Category: Georgia Supreme Court Opinions

412 S.E.2d 831 POSTELL v. THE STATE. S91G1369.Supreme Court of Georgia. DECIDED FEBRUARY 6, 1992. HUNT, Justice. In Postell v. State, 200 Ga. App. 208 (407 S.E.2d 412) (1991) the Court of Appeals affirmed the defendant’s convictions for rape and robbery by intimidation. We granted the defendant’s application for certiorari to determine whether the trial […]

198 S.E.2d 861 LODGE v. LODGE. 27881.Supreme Court of Georgia.SUBMITTED MAY 14, 1973. DECIDED MAY 31, 1973. JORDAN, Justice. In this habeas corpus proceeding between divorced parents involving the custody of a 10-year-old daughter the respondent father appeals an order awarding the child to the mother based on a finding of a change in condition. […]

247 S.E.2d 868 AVERA v. CITY OF BRUNSWICK. 33754.Supreme Court of Georgia.SUBMITTED JUNE 23, 1978. DECIDED SEPTEMBER 6, 1978. JORDAN, Justice. The appellant bought a lot in the City of Brunswick with a residence on it while an application was pending to rezone the lot from one-family residential use to office commercial district. Rezoning was […]

436 S.E.2d 632 JACKSON v. THE STATE. S93C1182.Supreme Court of Georgia. DECIDED OCTOBER 5, 1993. PER CURIAM. The petition for certiorari in this case is dismissed as moot. All the Justices concur, except Sears-Collins, J., who dissents. SEARS-COLLINS, Justice, dissenting. For the following reasons, I conclude the majority has erred in dismissing the petition for […]

507 S.E.2d 433 IN THE MATTER OF HUGH ROBERT WOODALL. S98Y1125.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. PER CURIAM. This disciplinary proceeding is before the Court on the special master’s report on respondent Hugh Robert Woodall’s default for failure to file a timely answer to the Formal Complaint filed against him by the State […]

194 S.E.2d 471 POTTS v. POTTS. 27539.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1972. DECIDED DECEMBER 4, 1972. NICHOLS, Justice. This is an appeal from a judgment adjudging the appellant in contempt of court for failing to Page 828 make alimony payments to the appellee. This judgment, as well as a refusal to reduce the monthly […]

89 S.E.2d 170 WADDELL et al. v. GOLDIN et al. 19035.Supreme Court of Georgia.ARGUED JULY 12, 1955. DECIDED SEPTEMBER 12, 1955. The trial court did not abuse its discretion in denying an interlocutory injunction where the evidence on the material issues was conflicting. ARGUED JULY 12, 1955 — DECIDED SEPTEMBER 12, 1955. Injunction. Before Judge […]

259 S.E.2d 70 FECKOURY v. ASKEW et al. 34950.Supreme Court of Georgia.SUBMITTED MAY 25, 1979. DECIDED SEPTEMBER 6, 1979. NICHOLS, Chief Justice. The sole issue presented for decision is whether Lawson, the grantor of Askew, et al., reserved to himself for so long as he might continue to own the remainder of a certain large […]

386 S.E.2d 661 IN THE MATTER OF ALVIN C. McDOUGALD. SUPREME COURT DISCIPLINARY NOS. 693, 713, 714, 715, 716.Supreme Court of Georgia. DECIDED OCTOBER 19, 1989. PER CURIAM. Respondent Alvin C. McDougald has petitioned for voluntary surrender of his license to practice law in the State of Georgia. His petition is based upon his admissions […]

625 S.E.2d 741 BAYLESS v. BAYLESS. S05F1953.Supreme Court of Georgia. DECIDED JANUARY 17, 2006. HINES, Justice. This is an appeal by ex-husband Timothy Bayless from the final judgment and decree of divorce dissolving his marriage to Nancy Bayless and from the subsequent denial of his motion for new trial.[1] For the reasons which follow, the […]

456 S.E.2d 54 MORTON v. CARNES. S95A0585.Supreme Court of Georgia. DECIDED APRIL 24, 1995. HUNT, Chief Justice. In this appeal from the denial of his motion for a writ of prohibition, Albert Morton raises error concerning the constitutionality of his underlying conviction and the trial court’s failure to rule on his motion in arrest of […]

94 S.E.2d 682 ORR et al. v. HAPEVILLE REALTY CO., et al. 19426.Supreme Court of Georgia.SUBMITTED JULY 9, 1956. DECIDED SEPTEMBER 7, 1956. REHEARING DENIED OCTOBER 11, 1956. 1. The act of 1952 (Ga. L. 1952, p. 2731) is not discriminatory, does not deprive persons of property without due process of law, and is not […]

