Category: Georgia Supreme Court Opinions

234 S.E.2d 506 BROWN v. THE STATE. 31754.Supreme Court of Georgia.SUBMITTED JANUARY 10, 1977. DECIDED APRIL 6, 1977. PER CURIAM. This appeal is from a conviction for murder and a life sentence. Appellant and the victim, both of whom had been drinking, were engaged in a knife fight that resulted in the victim being stabbed […]

163 S.E.2d 885 MARTIN et al. v. APPROVED BANCREDIT CORPORATION et al. HOLCOMB et al. v. APPROVED BANCREDIT CORPORATION et al. 24732, 24733.Supreme Court of Georgia.SUBMITTED JULY 8, 1968. DECIDED SEPTEMBER 23, 1968. The Superior Court of Hall County did not have jurisdiction of the defendant corporations in the present cases and it was not […]

361 S.E.2d 817 RICHARDS v. DOUGLAS COUNTY. 44953.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1987. MARSHALL, Chief Justice. The appellant-plaintiff, James W. Richards, filed the present complaint against the appellee-defendant, the Douglas County Board of Commissioners. In the complaint, the appellant has requested that, through issuance of a writ of mandamus, the trial court overturn […]

264 S.E.2d 174 HOUSING AUTHORITY OF THE CITY OF ATLANTA v. SOUTHERN RAILWAY COMPANY et al. 35138.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED JANUARY 24, 1980. REHEARING DENIED FEBRUARY 19, 1980. JORDAN, Justice. We granted certiorari to review the Court of Appeals’ decision allowing the condemnee Southern Railway to recover lost profits and attorney […]

266 S.E.2d 193 CITY OF ATLANTA v. McCARY. 36061.Supreme Court of Georgia.SUBMITTED MARCH 21, 1980. DECIDED APRIL 8, 1980. UNDERCOFLER, Chief Justice. McCary was convicted of “idling and loitering for the purposes of prostitution” contrary to the City of Atlanta Code § 17-2004. The Superior Court of Fulton County, on certiorari, reversed, holding (1) that […]

47 S.E.2d 275 BRUNSWICK PENINSULAR CORPORATION v. DAUGHARTY. 16085.Supreme Court of Georgia. MARCH 19, 1948. 1. This court will never pass upon the constitutionality of an act of the General Assembly unless it clearly appears in the record that the point was directly and properly made in the court below and distinctly passed on by […]

247 S.E.2d 746 LANCASTER et al. v. ALLEN et al. 33612.Supreme Court of Georgia.SUBMITTED MAY 19, 1978. DECIDED SEPTEMBER 5, 1978. BOWLES, Justice. W. Carswell Rahn was the owner of 5.18 acres of land in Effingham County, Georgia, which was zoned A-R 1, restricted agricultural-residential use. Application was made to the planning board of that […]

36 S.E.2d 773 PARKE, DAVIS AND COMPANY v. CITY OF ATLANTA et al. 15354.Supreme Court of Georgia. JANUARY 17, 1946. 1. Where a foreign corporation kept a stock of goods in a warehouse in the City of Atlanta, Georgia, orders were received and approved outside the State, which were filled by delivering goods from the […]

597 S.E.2d 386 ROBINSON v. THE STATE. S04A0504.Supreme Court of Georgia. DECIDED JUNE 7, 2004. HINES, Justice. Michael Robinson appeals his convictions for malice murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the fatal shooting of convenience store owner, Michael Lane. Robinson contends that certain testimony […]

252 S.E.2d 436 SPAIN v. THE STATE (two cases). 34201, 34202.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1978. DECIDED JANUARY 23, 1979. MARSHALL, Justice. The appellant, James Spain, Jr., and Johnny William Foster were indicted for the murder of Willie Little. They were tried separately, but he was convicted and sentenced to life imprisonment. Following the […]

84 S.E.2d 86 TURNER v. TYSON. 18680.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1954. DECIDED OCTOBER 11, 1954. It was not error to overrule a general demurrer in this case. SUBMITTED SEPTEMBER 13, 1954 — DECIDED OCTOBER 11, 1954. Petition for injunction. Before Judge Atkinson. Chatham Superior Court. March 29, 1954. William V. Tyson, Jr., filed […]

151 S.E.2d 712 NAPIER v. NAPIER. 23753.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1966. DECIDED OCTOBER 20, 1966. REHEARING DENIED NOVEMBER 3, 1966. QUILLIAN, Justice. The notice of appeal and transcript of record in the instant case was docketed in this court on September 7, 1966. The enumeration of errors was filed September 26, 1966, 19 […]

