT v. WRIGHT S02A1236.Supreme Court of Georgia. Decided: November 25, 2002 CARLEY, Justice. Andrew Burl Wright is a prisoner in the custody of the Federal Bureau of Prisons (Bureau) within the State of Georgia in Fulton County. In this habeas proceeding, he challenged several state convictions based on guilty pleas, alleging […]

80 S.E.2d 274 GULLEDGE et al. v. AUGUSTA COACH COMPANY et al. 18404.Supreme Court of Georgia.ARGUED NOVEMBER 9, 10, 1953. DECIDED JANUARY 11, 1954. REHEARING DENIED FEBRUARY 11, 1954. The allegations of the amended petition brought by citizens and taxpayers — to the effect that the municipal authorities were unlawfully and wrongfully employing extra policemen, […]

216 S.E.2d 327 CAMBRON v. RICKETTS. 29914.Supreme Court of Georgia.SUBMITTED MAY 5, 1975. DECIDED MAY 20, 1975. NICHOLS, Chief Justice. Appellant appeals from the denial of his application for writ of habeas corpus attacking his conviction for burglary in Fulton Superior Court. The judge in the habeas court, in his findings of fact and conclusion […]

11 S.E.2d 660 SWIFT v. SWIFT et al.; et vice versa. 13487, 13488.Supreme Court of Georgia. NOVEMBER 12, 1940. JENKINS, Justice. The direct bill of exceptions complain of the order of the trial judge finding against the traverse of an entry of filing by the deputy clerk on a motion for new trial, and dismissing […]

497 S.E.2d 231 SIMON v. THE STATE. S97A2008.Supreme Court of Georgia. DECIDED MARCH 19, 1998. SEARS, Justice. The appellant, Corey Simon, who was sixteen years old at the time of the crimes, was convicted of malice murder, felony murder, armed Page 209 robbery, and aggravated assault.[1] He was sentenced to life imprisonment for malice murder […]

571 S.E.2d 368 BALBOSA v. THE STATE. S01G1726.Supreme Court of Georgia. Decided October 15, 2002 THOMPSON, Justice. Pedro Balbosa was indicted on two counts of aggravated assault and one count of making terroristic threats. He was tried by a judge without a jury, found guilty on all counts, and sentenced to 15 years in prison. […]

695 S.E.2d 22 THOMAS v. FREEMAN. No. S10A0166.Supreme Court of Georgia. DECIDED MAY 3, 2010. NAHMIAS, Justice. Shelton Thomas filed this pre-trial habeas action, raising numerous contentions about his pending prosecution for armed robbery, aggravated assault, and other crimes. The habeas court dismissed the habeas petition, ruling that, because Thomas’s conviction was not yet final, […]

234 S.E.2d 24 SMITH v. TELECABLE OF COLUMBUS, INC. 32040.Supreme Court of Georgia.SUBMITTED FEBRUARY 25, 1977. DECIDED MARCH 10, 1977. HALL, Justice. We granted the application for writ of certiorari to review the decision and judgment of the Court of Appeals in Smith v. Telecable of Columbus, 140 Ga. App. 755 (232 S.E.2d 100) (1976). […]

658 S.E.2d 569 DONALD et al. v. PRICE. No. S08A0436.Supreme Court of Georgia. DECIDED MARCH 10, 2008. CARLEY, Justice. Rashad D. Price is an inmate at a state prison. Acting pro se, he filed a mandamus petition against the Warden of that prison and the Commissioner of the Department of Corrections (Appellants). The trial court […]

295 S.E.2d 727 BROWN v. THE STATE. 38540.Supreme Court of Georgia. DECIDED OCTOBER 5, 1982. REHEARING DENIED OCTOBER 27, 1982. CLARKE, Justice. Appellant, James Willie Brown, was convicted for the murder of Brenda Sue Watson and given the death penalty. In his appeal to this court, Brown raises ten enumerations of error. For reasons which […]