276 S.E.2d 589 SARNIE v. THE STATE. 37178.Supreme Court of Georgia. DECIDED APRIL 8, 1981. JORDAN, Chief Justice. The Solicitor of the State Court of DeKalb County filed an accusation against Francis Arthur Sarnie, Jr., the appellant, which charged that “without provocation, [the appellant did] unlawfully use, to and of one E. L. Victoria Sweeney […]

122 S.E.2d 94 KIMBRELL v. LINCOLN NATIONAL LIFE INSURANCE COMPANY et al. 21400.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1961. DECIDED OCTOBER 5, 1961. The petition alleged a cause of action for interpleader as to the conflicting claims to the insurance proceeds and therefore was not subject to general demurrer. ARGUED SEPTEMBER 13, 1961 — DECIDED […]

184 S.E.2d 459 GRIFFIN v. SMITH (two cases). 26635, 26689.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1971. DECIDED OCTOBER 8, 1971. NICHOLS, Justice. Andrew Griffin filed a petition for a writ of habeas corpus in the Putnam Superior Court. A hearing was held on April 29, 1971, and on this same date a Page 178 notice […]

361 S.E.2d 794 HOLLOWAY v. THE STATE. 44689.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1987. RECONSIDERATION DENIED NOVEMBER 24, 1987. MARSHALL, Chief Justice. Appellant, Jerome Holloway, was convicted in Bryan County of malice murder and armed robbery, and sentenced to death. The evidence shows that, on March 4, 1986, Holloway gained entry to the home […]

425 S.E.2d 646 McCOY v. THE STATE. S92A1066.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1993. BENHAM, Justice. Appellant was indicted for felony murder and arson in the first degree.[1] His first trial resulted in a conviction for arson in the first Page 700 degree and a mistrial on the felony murder charge due to the […]

229 S.E.2d 660 HENDERSON MILL LIMITED v. McCONNELL et al. 31429.Supreme Court of Georgia.ARGUED SEPTEMBER 21, 1976. DECIDED OCTOBER 26, 1976. HALL, Justice. The central issue presented on this land purchase case concerns the interpretation of an agreement under which the sellers, McConnell and Armistead, were to grant quitclaim deeds to buyer, Henderson Mill Limited, […]

189 S.E.2d 397 DeBUSSCHERE v. RUTLEDGE. 27143.Supreme Court of Georgia.SUBMITTED APRIL 10, 1972. DECIDED MAY 3, 1972. JORDAN, Justice. This is an appeal from an order denying release after a hearing on a writ of habeas corpus following arrest and detention on an executive warrant for extradition to Alabama on a charge of grand larceny […]

161 S.E.2d 281 HILL v. WILLIS et al. 24503.Supreme Court of Georgia.ARGUED MARCH 11, 1968. DECIDED APRIL 4, 1968. REHEARING DENIED APRIL 22, 1968. 1. Duplicity is no longer a ground of special demurrer. 2. Where a motion for summary judgment on one issue of a case is overruled, and the case proceeds to trial […]

214 S.E.2d 919 RHODEN v. DEARMAN. 29713.Supreme Court of Georgia.SUBMITTED MARCH 4, 1975. DECIDED APRIL 22, 1975. HALL, Justice. This is a child custody case. The parties were divorced in 1969 and the custody of the couple’s two minor children was awarded to the mother in the Florida decree. In 1973 the father filed this […]

294 S.E.2d 504 DAVIS v. THE STATE. 38831.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1982. SMITH, Justice. Appellant was convicted of murder, rape, and robbery and received sentences of life imprisonment for murder, life imprisonment for rape, and twenty years for robbery. His attorney filed a motion to withdraw as counsel pursuant to Anders v. […]

364 S.E.2d 869 EDWARDS v. THE STATE. 45149.Supreme Court of Georgia. DECIDED FEBRUARY 19, 1988. WELTNER, Justice. Bruce Mathis, an off-duty police officer acting as a security guard, was shot and killed in a department store. Charles James Edwards was found guilty of the crime of malice murder, and was sentenced to life imprisonment.[1] Shortly […]

120 S.E.2d 176 PATTILLO v. ATLANTA WEST POINT RAILROAD COMPANY et al. 21209.Supreme Court of Georgia.SUBMITTED APRIL 10, 1961. DECIDED MAY 9, 1961. DUCKWORTH, Chief Justice. The present action alleges that a lumber company and a railroad company are jointly threatening to construct a railway spur track to the lumber company across petitioner’s property, and […]