286 S.E.2d 296 YORK v. JARVIS. 38143.Supreme Court of Georgia. DECIDED JANUARY 7, 1982. CLARKE, Justice. Petitioner here seeks habeas corpus on the ground that the warrantless search of his van and seizure of some of its contents violated his rights under the Fourteenth Amendment to the United States Constitution. The habeas court held a […]

251 S.E.2d 566 BRYAN v. BRYAN. 34144.Supreme Court of Georgia.ARGUED OCTOBER 10, 1978. DECIDED JANUARY 5, 1979. HALL, Justice. This appeal questions the interpretation and application of Code § 30-201, which is Georgia’s 1977 alimony statute allowing the factfinder to consider on the question of alimony the factual cause of the separation of the parties […]

180 S.E.2d 730 HISCOCK v. HISCOCK. 26228.Supreme Court of Georgia.ARGUED DECEMBER 15, 1970. DECIDED MARCH 4, 1971. 1. The judgment appealed from was a final judgment which is subject to review by direct appeal. (a) The issues raised by the appeal can be determined without reference to the evidence in the case. 2. The judgment […]

309 S.E.2d 355 LoGIUDICE v. THE STATE. 39491.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1983. REHEARING DENIED DECEMBER 15, 1983. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated. All the Justices concur, except Smith, J., who […]

545 S.E.2d 882 SOUTHERN HEALTHCARE SYSTEMS, INC. v. HEALTH CARE CAPITAL CONSOLIDATED, INC. et al. S01A0242.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 THOMPSON, Justice. Southern Healthcare Systems, Inc. (“SHS”), a non-profit Louisiana corporation, owns several long-term health care facilities in Tennessee, Texas, and Kentucky. In 1990, it entered into agreements with Health Care Capital, […]

44 S.E.2d 903 CAMPBELL v. THE STATE. 15948.Supreme Court of Georgia. OCTOBER 14, 1947. JENKINS, Chief Justice. 1. “After the fact of conspiracy shall be proved, the declarations by any one of the conspirators during the pendency of the criminal project shall be admissible against all.” Code, § 38-306. (a) In the instant case, the […]

51 S.E.2d 635 AULD v. COBB EXCHANGE BANK; et vice versa. 16504, 16518.Supreme Court of Georgia. FEBRUARY 14, 1949. Under the facts disclosed by the record, the trial judge did not err in sustaining a general demurrer to the petition as amended. Nos. 16504, 16518. FEBRUARY 14, 1949. Petition for injunction. Before Judge Hawkins. Cobb […]

191 S.E.2d 38 BROCK v. GERLACH et al. 27125.Supreme Court of Georgia.SUBMITTED APRIL 10, 1972. DECIDED JUNE 28, 1972. GUNTER, Justice. This case involves the ownership, or the percentage of ownership of each of the parties, in a tract of land. The jury found that Mrs. Brock, the appellant, owned an approximate one-fifth (1/5) undivided […]

72 S.E.2d 770 MANRY v. HARDIN et al. 17950.Supreme Court of Georgia.SUBMITTED JULY 15, 1952. DECIDED OCTOBER 14, 1952. ALMAND, Justice. The bill of exceptions in this case recites that, the equitable petition of B. H. Manry v. H. H. Hardin et al. coming on for trial before the court and a jury, at the […]

93 S.E.2d 703 CHEVROLET DIVISION, GENERAL MOTORS CORPORATION v. DEMPSEY. 19309.Supreme Court of Georgia.ARGUED MAY 16, 1956. DECIDED JULY 11, 1956. REHEARING DENIED JULY 24, 1956. Where the Board of Workmen’s Compensation makes an award finding that an employee who is covered by the act has suffered an accidental injury which arose out of and […]

512 S.E.2d 279 IN THE MATTER OF MICHAEL ANTHONY LEWANSKI. S98Y1955.Supreme Court of Georgia. DECIDED: FEBRUARY 22, 1999. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Surrender of License of Michael Anthony Lewanski. The State Bar has no objection to the acceptance of Lewanski’s petition. Lewanski admits violating Standard […]

172 S.E.2d 404 PHARR v. WOODALL et al. 25319.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1969. DECIDED JANUARY 8, 1970. The Court of Appeals properly held that the rental payments rejected by the lessor were legally tendered, and that the trial court erred in rendering judgment for the lessor. ARGUED NOVEMBER 10, 1969 — DECIDED JANUARY […]

232 S.E.2d 60 MULLIS v. MULLIS. 31707.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1976. DECIDED JANUARY 6, 1977. HILL, Justice. The husband and wife signed a separation agreement providing for child custody, visitation, child support payments by the father, and property settlement. The wife filed suit praying for divorce, that the separation agreement be made the […]