161 S.E.2d 870 MADDOX v. MADDOX; and vice versa. MADDOX, by Guardian and litem v. MADDOX. 24547, 24550. 24549.Supreme Court of Georgia.ARGUED MARCH 13, 1968. DECIDED APRIL 4, 1968. REHEARING DENIED APRIL 23, 1968. 1. A contract for the adoption of a minor child, made in consideration of marriage of her mother, is within the […]

203 S.E.2d 487 BROWN et al. v. WRIGHT et al. 28690.Supreme Court of Georgia.ARGUED FEBRUARY 6, 1974. DECIDED FEBRUARY 8, 1974. INGRAM, Justice. The appellees are citizens and taxpayers in Fulton County, who filed a petition for declaratory judgment in the Superior Court of that county attacking “the validity of Act No. 229, Ga. L. […]

86 S.E.2d 306 JACKSON v. THE STATE. 18880.Supreme Court of Georgia.SUBMITTED FEBRUARY 15, 1955. DECIDED MARCH 16, 1955. HAWKINS, Justice. Howard Jackson was indicted in Coweta Superior Court for the murder of his wife by shooting her with a shotgun. The jury returned a verdict of guilty without a recommendation of mercy. To the judgment […]

262 S.E.2d 94 BRALY et al. v. BRALY. 35530.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1979. DECIDED NOVEMBER 26, 1979. PER CURIAM. This is an appeal from a judgment awarding the former wife one-half undivided interest in a described tract of real property. The evidence shows that during the period of the marriage the appellant-husband and […]

348 S.E.2d 628 GLYNN COUNTY FEDERAL EMPLOYEES CREDIT UNION v. PEAGLER et al. 43163.Supreme Court of Georgia. DECIDED OCTOBER 7, 1986. RECONSIDERATION DENIED OCTOBER 28, 1986. SMITH, Justice. A McIntosh County jury awarded the appellees, G. C. Carter and Sharon Peagler, $8,000 in general damages for fraud, $75,000 in punitive damages, and $6,400 in attorney […]

22 S.E.2d 499 IRWIN v. THE STATE. 14248.Supreme Court of Georgia. OCTOBER 13, 1942. 1. Conviction of murder was authorized by the evidence. 2, 3. Rulings on admissibility of evidence over objections. 4. Under the evidence and the statement of the accused at the trial, either he was justified as he contended, or he was […]

22 S.E.2d 510 MOORE v. THE STATE. 14281.Supreme Court of Georgia. OCTOBER 13, 1942. REID, Chief Justice. Under the rulings in Hendry v. State, 147 Ga. 260 (8) (93 S.E., 413), and Starling v. State, 149 Ga. 172 (99 S.E. 619), “A question as to the constitutionality of a law can not be raised for […]

162 S.E.2d 409 SPIVEY v. GETZ EXTERMINATORS, INC. 24696.Supreme Court of Georgia.ARGUED JUNE 10, 1968. DECIDED JUNE 20, 1968. UNDERCOFLER, Justice. Getz Exterminators, Inc. filed suit against R. Jack Spivey for the alleged violation of an employment contract entered into between the parties. The petition alleges that the defendant was employed as pest control manager […]

416 S.E.2d 512 FISHER v. FREDRICKSON. S92A0428.Supreme Court of Georgia. DECIDED MAY 21, 1992. BELL, Justice. The parties in this case were married in 1967, and were divorced in 1987. The judgment and decree of divorce incorporated a settlement agreement that in part provides that appellant would pay to [appellee] one-half … of his [military] […]

508 S.E.2d 385 BAGWELL v. THE STATE. S98A0686.Supreme Court of Georgia. DECIDED OCTOBER 26, 1998 — RECONSIDERATION DENIED NOVEMBER 20, 1998. HINES, Justice. A jury found Janet Hardin Bagwell guilty of malice murder and of possession of a firearm during the commission of murder in connection with the fatal shooting of her husband, Ronald Bagwell.[1] […]