162 S.E.2d 1 LINGO v. THE STATE. 24569.Supreme Court of Georgia.ARGUED APRIL 8, 1968. DECIDED MAY 9, 1968. REHEARING DENIED MAY 23, 1968. 1. Providential cause being shown, the motion to dismiss the appeal because the enumerations of error were not timely filed is denied. 2. There was no error in denying the motion to […]

135 S.E.2d 276 MACK et al. v. THE STATE. 22332.Supreme Court of Georgia.ARGUED JANUARY 14, 1964. DECIDED JANUARY 30, 1964. REHEARING DENIED FEBRUARY 11, 1964. GRICE, Justice. The instant case is controlled by Clark v. State, ante, and Middleton v. State, ante. Judgment affirmed. All the Justices concur. ARGUED JANUARY 14, 1964 — DECIDED JANUARY […]

438 S.E.2d 68 KORITTA v. THE STATE. S93G0343.Supreme Court of Georgia. DECIDED JANUARY 10, 1994. BENHAM, Justice. After being indicted for malice murder and felony murder in connection with the homicide of a visitor to his home, appellant was convicted of voluntary manslaughter. While the trial court gave appellant’s requested instruction on accident, it refused […]

241 S.E.2d 196 GRIFFIN-SPALDING COUNTY HOSPITAL AUTHORITY v. RADIO STATION WKEU. 32942.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1977. DECIDED JANUARY 3, 1978. NICHOLS, Chief Justice. The appellee, Radio Station WKEU, filed a petition for mandamus in the Superior Court of Spalding County on May 25, 1977, against the appellant, Griffin-Spalding County Hospital Authority, alleging that […]

44 S.E.2d 659 YOUNG et al. v. YOUNG, executor, et al. 15941.Supreme Court of Georgia. OCTOBER 14, 1947. The judge, to whom the case was submitted on the pleadings and an agreed statement of facts, properly construed the will and directed the executor as to the administration of the estate in the particulars shown in […]

255 S.E.2d 23 SILER v. MARTIN et al. 34729.Supreme Court of Georgia.ARGUED APRIL 9, 1979. DECIDED APRIL 17, 1979. REHEARING DENIED APRIL 24, 1979. PER CURIAM. In this suit for specific performance of an alleged contract to sell real property, the trial court did not err in concluding that plaintiff had failed to state a […]

79 S.E.2d 804 HALE v. HENDERSON; and vice versa. 18403, 18406.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1953. DECIDED JANUARY 11, 1954. 1. On a hearing of the father’s habeas corpus petition for the custody of his minor child against the child’s maternal grandmother, the court properly limited the evidence as to abandonment to matters occurring […]

161 S.E.2d 832 O’QUINN et al. v. ELLIS, Tax Commissioner, et al. 24558.Supreme Court of Georgia.ARGUED APRIL 8, 1968. DECIDED APRIL 22, 1968. REHEARING DENIED MAY 20, 1968. A “tobacco allotment” may not be used as the basis to fix the value of real property for ad valorem tax purposes. ARGUED APRIL 8, 1968 — […]

76 S.E.2d 399 ATLANTIC COAST LINE RAILROAD CO. v. POPE et al. 17843.Supreme Court of Georgia. DECIDED JUNE 9, 1953. ALMAND, Justice. The Supreme Court of the United States having reversed the decision and judgment of this court (Atlantic Coast Line Railroad Co. v. Pope, 209 Ga. 187 (71 S.E.2d 243, 97 L. ed. 719), […]

74 S.E.2d 857 TYNDALE v. MANUFACTURERS SUPPLY COMPANY. 18076.Supreme Court of Georgia.ARGUED JANUARY 15, 1953. DECIDED FEBRUARY 24, 1953. WYATT, Justice. The record in this case shows in substance that the plaintiff in error filed her petition in the Civil Court of Fulton County to set aside a judgment rendered against her in that court, […]

309 S.E.2d 142 SHIRLEY v. THE STATE. 39997.Supreme Court of Georgia. ORDERED SEPTEMBER 27, 1983. ORDER OF COURT. 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 Hill, C. J., who dissents. ORDERED SEPTEMBER […]

303 S.E.2d 258 McAULEY et al. v. WILLS et al. 39559.Supreme Court of Georgia. DECIDED MAY 11, 1983. MARSHALL, Presiding Justice. On March 31, 1979, Mrs. Gail B. Parker was a passenger in an automobile driven by Richard Lewis Wills. The automobile was involved in a one-car crash, causing Mrs. Parker to become a paraplegic. […]