229 S.E.2d 737 HILL v. THE STATE. 31082.Supreme Court of Georgia.ARGUED MAY 11, 1976. DECIDED SEPTEMBER 28, 1976. REHEARING DENIED OCTOBER 26, 1976. JORDAN, Justice. Charles Harris Hill, the appellant, James Brown, Jr., and Gary Watts, were indicted for the murder and robbery of Elmo Pressley on April 6, 1975. The appellant was tried separately, […]

15 S.E.2d 442 McCRARY, administrator, v. SALMON. 13588.Supreme Court of Georgia. APRIL 15, 1941. REHEARING DENIED JUNE 14, 1941. 1. The writ of error was not subject to dismissal on the ground that a single bill of exceptions did not lie on refusal of a new trial after verdicts in a single trial of two […]

184 S.E.2d 349 WHIDDON v. FORSHEE et al. 26648.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1971. DECIDED OCTOBER 7, 1971. UNDERCOFLER, Justice. This action arose by complaint filed by Ruthie M. Whiddon against Mrs. W. M. Forshee, individually and as executrix of the estate of W. M. Forshee, deceased, seeking to enjoin the sale of property […]

528 S.E.2d 518 WILLIAMS v. THE STATE. S00A0075.Supreme Court of Georgia. DECIDED: MAY 1, 2000. SEARS, Justice. Appellant Willie Williams appeals his conviction for murder, aggravated assault, illegal firearm possession and interference with government property,[1] claiming, among other things, that the trial court erred in refusing to grant a motion to change venue because the […]

218 S.E.2d 78 NASH v. HOPPER. 29810.Supreme Court of Georgia. DECIDED JUNE 25, 1975. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

155 S.E.2d 401 THOMPSON v. WILLSON et al. 24059.Supreme Court of Georgia.SUBMITTED MAY 8, 1967. DECIDED MAY 18, 1967. 1. Where a mandamus petition prays for a rule nisi as provided in Code § 64-107, and such rule issues and is served, a motion to quash because process issued by the clerk pursuant to a […]

480 S.E.2d 842 HINTON v. INTERSTATE GUARANTY INSURANCE COMPANY. S96G1100.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1997. SEARS, Justice. We granted certiorari in Hinton v. Interstate Guaranty Ins. Co.[1] to consider whether a farm tractor can be an uninsured motor vehicle for purposes of the uninsured motorist statute[2] when, in the course of a nonagricultural […]

523 S.E.2d 849 YOUNG v. BEASLEY, Executrix. S99A0733.Supreme Court of Georgia. DECIDED: NOVEMBER 15, 1999 Fletcher, Presiding Justice. Mary Young appeals the grant of partial summary judgment to Nettie Beasley in Beasley’s suit for ejectment against Young. Because the record on appeal shows that genuine issues of material fact are in dispute, we reverse. Beasley […]

249 S.E.2d 616 O’NEIL v. O’NEIL. 33908.Supreme Court of Georgia.SUBMITTED AUGUST 4, 1978. DECIDED OCTOBER 24, 1978. PER CURIAM. William Joseph O’Neil petitioned in DeKalb Superior Court for modification of his $200 per month child support payments. The trial judge, sitting without a jury, denied the petition after a hearing. O’Neil has brought this appeal, […]

544 S.E.2d 138 HULME v. THE STATE. S00A2059.Supreme Court of Georgia. DECIDED: MARCH 19, 2001. SEARS, Justice. Connie Hulme was convicted of felony murder, with the underlying felony of distribution of methadone, in connection with the death of Lisa Chastain Brown, who died of multiple drug intoxication.[1] Because the record supports the conclusion that Hulme’s […]

52 S.E.2d 613 BRYAN, guardian, et al. v. BARNETT et al. 16576.Supreme Court of Georgia. MARCH 16, 1949. 1. The verdict is supported by the evidence. 2. Where the trial judge is satisfied as to the sufficiency of the examination preliminary to the introduction of secondary evidence of a lost original, his discretion in admitting […]

311 S.E.2d 178 MOBLEY v. BOARD OF COMMISSIONERS OF POLK COUNTY. 40303.Supreme Court of Georgia. DECIDED JANUARY 19, 1984. SMITH, Justice. Appellant James P. “Pinky” Mobley appeals from a Polk County Superior Court order granting appellee Board of Commissioners of Polk County’s motion for summary judgment and dismissing Mobley’s counterclaim. At issue are commissions, totaling […]

208 S.E.2d 464 CARRUTH v. THE STATE. 28939.Supreme Court of Georgia.SUBMITTED MAY 31, 1974. DECIDED SEPTEMBER 3, 1974. INGRAM, Justice. Appellant was convicted in Fulton Superior Court of Page 645 armed robbery and received a sentence of 12 years to be served in the State Penitentiary. His motion for a new trial was overruled by […]