28 S.E.2d 148 DAVIS et al. v. SMITH et al. 14624.Supreme Court of Georgia. NOVEMBER 11, 1943. Non-interest-bearing certificates of indebtedness issued by the State Highway Board of Georgia under the provisions of the act approved February 26, 1941 (Ga. L. 1941, p. 596), and accounts receivable (1) for paving, due by a county in […]

148 S.E.2d 387 STATE HIGHWAY DEPARTMENT v. KIRCHMEYER et al. 23405.Supreme Court of Georgia.ARGUED APRIL 11, 1966. DECIDED APRIL 19, 1966. GRICE, Justice. This case was originally filed in the Court of Appeals and was transferred by it to this court. However, the only possible basis for jurisdiction of this court is an attack by […]

66 S.E.2d 916 CLAY et al. v. FLOYD et al. 17592.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1951. DECIDED OCTOBER 3, 1951. Where a bill of exceptions, on May 4, 1951, was presented for certification to the trial judge, who, for no cause specified or shown by the record, held the same until July 25, 1951, […]

204 S.E.2d 588 SINKFIELD v. THE STATE. 28325.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1973. DECIDED MARCH 7, 1974. REHEARING DENIED MARCH 21, 1974. GUNTER, Justice. This is an appeal from two convictions for rape and one conviction for child molestation. The jury imposed life sentences on the rape charges and twenty years on the molestation […]

117 S.E.2d 343 MILAM v. ADAMS et al. 20997.Supreme Court of Georgia.ARGUED OCTOBER 10, 1960. DECIDED NOVEMBER 10, 1960. For reasons given in the opinion, the Court of Appeals erred in affirming the judgment of the trial court overruling the general demurrer to the petition. ARGUED OCTOBER 10, 1960 — DECIDED NOVEMBER 10, 1960. Certiorari […]

608 S.E.2d 211 NGUYEN v. DINH. S04F2118.Supreme Court of Georgia. DECIDED JANUARY 24, 2005. CARLEY, Justice. Tam Nguyen (Husband) filed for divorce, and Dung Dinh (Wife) answered and counterclaimed. After a bench trial, the trial court entered a final decree which, in material part, awarded her custody of their young daughter and which permanently restrained […]

184 S.E.2d 82 MORRIS v. THE STATE (two cases). 26619, 26620.Supreme Court of Georgia.ARGUED JULY 13, 1971. DECIDED SEPTEMBER 14, 1971. REHEARING DENIED OCTOBER 8, 1971. 1. The challenge to the array, complaining that appellant was denied a jury representing a cross-section of the community, was properly denied. 2. Denial of the motion to dismiss […]

389 S.E.2d 244 STATE DEPARTMENT OF EDUCATION v. KITCHENS. S90G0212.Supreme Court of Georgia. DECIDED JANUARY 25, 1990. 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 Smith, P. J., and Fletcher, J., […]

477 S.E.2d 23 FELKER v. LUKEMIRE et al. S97A0062.Supreme Court of Georgia. DECIDED OCTOBER 30, 1996. RECONSIDERATION DENIED NOVEMBER 14, 1996. THOMPSON, Justice. On September 26, 1995, August F. Siemon, an attorney representing Ellis Wayne Felker,[1] a death row inmate, sent a letter request to the District Attorney of Houston County pursuant to the Georgia […]

170 S.E.2d 695 BLECKLEY et al. v. VICKERS, Ordinary, et al. 25388.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1969. DECIDED SEPTEMBER 29, 1969. UNDERCOFLER, Justice. L. M. Bleckley and four others filed suit in the Superior Court of Rabun County against Robert H. Vickers as ordinary of said county. The petition alleges that they are citizens, […]

230 S.E.2d 277 CLARK v. THE STATE. 31367.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1976. DECIDED OCTOBER 20, 1976. REHEARING DENIED NOVEMBER 24, 1976. JORDAN, Justice. Harold Clark appeals from his conviction of armed robbery and sentence of 15 years. Two men robbed McCorkle’s Bakery at about 4:50 p. m. on December 30, 1974. The employee […]