123 S.E.2d 547 STEWART v. STEWART. 21458.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1961. DECIDED JANUARY 4, 1962. QUILLIAN, Justice. 1. Where, as in the case sub judice, a father, in response to a citation for contempt of court, admits that he is financially able to pay alimony awarded by a previous decree for the support […]

565 S.E.2d 816 LUKE v. BATTLE, WARDEN. S02A0088.Supreme Court of Georgia. DECIDED: JULY 3, 2002 SEARS, Presiding Justice. We granted a habeas corpus application filed by the appellant, Marcus Luke, to consider whether the habeas court erred (1) in ruling thatBrewer v. State[1] announced a new rule of criminal procedure, as opposed to a new […]

478 S.E.2d 123 ALEXANDER v. GENERAL MOTORS CORPORATION. S96G0657.Supreme Court of Georgia. DECIDED NOVEMBER 25, 1996. BENHAM, Chief Justice. Alexander was injured while driving in Virginia when the driver’s seat of his General Motors vehicle, purchased new in Georgia, failed in a collision and caused him to be ejected from the vehicle. He sued General […]

156 S.E.2d 45 DOLPHIN HOMES CORPORATION v. TOCOMC DEVELOPMENT CORPORATION, et al. 24131.Supreme Court of Georgia.ARGUED JUNE 13, 1967. DECIDED JUNE 22, 1967. REHEARING DENIED JULY 6, 1967. FRANKUM, Justice. Dolphin Homes Corporation filed its petition in the Superior Court of Fulton County seeking to enjoin Tocomc Development Corporation, Ralph D. Torrance and Alfred J. […]

63 S.E.2d 602 CLAY v. SMITH. 17342.Supreme Court of Georgia. FEBRUARY 13, 1951. 1. Where a case is dismissed on general demurrer and this court determines that such ruling was correct, it becomes unnecessary for the court to pass on an assignment of error complaining of an antecedent order on special demurrers. 2. A defendant […]

38 S.E.2d 397 PARKERSON v. HART. 15456.Supreme Court of Georgia. MAY 9, 1946. Where a vacancy in the office of county superintendent of schools is created by proper order of the board of education suspending the holder of such office, and an appointment is made to fill such vacancy, and thereafter the suspended official becomes […]

369 S.E.2d 762 BAISDEN v. THE STATE. 45769.Supreme Court of Georgia. DECIDED JULY 14, 1988. MARSHALL, Chief Justice. Bobby Joe Baisden appeals his conviction of the malice murder of Aaron Robert Williams, for which he was sentenced to life imprisonment.[1] We affirm. Page 426 When Baisden and his common-law wife returned home in the evening […]

66 S.E.2d 734 CARTER v. CARTER. 17533.Supreme Court of Georgia.SUBMITTED JULY 9, 1951. DECIDED SEPTEMBER 10, 1951. WYATT, Justice. Ruby Carter filed suit against Randall C. Carter for temporary and permanent alimony. Upon the hearing for temporary alimony, the trial judge awarded to the wife, who was alleged to be then pregnant, $25 per month, […]

17 S.E.2d 728 MICKLE, administrator, et al. v. MOORE. 13912.Supreme Court of Georgia. NOVEMBER 12, 1941. 1. Where in response to an objection of a general nature to evidence the court states that it is admitted for a limited purpose, and the objecting party makes no further objection thereto, no valid assignment of error can […]

202 S.E.2d 447 ZAUN v. NOBLES. 28058.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1973. DECIDED DECEMBER 3, 1973. JORDAN, Justice. Upon further consideration of this case we have determined that the writ of certiorari was improvidently granted, and accordingly the case is dismissed. Application dismissed. All the Justices concur. ARGUED NOVEMBER 13, 1973 — DECIDED DECEMBER […]

313 S.E.2d 73 WHITTINGTON v. THE STATE. 40337.Supreme Court of Georgia. DECIDED FEBRUARY 15, 1984. REHEARINGS DENIED FEBRUARY 28, 1984 AND MARCH 6, 1984. HILL, Chief Justice. Teresa Faye Whittington was found guilty of murdering Cheryl Marie Soto and was sentenced to death.[1] She brings this appeal. This case was tried and is reviewed under […]

104 S.E.2d 205 FELLOWS et al. v. GUTHRIE. 20050.Supreme Court of Georgia.ARGUED MAY 12, 1958. DECIDED JUNE 4, 1958. HAWKINS, Justice. On January 7, 1955, Fellows Milling Company, a partnership composed of Clyde L. Fellows and Tom Fellows, filed suit on an open account, in Berrien Superior Court, against Samuel J. Guthrie, alleging: that the […]