198 S.E.2d 321 LOGAN v. NUNNELLY. 27845.Supreme Court of Georgia.SUBMITTED APRIL 9, 1973. DECIDED MAY 10, 1973. HAWES, Justice. This case originated when Ruby C. Logan filed in the court of ordinary an application to be appointed permanent administratrix on the estate of Charlie T. Logan. The caveat of Alice Lee Nunnelly and Helen Stephens […]

664 S.E.2d 207 REAVES v. THE STATE. No. S08A0126.Supreme Court of Georgia. DECIDED JULY 11, 2008. RECONSIDERATION DENIED JULY 25, 2008. BENHAM, Justice. Charlott Lynett Reaves has been charged with malice murder and related offenses in connection with the death of her 11-year-old stepdaughter.[1] We granted Reaves’s application for interim review and directed the parties […]

152 S.E.2d 886 COUCH v. BIOUST. 23790.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1966. DECIDED JANUARY 5, 1967. 1. Where a petitioner seeks to enforce by decree of specific performance an oral contract to devise real property in consideration of ordinary personal services (and the contract is not one between near relatives, with an agreement to […]

701 S.E.2d 165 ROBINSON et al. v. BOYD. No.S10G0084.Supreme Court of Georgia. DECIDED OCTOBER 18, 2010. NAHMIAS, Justice. The principal issue in this appeal is the application of our decision in Hobbs v. Arthur, 264 Ga. 359 (444 SE2d 322) (1994), where we held that, “inasmuch as diligence in perfecting service of process in an […]

63 S.E.2d 1 EVERETT v. SHARPE. 17299.Supreme Court of Georgia. JANUARY 8, 1951. Where there are issues of fact in a habeas corpus case involving the custody of minor children, it is erroneous for the trial judge to base his judgment (in part) upon documents which were excluded and not a part of the record […]

458 S.E.2d 128 IN THE MATTER OF MARY M. YOUNG-CUMMINGS. S94Y1908.Supreme Court of Georgia. DECIDED JUNE 12, 1995. PER CURIAM. Mary M. Young-Cummings filed a petition for voluntary surrender of her license to practice law following our prior decision and remand to the review panel in this disciplinary action. In the Matter of Mary M. […]

492 S.E.2d 514 IN THE MATTER OF PAUL W. CALHOUN, JR. S97Y0927.Supreme Court of Georgia. DECIDED NOVEMBER 3, 1997 — RECONSIDERATION DENIED NOVEMBER 21, 1997. PER CURIAM. In 1993, this Court accepted a petition for voluntary suspension from respondent Paul W. Calhoun, Jr., pending the outcome of an appeal of his conviction for money laundering […]

46 S.E.2d 901 BROWNLEE et al. v. BROWNLEE et al. FORD et al. v. BROWNLEE et al. 16108, 16109.Supreme Court of Georgia. MARCH 18, 1948. 1. The motions to dismiss the writs of error are denied. 2. A judgment setting apart a year’s support where all the proceedings are regular can not be attacked for […]

123 S.E.2d 656 KENNEDY et al. v. BATEMAN. 21389.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1961. DECIDED NOVEMBER 9, 1961. REHEARING DENIED NOVEMBER 21, 1961. The evidence was insufficient to support the verdict of the jury canceling the release involved here, and the denial of the defendant’s motion for a judgment notwithstanding such verdict was error. […]

549 S.E.2d 359 THOMAS v. THE STATE. TABORN v. THE STATE. S01A0146, S01A0321.Supreme Court of Georgia. DECIDED: JULY 16, 2001 HINES, Justice Makeba Thomas and Michael Taborn appeal their convictions for malice murder, armed robbery, theft by taking a motor vehicle, and burglary in connection with the killing of Deidre Stewart. Collectively, Thomas and Taborn […]

198 S.E.2d 671 PROCTOR v. AULT. 27942.Supreme Court of Georgia.SUBMITTED MAY 15, 1973. DECIDED MAY 31, 1973. JORDAN, Justice. Applicant for writ of habeas corpus filed his petition alleging that he was arrested on September 21, 1971, without a warrant on a drug possession charge and sentenced to a term of 5 years; that he […]

166 S.E.2d 352 WEEMS v. WEEMS. 25062.Supreme Court of Georgia.SUBMITTED FEBRUARY 10, 1969. DECIDED FEBRUARY 20, 1969. UNDERCOFLER, Justice. William G. Weems brought an action for divorce in Putnam Superior Court (Case No. 2096) against Emily Jones Weems, a nonresident. She filed an answer, counterclaim for alimony, and a motion to dismiss the petition because […]

7 S.E.2d 258 DOLLAR et al. v. FRED W. AMEND COMPANY et al. 13016.Supreme Court of Georgia. FEBRUARY 15, 1940. ATKINSON, Presiding Justice. 1. The first assignment of error relates to the overruling of the general demurrers interposed by Dollar et al. to the equitable petition in which Fred W. Amend Company et al. were […]

244 S.E.2d 12 GOOLSBY v. GOOLSBY. 33262.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1978. DECIDED APRIL 4, 1978. HALL, Justice. Where undisputed figures show that for the six months prior to the divorce the former husband had averaged $884.80 net profit from his business, plus profit in an unknown amount on three houses taken in as […]

183 S.E.2d 370 WALLACE v. GRAVES. 26550.Supreme Court of Georgia.SUBMITTED JUNE 14, 1971. DECIDED JULY 9, 1971. NICHOLS, Justice. The appellant (former husband) appeals from a judgment rendered in a contempt proceeding filed by his former wife to enforce the alimony provisions of a divorce decree which provisions for alimony were based upon an agreement […]

401 S.E.2d 4 SEARS, ROEBUCK COMPANY v. PARSONS et al. S90A1678.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1991. HUNT, Justice. This case presents a constitutional challenge to a contingency fee contract between the Chatham County Board of Tax Assessors and Atlantic Resources, Inc., a private auditing corporation. Sears appeals from the denial of the major […]

604 S.E.2d 144 HUNT v. THE STATE. S04A0960.Supreme Court of Georgia. DECIDED OCTOBER 12, 2004. HUNSTEIN, Justice. Anthony Leon Hunt was convicted of malice murder, felony murder and aggravated assault in the shooting death of Melvin Manual. He was sentenced to life imprisonment for the felony murder conviction. He appeals from the denial of his […]

249 S.E.2d 64 FLUCAS v. HINSON et al. 33943.Supreme Court of Georgia.SUBMITTED AUGUST 18, 1978. DECIDED OCTOBER 17, 1978. MARSHALL, Justice. This appeal is from an order denying appellant’s prose mandamus petition to the trial judge and clerk of court for a free copy of his criminal trial transcript and related documents. The grounds of […]

250 S.E.2d 470 LEVENDIS v. COBB COUNTY et al. 33938.Supreme Court of Georgia.SUBMITTED AUGUST 18, 1978. DECIDED NOVEMBER 22, 1978. JORDAN, Justice. Appellant’s application for a beer, wine and liquor license was denied. He then filed a petition for mandamus and declaratory judgment seeking to declare portions of Cobb County’s licensing ordinances unconstitutional, or, in […]

253 S.E.2d 727 HAMMOCK v. ZANT. 34508.Supreme Court of Georgia.ARGUED FEBRUARY 20, 1979. DECIDED MARCH 6, 1979. UNDERCOFLER, Presiding Justice. Hammock was indicted, convicted and sentenced to ten years on a conspiracy charge. On appeal, in Hammock v. State, 146 Ga. App. 339 (246 S.E.2d 392) (1978), he claimed the indictment was not sufficient to […]

627 S.E.2d 569 JACKSON COUNTY et al. v. EARTH RESOURCES, INC. S05A1653.Supreme Court of Georgia. DECIDED MARCH 13, 2006. RECONSIDERATION DENIED APRIL 13, 2006. HINES, Justice. Earth Resources, Inc. (“Earth Resources”) applied for a conditional use permit to develop 94.48 acres of real property as a construction and demolition landfill. The application was twice presented […]

704 S.E.2d 805 IN THE MATTER OF NINA LAMBERT ROBERTS. No. S10Y1795.Supreme Court of Georgia. DECIDED JANUARY 24, 2011. PER CURIAM. This disciplinary matter is before the Court on the Report and Recommendations of special master Scott Lester Bonder, who considered four separate disciplinary matters filed against Respondent Nina Lambert Roberts (State Bar No. 608815) […]

211 S.E.2d 306 SMITH et al. v. HATGIMISIOS et al. 29404.Supreme Court of Georgia.SUBMITTED NOVEMBER 18, 1974. DECIDED DECEMBER 3, 1974. INGRAM, Justice. This is an appeal in a custody dispute between the Page 355 mother and father of two minor children on the one hand and the maternal great aunt and uncle of the […]

275 S.E.2d 67 JONES v. THE STATE. 36949.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1981. REHEARING DENIED MARCH 11, 1981. SMITH, Justice. Jones was convicted for the murder of his former wife and sentenced to life imprisonment. In this appeal he raises nine enumerations of error. We affirm. 1. In his eighth enumeration of error […]

244 S.E.2d 853 DOZIER et al. v. NORRIS et al. 33384.Supreme Court of Georgia.ARGUED MARCH 15, 1978. DECIDED APRIL 18, 1978. PER CURIAM. The appellants, citizens and taxpayers of Columbia County, enumerate as error various sections of the order of the trial court denying the injunctive relief, mandamus absolute, and other relief they had sought […]