50 S.E.2d 14 McCASKILL v. PARKER. 16378.Supreme Court of Georgia. OCTOBER 13, 1948. WYATT, Justice. After the introduction of evidence by both parties, counsel for the defendant moved for a directed verdict, which was denied by the trial court, and to which ruling counsel filed exceptions pendent lite. The case was submitted to the jury, […]

368 S.E.2d 758 THE STATE v. McBRIDE. 45363.Supreme Court of Georgia. DECIDED JUNE 15, 1988. MARSHALL, Chief Justice. We granted certiorari from an en-banc 6-to-3 decision of the Court of Appeals, reversing the appellee’s rape and aggravated sodomy convictions. McBride v. State, 185 Ga. App. 271 (2) (363 S.E.2d 802) (1987). The Court of Appeals’ […]

29 S.E.2d 175 CLEMENTS, tax receiver, et al. v. PEERLESS WOOLEN MILLS. 14720.Supreme Court of Georgia. JANUARY 5, 1944. REHEARING DENIED FEBRUARY 11, 1944. 1. Tax receivers and tax collectors have no vested rights in commissions for the collection of taxes until the taxes have been actually collected. (a) The General Assembly, by legislative act, […]

200 S.E.2d 870 BERMAN v. BERMAN. 28145.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1973. DECIDED OCTOBER 5, 1973. In this proceeding to adjudge the appellant in contempt for failure to abide by the terms of an alimony and child custody judgment, the trial judge did not abuse his discretion in the first grant of a new […]

121 S.E.2d 505 DAVIS v. BALKCOM, Warden. 21322.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1961. DECIDED SEPTEMBER 12, 1961. DUCKWORTH, Chief Justice. The exception is to a judgment in a habeas corpus case remanding the prisoner to the officer of the law after a trial and presentation of evidence. There is no approved brief of evidence […]

44 S.E.2d 234 HALL v. THE STATE. 15880.Supreme Court of Georgia. SEPTEMBER 6, 1947. 1. In considering the question of the grant of a petition for certiorari, and, if granted, in disposing of the case, this court will consider only the questions raised in such petition. 2. A judgment will not be reversed, on an […]

38 S.E.2d 810 MORGAN v. THE STATE. 15552.Supreme Court of Georgia. JULY 3, 1946. CANDLER, Justice. J. H. Morgan was indicted in the Superior Court of DeKalb County for rape, and on his trial for that offense a jury returned the following verdict: “We, the jury, find the defendant guilty of assault with intent to […]

259 S.E.2d 443 BRANCH v. BRANCH. 35091.Supreme Court of Georgia.SUBMITTED JUNE 22, 1979. DECIDED SEPTEMBER 7, 1979. Pursuant to Rule 59 the judgment of the trial court is affirmed without opinion. Judgment affirmed. All the Justices concur. SUBMITTED JUNE 22, 1979 — DECIDED SEPTEMBER 7, 1979. Divorce, etc. Pierce Superior Court. Before Judge Hodges. Bennett, […]

589 S.E.2d 561 CITY OF DECATUR et al. v. DeKALB COUNTY. S02G1617.Supreme Court of Georgia. DECIDED NOVEMBER 10, 2003 HINES, Justice. This Court granted certiorari to the Court of Appeals in City of Decatur v. DeKalb Cnty., 255 Ga. App. 868 (567 S.E.2d 332) (2002), Page 293 to determine whether the Court of Appeals properly […]

214 S.E.2d 662 RUSSELL v. HOPPER. 29374.Supreme Court of Georgia. DECIDED JANUARY 9, 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 […]

16 S.E.2d 591 LATHAM et al. v. FOWLER et al.; et vice versa. 13754, 13759.Supreme Court of Georgia. SEPTEMBER 11, 1941. 1. After title has passed under a deed to a life-tenant with remainder over of the fee to others, the grantor is without authority to thereafter convey the fee. Consequently a petition by such […]

123 S.E.2d 548 VANDIVER et al., Commissioners v. CARLIN. 21465.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1961. DECIDED JANUARY 4, 1962. The employment of the plaintiff by a private corporation did not qualify him for membership in the Peace Officers’ Annuity and Benefit Fund, although he was commissioned as a deputy sheriff and his duties were […]

140 S.E.2d 872 SHIVERS v. HUNNICUTT. 22786.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1965. DECIDED FEBRUARY 4, 1965. 1. “`Except where the true owner is estopped from asserting title, the lien of a judgment only attaches to such interest as the judgment debtor actually has in the property levied on.’” 2. As against a claim by […]

229 S.E.2d 346 CLAYTON v. FIRST NATIONAL BANK OF ATLANTA et al. 31303.Supreme Court of Georgia.ARGUED JULY 13, 1976. DECIDED SEPTEMBER 7, 1976. REHEARING DENIED SEPTEMBER 28, 1976. NICHOLS, Chief Justice. This is an appeal from the grant of a directed verdict in favor of the appellee bank. The appellant and the appellee were serving […]

74 S.E.2d 873 ETHERIDGE, executor, v. BOROUGHS. 18111.Supreme Court of Georgia.SUBMITTED FEBRUARY 9, 1953. DECIDED FEBRUARY 24, 1953. 1. An incomplete transfer of a deed to secure debt, being without a transferee, can not be completed in this respect without authority from the grantee in the security deed. 2. A power of sale in a […]

58 S.E.2d 400 BARNES v. BELL. 17011.Supreme Court of Georgia. MARCH 14, 1950. The charge relating to the burden of proof required of a plaintiff in a suit for specific performance of an alleged parol contract was not subject to the criticism that it was not properly adjusted to the facts of the present case; […]

286 S.E.2d 714 LEWIS v. FORD. 37888.Supreme Court of Georgia. DECIDED JANUARY 27, 1982. PER CURIAM. Petitioner was convicted of five counts of theft by receiving stolen property and sentenced to ten years on each count, the sentences to run concurrently. An appeal apparently was taken, but was later withdrawn. Petitioner filed a habeas corpus […]

105 S.E.2d 214 HARRISON et al. v. HARRISON et al. 20121.Supreme Court of Georgia.ARGUED JULY 14, 1958. DECIDED SEPTEMBER 5, 1958. REHEARING DENIED OCTOBER 10, 1958. HAWKINS, Justice. 1. Under the allegations of the petition, which, on demurrer, must be taken as true, the fiduciary relationship of principal and agent existed between the petitioner and […]

602 S.E.2d 568 SPEARMAN v. THE STATE. S04A0907.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. HUNSTEIN, Justice. Michael Renard Spearman appeals from the trial court’s denial of his plea of former jeopardy. Because in Spearman’s first trial there existed a manifest necessity for the declaration of a mistrial and the trial court did not abuse […]

214 S.E.2d 667 ROBERTS v. HOPPER. 29654.Supreme Court of Georgia. DECIDED MARCH 4, 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 […]

268 S.E.2d 623 PEARCE v. SOUTHERN GUARANTY INSURANCE COMPANY et al. 35930.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1980. DECIDED MAY 27, 1980. REHEARING DENIED JUNE 17, 1980. HILL, Justice. Pursuant to our Rule 36 (Code Ann. § 24-4536, effective August 1, 1979), the United States Court of Appeals, Fifth Circuit, has certified the questions set […]

538 S.E.2d 39 HIGDON v. CITY OF SENOIA et al. COWETA COUNTY v. CITY OF SENOIA. S00A1103, S00A1104.Supreme Court of Georgia. DECIDED: OCTOBER 30, 2000. THOMPSON, Justice. In these companion cases we are called upon to resolve whether OCGA §§ 36-70-24 (4) (C) and 36-36-11 violate the delegation of zoning power under Art. IX, Sec. […]

640 S.E.2d 253 IN THE MATTER OF MURL E. GEARY. No. S07Y0140.Supreme Court of Georgia. DECIDED JANUARY 22, 2007. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Discipline of Respondent Murl E. Geary in which he admits to violations of Rules 1.4 and 5.3 (d) (2) of Rule 4-102 […]

597 S.E.2d 328 TUFF v. THE STATE. S04A0587.Supreme Court of Georgia. DECIDED MAY 3, 2004. RECONSIDERATION DENIED JUNE 28, 2004. SEARS, Presiding Justice. Appellant John Henry Tuff appeals his convictions for murder and related crimes, resulting in a life sentence.[1] Appellant urges that the trial court committed numerous errors and asks that his convictions be […]

218 S.E.2d 76 WHITE v. HOPPER. 29880.Supreme Court of Georgia. DECIDED MAY 27, 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 […]

180 S.E.2d 725 FRAZIER v. RAINEY. 26321.Supreme Court of Georgia.SUBMITTED FEBRUARY 8, 1971. DECIDED MARCH 4, 1971. The trial court erred in dismissing the former husband’s complaint seeking relief against the former wife’s efforts to collect child support. SUBMITTED FEBRUARY 8, 1971 — DECIDED MARCH 4, 1971. Injunction. Houston Superior Court. Before Judge Culpepper. Scott […]