60 S.E.2d 433 FOUNTAIN v. THE STATE. 17155.Supreme Court of Georgia. JULY 11, 1950. 1. Though it is ordinarily inapt in a criminal case to give in charge Code § 38-107, in whole or in part, the instruction here complained of was harmless and does not constitute reversible error. 2. The court did not err, […]

152 S.E.2d 836 PEACOCK v. BOYD et al. 23825.Supreme Court of Georgia.ARGUED DECEMBER 12, 1966. DECIDED JANUARY 5, 1967. MOBLEY, Justice. Appellant, J. L. Peacock, brought a petition against George Nichols, Lossie L. Boyd, Mrs. Beatrice Fort and the Farmers Merchants Bank alleging the following material facts: That Mrs. Fort is owner of described land […]

256 S.E.2d 381 THE STATE v. ALLEN. 34460.Supreme Court of Georgia.ARGUED MARCH 12, 1979. DECIDED APRIL 17, 1979. UNDERCOFLER, Presiding Justice. This is a certiorari to the Court of Appeals. Allen v. State, 147 Ga. App. 701 (250 S.E.2d 5) (1978). The only question is whether a requested charge on involuntary manslaughter under Code Ann. […]

261 S.E.2d 399 COBURN v. McDILL. 35517.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1979. DECIDED NOVEMBER 6, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED OCTOBER 12, 1979 — DECIDED NOVEMBER 6, 1979. Interlocutory appeal; specific performance, etc. Hall Superior Court. Before Judge Palmour. Robert E. Andrews, for appellant. James […]

148 S.E.2d 491 PECK v. SHIERLING et al. 23403.Supreme Court of Georgia.ARGUED MARCH 15, 1966. DECIDED APRIL 7, 1966. Where the legal right to the minor child was in the mother, the court erred in granting custody to third parties on the ground that the father, now deceased, who was first awarded custody, had given […]

87 S.E.2d 70 WILLIAMS, Commissioner of Revenue, v. HIRSCH, executrix. 18904.Supreme Court of Georgia.ARGUED MARCH 15, 1955. DECIDED APRIL 11, 1955. CANDLER, Justice. Mrs. J. N. Hirsch, as executrix of the estate of J. N. Hirsch, deceased, d/b/a J. N. Hirsch, pursuant to the provisions of Chapter 92-22 of the Code of 1933, applied for […]

48 S.E.2d 831 MIDTOWN CHAINS HOTEL COMPANY et al. v. MERRIMAN. 16273.Supreme Court of Georgia. JULY 15, 1948. In the absence of fraud, accident, or mistake, a client is bound by a consent judgment entered into by his counsel acting within the general scope of his employment; and since in the instant case there were […]

439 S.E.2d 476 HARRIS v. HANNA CREATIVE ENTERPRISES. S93G1289.Supreme Court of Georgia. DECIDED FEBRUARY 3, 1994. 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 Benham, Sears-Collins and Carley, JJ., who dissent. […]

145 S.E.2d 247 TOWNSEND, Administrator v. TOWNSEND et al. 23129.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1965. DECIDED OCTOBER 7, 1965. QUILLIAN, Justice. In the present case the exception is to a judgment overruling a general demurrer where it affirmatively appears upon the face of the petition that the court is without jurisdiction. Thus no right […]

115 S.E.2d 567 MIDDLETON et al. v. MOODY. 20940.Supreme Court of Georgia.ARGUED JUNE 14, 1960. DECIDED JULY 7, 1960. REHEARING DENIED JULY 19, 1960. CANDLER, Justice. The Democratic Executive Committee of Brantley County held a primary election on February 16, 1960, for the purpose of nominating its candidates for county offices, including the office of […]

580 S.E.2d 206 GEORGIA DEPARTMENT of HUMAN RESOURCES v. SWEAT et al. S03A0179.Supreme Court of Georgia. Decided: April 29, 2003 SEARS, Presiding Justice. The trial court declared Georgia’s statutory child support guidelines to be unconstitutional, concluding they violate the constitutional guarantees of due process, equal protection and privacy, and also operate as an unconstitutional taking […]

77 S.E.2d 727 TOWN OF GARDEN CITY et al. v. LONG et al. 18331.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1953. DECIDED SEPTEMBER 15, 1953. REHEARING DENIED SEPTEMBER 28, 1953. CANDLER, Justice. This case is controlled by the decision in Phillips v. City of Atlanta, ante. Judgment affirmed. All the Justices concur, except Atkinson, P.J., not […]