51 S.E.2d 445 HUGULEY, by guardian, v. HUGULEY; et vice versa. 16447, 16470.Supreme Court of Georgia. JANUARY 12, 1949. 1. There is no law preventing a husband from suing his insane wife for divorce upon grounds of cruelty inflicted prior to her insanity. The allegation of bodily and mental cruelty, justifying apprehension of danger to […]

414 S.E.2d 485 NORFOLK SOUTHERN CORPORATION et al. v. SMITH. S91A1271.Supreme Court of Georgia. DECIDED MARCH 20, 1992. BELL, Justice. This is a Federal Employers’ Liability Act (FELA) and state tort case, in which defendants appeal from a jury verdict cancelling two releases that plaintiff-appellee Kenneth Smith executed in favor of appellants on December 30, […]

202 S.E.2d 413 GROOVER v. PETERS. 28379.Supreme Court of Georgia.SUBMITTED OCTOBER 23, 1973. DECIDED NOVEMBER 29, 1973. REHEARING DENIED DECEMBER 17, 1973. JORDAN, Justice. This is an appeal from a ruling in Fulton Superior Court ordering C. W. Groover to deliver up an original deed to secure debt, to Erich Peters in order that it […]

160 S.E.2d 374 WHITE et al. v. HOWELL et al. 24478.Supreme Court of Georgia.SUBMITTED FEBRUARY 12, 1968. DECIDED MARCH 7, 1968. GRICE, Justice. This appeal is from a judgment denying the prayers of a petition for partition of lands pursuant to Code § 85-1504, 85-1511, and dismissing the same. Title to land is not involved, […]

441 S.E.2d 248 IN RE ESTATE OF EDITH BROWN BRANNON. S94A0007.Supreme Court of Georgia. DECIDED MARCH 28, 1994. SEARS-COLLINS, Justice. Edith Brown Brannon, a widow with no children, left the bulk of her estate, about $500,000, by will to four charities. Her heirs at law, two nieces and three nephews, filed a caveat to the […]

242 S.E.2d 159 MAY v. MAY. 32844.Supreme Court of Georgia.SUBMITTED OCTOBER 7, 1977. DECIDED FEBRUARY 7, 1978. PER CURIAM. Appellant (plaintiff below) was awarded a divorce and permanent alimony (in the form of cash payments and title to certain property). In her complaint appellant alleged that her transfer of other property (known as Lots 1-13) […]

383 S.E.2d 125 AAA BAIL BONDING COMPANY v. STATE OF GEORGIA et al. 46951.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1989. SMITH, Justice. Appellant AAA Bail Bonding Co., Inc., brought this action seeking payment under Georgia’s remission statute, OCGA § 17-6-72 (f) (1). In a hearing on appellant’s application for remission, the trial court held […]

300 S.E.2d 513 CITY OF COLLEGE PARK et al. v. EASTERN AIRLINES, INC. et al. EASTERN AIRLINES, INC. v. CITY OF COLLEGE PARK et al. 38995, 38996.Supreme Court of Georgia. DECIDED MARCH 8, 1983. REHEARING DENIED MARCH 30, 1983. SMITH, Justice. This case involves the recovery of taxes paid mistakenly to one municipality while owed […]

80 S.E.2d 160 SMITH v. SMITH. 18421.Supreme Court of Georgia.ARGUED JANUARY 13, 1954. DECIDED FEBRUARY 9, 1954. CANDLER, Justice. 1. While no motion has been made to dismiss the writ of error, it is nevertheless this court’s duty to consider and determine its jurisdiction in all cases brought up for review in which there may […]

364 S.E.2d 867 RACHALS v. THE STATE. 45142.Supreme Court of Georgia. DECIDED FEBRUARY 16, 1988. RECONSIDERATION DENIED MARCH 9, 1988. WELTNER, Justice. Terri Rachals was found guilty but mentally ill of the crime of aggravated assault. She was sentenced to twenty years in prison, and the Court of Appeals affirmed her conviction Rachals v. State, […]

305 S.E.2d 120 McAULEY v. WILLS et al. 39886.Supreme Court of Georgia. ORDERED MAY 12, 1983. ORDER OF COURT. Upon consideration of the application for certiorari filed to review the judgment of the Court of Appeals in this case, it is ordered that the writ be hereby denied. All the Justices concur, except Hill, C. […]

50 S.E.2d 216 CHILDS, administrator, v. MITCHELL, guardian, et al. 16336.Supreme Court of Georgia. OCTOBER 13, 1948. REHEARING DENIED NOVEMBER 18, 1948. It is essential to the validity of a deed that it be delivered. The petition in this case, which alleged that the deed sought to be canceled of record had not been delivered […]

116 S.E.2d 575 LAWS v. OAKEY. 21001.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1960. DECIDED OCTOBER 6, 1960. REHEARING DENIED OCTOBER 18, 1960. The court did not err in entering a summary judgment, enjoining the defendant from trespassing upon land, title to the same as against the defendant being in the plaintiff. ARGUED SEPTEMBER 15, 1960 […]

525 S.E.2d 687 FULTON COUNTY BOARD OF TAX ASSESSORS v. BOYAJIAN. BOYAJIAN v. FULTON COUNTY BOARD OF TAX ASSESSORS. S99A1487, S99X1488.Supreme Court of Georgia. DECIDED: JANUARY 18, 2000 FLETCHER, Presiding Justice. Taxpayer Alfred M. Boyajian applied for a bona fide conservation use of his real property. The Fulton County Board of Equalization found that his […]

440 S.E.2d 164 RAULERSON et al. v. SMITHWICK. S93A1832.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1994. FLETCHER, Justice. In 1988 Walter Smithwick III purchased a farm containing about 1,052 acres of land from Dwight L. Raulerson and E. D. Raulerson. As part of that transaction, at closing Smithwick conveyed a .847-acre parcel of that farm […]

238 S.E.2d 52 TAYLOR v. RICKETTS. 32402.Supreme Court of Georgia.SUBMITTED JUNE 14, 1977. DECIDED SEPTEMBER 7, 1977. BOWLES, Justice. This court found probable cause to appeal the denial of habeas corpus to Erwin Green Taylor on the issue of waiver of counsel, in light of Faretta v. California, 422 U.S. 806 (95 S.C. 2525, 45 […]

220 S.E.2d 262 GILBERT v. THE STATE (two cases). 30359, 30360.Supreme Court of Georgia.SUBMITTED SEPTEMBER 26, 1975. DECIDED OCTOBER 21, 1975. REHEARING DENIED NOVEMBER 4, 1975. HALL, Justice. Gilbert appeals from his June 17, 1975, conviction and sixteen-year prison sentence for armed robbery. The evidence was sufficient to show that he committed the armed robbery; […]

412 S.E.2d 536 HENDRIX v. STONE. S92A0006.Supreme Court of Georgia. DECIDED FEBRUARY 4, 1992. RECONSIDERATION DENIED FEBRUARY 20, 1992. BENHAM, Justice. The parties were divorced in June 1988, and the judgment entered therein obligated Mr. Stone to make monthly alimony payments to appellant for eight years or until either party died or appellant remarried. Appellee […]

626 S.E.2d 471 R. D. BROWN CONTRACTORS, INC. v. BOARD OF EDUCATION OF COLUMBIA COUNTY et al. S05A1422.Supreme Court of Georgia. DECIDED FEBRUARY 13, 2006. HINES, Justice. R. D. Brown Contractors, Inc. (“Brown”) appeals from the denial of its petition for an interlocutory injunction. For the reasons that follow, we affirm. The Board of Education […]

668 S.E.2d 711 THOMAS v. THE STATE. No. S08A1778.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. THOMPSON, Justice. Charles Randolph Thomas was convicted of malice murder and possession of a firearm during the commission of a crime arising from the shooting death of his former wife, Annette Thomas.[1] On appeal, Thomas asserts that the trial […]

195 S.E.2d 431 ALMOND v. THE STATE. 27583.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1972. DECIDED JANUARY 4, 1973. JORDAN, Justice. Charlie Frank Almond appeals his conviction and sentence to life imprisonment for the murder of Louise Weaver, and the overruling of his motion for a new trial. The appeal is prosecuted on the basis that […]

657 S.E.2d 232 CITY OF WILLACOOCHEE v. THE SATILLA RURAL ELECTRIC MEMBERSHIP CORPORATION. No. S08A0177.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. CARLEY, Justice. The City of Willacoochee (City) enacted an ordinance which imposed a 4% tax on the gross revenue paid to a secondary electricity supplier by residents of the municipality. Before the first […]

369 S.E.2d 913 EMORY CLINIC et al. v. HOUSTON. EMORY UNIVERSITY v. HOUSTON. 45362, 45374.Supreme Court of Georgia. DECIDED JULY 15, 1988. RECONSIDERATION DENIED JULY 29, 1988. PER CURIAM. We granted certiorari to determine the scope of statutory prohibitions on the use of information produced by peer review and medical review groups in civil litigation. […]