701 S.E.2d 172 SAMUELS v. THE STATE. No.S10A1710.Supreme Court of Georgia. DECIDED OCTOBER 18, 2010. THOMPSON, Justice. Dannie Lee Samuels, Jr., was convicted of malice murder, rape, and related offenses in connection with the beating and strangulation death of Barbara Hefner, his supervisor at work.[1] Samuels appeals from the denial of his motion for new […]

221 S.E.2d 41 SMITH v. THE STATE. 30412.Supreme Court of Georgia.SUBMITTED OCTOBER 7, 1975. DECIDED NOVEMBER 24, 1975. JORDAN, Justice. The appellant Gary Smith was convicted of murder and sentenced to life imprisonment. His appeal asserts error (1) on the admission of a confession of the defendant; (2) in denying the defendant a continuance; (3) […]

543 S.E.2d 712 MATHIS v. THE STATE. S00A1760.Supreme Court of Georgia. DECIDED: MARCH 2, 2001 HINES, Justice. Antonio Lamont Mathis was convicted of armed robbery, hijacking a motor vehicle, and kidnapping. In a pretrial motion and in his amended motion for new trial, Mathis challenged the constitutionality of OCGA § 16-5-44.1 (d), which provides that […]

288 S.E.2d 571 CHILDRESS et al. v. FARRIS et al. 37874.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Smith, J., who dissents. DECIDED JANUARY 6, 1982. Zoning; injunction, etc. Fulton Superior Court. Before Judge Cooper. William P. Walker, Jr., for appellants. Franklin […]

231 S.E.2d 760 RICHARDSON v. INDUSTRIAL WELDING TOOL SUPPLIES, INC. 31447.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1976. DECIDED JANUARY 5, 1977. HILL, Justice. Default judgment was entered against appellant Richardson on August 30, 1975, in the amount of $3,307.73. On October 17, 1975, Richardson filed a motion to set aside the judgment and a complaint […]

238 S.E.2d 113 GEORGIA CONGRESS OF PARENTS TEACHERS, INC. v. BOYNTON et al. 32308.Supreme Court of Georgia.ARGUED MAY 11, 1977. DECIDED SEPTEMBER 7, 1977. BOWLES, Justice. This is an appeal from an order granting appellees’ motion for summary judgment. The sole issue for determination is whether the institution involved here is one of purely public […]

292 S.E.2d 842 BOWENS v. THE STATE. 38752.Supreme Court of Georgia. DECIDED JULY 8, 1982. WELTNER, Justice. Charles Bowens was convicted of murdering Edwin Ray Walker by shooting and killing him with a handgun while in the commission of an attempted armed robbery. A sentence of life imprisonment was imposed. Bowens’ accomplice, John Williams, testified […]

499 S.E.2d 67 GRANTHAM v. GRANTHAM S98A0348.Supreme Court of Georgia. DECIDED MAY 4, 1998. BENHAM, Chief Justice. In December 1995, appellee Margaret Grantham filed a complaint seeking custody of her two-year-old granddaughter, alleging that her daughter and the child’s mother, appellant Joyce Grantham, was not a fit and proper person to have custody of the […]

594 S.E.2d 376 COX et al. v. KING. S04A0580Supreme Court of Georgia. DECIDED: MARCH 29, 2004 PER CURIAM. The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. Affirmed without opinion. All the Justices concur.

334 S.E.2d 311 IN THE MATTER OF W. LARUE BOYCE, JR. SUPREME COURT DISCIPLINARY NO. 313.Supreme Court of Georgia. DECIDED SEPTEMBER 26, 1985. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against the respondent, charging him with violations of the following Standards of State Bar Rule 4-102: Standard 4 (professional conduct involving dishonesty, […]

219 S.E.2d 101 LAWRENCE v. THE STATE. 30258.Supreme Court of Georgia.SUBMITTED AUGUST 22, 1975. DECIDED SEPTEMBER 16, 1975. HALL, Justice. This is Lawrence’s appeal from his convictions of armed robbery and aggravated assault growing out of the Page 217 April 11, 1974, $139 robbery of Johnny V.’s restaurant in Macon, Georgia, in the course of […]

273 S.E.2d 405 IN THE MATTER OF STONER. SUPREME COURT DISCIPLINARY NO. 142.Supreme Court of Georgia. DECIDED OCTOBER 29, 1980. PER CURIAM. On May 14, 1980, Respondent, Jessee Benjamin Stoner, was convicted of a felony in Jefferson County, Alabama. A disciplinary action was brought against him in this state and after notice and a hearing, […]

96 S.E.2d 580 RUIS v. BANK OF ALBANY et al. 19563.Supreme Court of Georgia.ARGUED JANUARY 14, 1957. DECIDED FEBRUARY 12, 1957. DUCKWORTH, Chief Justice. Where, as here, the petition alleges that the plaintiff is the beneficiary of a life-insurance policy which had been assigned by the deceased insured to the defendant Bank of Albany as […]

657 S.E.2d 242 IN THE MATTER OF EARL ANTOINE DAVIDSON. No. S08Y0152.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. PER CURIAM. In this disciplinary matter Earl Antoine Davidson failed to file a Notice of Rejection to the Notice of Discipline, despite having acknowledged service. Therefore, Davidson is in default, has waived his rights to an […]

101 S.E.2d 712 WELLMAKER v. ROBERTS et al. 19895.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1957. DECIDED JANUARY 10, 1958. HAWKINS, Justice. Mary Esther Wellmaker filed suit against James T. L. Roberts, alleging that she became acquainted with defendant Robert shortly before Christmas, 1947; that she and defendant became close associates, and between February 15 and […]

153 S.E.2d 542 MURPHEY, TAYLOR ELLIS, INC. v. WILLIAMS et al. WILLIAMS v. MURPHEY, TAYLOR ELLIS, INC. (two cases). 23841. 23842, 23857.Supreme Court of Georgia.ARGUED DECEMBER 13, 1966. DECIDED FEBRUARY 10, 1967. REHEARING DENIED FEBRUARY 23, 1967. 1. In the first and second counts of the petition no substantial relief is sought against the only […]

555 S.E.2d 732 SCOTT et al. v. SOUTH TRUST ASSET MANAGEMENT CO., et al. S01A1373.Supreme Court of Georgia. DECIDED: NOVEMBER 30, 2001. SEARS, Presiding Justice. One of the appellees, South Trust Asset Management, is trustee of a trust that all the parties agree violates the rule against Page 524 perpetuities. South Trust petitioned the trial […]

226 S.E.2d 905 ALFORD et al. v. CITIZENS SOUTHERN NATIONAL BANK et al. DUNLAP v. CITIZENS SOUTHERN NATIONAL BANK et al. CITIZENS SOUTHERN NATIONAL BANK v. ALFORD et al. 30723, 30724, 30787.Supreme Court of Georgia.ARGUED FEBRUARY 10, 1976. DECIDED JUNE 22, 1976. REHEARING DENIED JULY 8, 1976. GUNTER, Justice. These appeals evolve from a three-way […]

185 S.E.2d 771 BELCHER et al. v. HARRIS et al. 26821.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1971. DECIDED NOVEMBER 18, 1971. NICHOLS, Justice. This appeal arises from a judgment of the superior court dismissing a complaint in which it was sought to have declared vacant all offices of the executive committee of the American Party […]

213 S.E.2d 841 REYNOLDS v. REYNOLDS. 29403.Supreme Court of Georgia.SUBMITTED NOVEMBER 22, 1974. DECIDED FEBRUARY 25, 1975. GUNTER, Justice. This is an interlocutory appeal, certified for review, from a judgment that denied appellant’s plea to the jurisdiction of the court in a divorce and alimony case. The matter of the jurisdiction of the court was […]

486 S.E.2d 845 LIVINGSTON v. THE STATE. S97A0353.Supreme Court of Georgia. DECIDED JULY 14, 1997. BENHAM, Chief Justice. After hearing evidence concerning the circumstances surrounding the death of Keith Evans, a jury concluded that appellant Howard Kelley Livingston was guilty of malice murder, kidnaping with bodily injury, motor vehicle theft by taking, arson, concealing a […]

252 S.E.2d 406 SPITZ et al. v. HOLLAND. 34238.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1978. DECIDED JANUARY 4, 1979. REHEARING DENIED JANUARY 23, 1979. JORDAN, Justice. This appeal is from a judgment dismissing a petition for habeas corpus on the ground that the petitioners (appellants) do not have standing to bring the action. The appellants […]

131 S.E.2d 551 BALKCOM, Warden v. JACKSON. 22044.Supreme Court of Georgia.ARGUED MAY 14, 1963. DECIDED MAY 29, 1963. Under the Act of February 5, 1943, as amended, Code Ann. Ch. 77-5, creating the State Board of Pardons and Paroles, a parole can be revoked only by an order of the board. Thus, where a prisoner, […]

197 S.E.2d 129 INDEPENDENT BANKERS ASSOCIATION OF GEORGIA, INC. v. DUNN et al. 27611.Supreme Court of Georgia.ARGUED DECEMBER 12, 1972. DECIDED MARCH 5, 1973. REHEARING DENIED MARCH 26 AND MARCH 30, 1973. UNDERCOFLER, Justice. This suit seeks to compel the Superintendent of Banks of the State of Georgia (now Commissioner of Banking and Finance (Ga. […]