Category: Georgia Supreme Court Opinions

78 S.E.2d 508 HARBUCK v. HARBUCK. 18384.Supreme Court of Georgia.ARGUED OCTOBER 13, 1953. DECIDED NOVEMBER 12, 1953. CANDLER, Justice. Alleging cruel treatment as her ground therefor, Mrs. Harbuck sued her husband, C. B. Harbuck, for divorce and for temporary and permanent alimony both for herself and their minor child. She also prayed for custody of […]

361 S.E.2d 798 MALAK v. McGINNIS et al. (two cases). 44838, 44839.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1987. RECONSIDERATION DENIED NOVEMBER 24, 1987. GREGORY, Justice. In January 1985 the appellant purchased approximately thirty-nine acres of land from the appellees. Appellant made a down payment on the property and executed a promissory note and deed […]

299 S.E.2d 44 MILLER et al. v. THE STATE. 39126.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. HILL, Chief Justice. The Court of Appeals has certified to us the following questions: “Since [Code Ann.] § 26-9908a is in direct conflict with [Code Ann.] § 26-506 (a) and prior decisions of the Supreme Court: “(1) Is […]

217 S.E.2d 285 STEELMAN v. FOWLER; and vice versa. 29995, 29996.Supreme Court of Georgia.ARGUED JUNE 9, 1975. DECIDED JULY 1, 1975. UNDERCOFLER, Presiding Justice. Sueann Steelman, a nonresident of Georgia, filed an action on February 7, 1975, for contempt against her former husband for failure to allow the visitation privileges awarded to her by a […]

448 S.E.2d 191 BOWLES v. ASKEW et al. S94A0984.Supreme Court of Georgia. DECIDED OCTOBER 3, 1994. RECONSIDERATION DENIED OCTOBER 6, 1994. SEARS-COLLINS, Justice. Appellant John C. Bowles took but did not pass the July 1993 attorneys’ examination for admission to the practice of law in Georgia. See Rules Governing Admission to the Practice of Law […]

38 S.E.2d 295 CAMPBELL v. GREGORY. 15435.Supreme Court of Georgia.APRIL 3, 1946. REHEARING DENIED MAY 10, 1946. Ordinarily actual possession under a recorded deed of a portion of several tracts or lots of land which are all contiguous and lie in one body will extend by construction so as to include the entire premises conveyed. […]

64 S.E.2d 890 WILLIAMS et. al. v. O’CONNOR et al. 17404.Supreme Court of Georgia.SUBMITTED FEBRUARY 12, 1951. DECIDED APRIL 9, 1951. REHEARING DENIED MAY 16, 1951. 1. Under the act of 1941 (Ga. L. 1941, pp. 487-489), the deed to secure debt upon which the plaintiffs rely in this common-law suit in ejectment should have […]

76 S.E.2d 798 HODGES v. BALKCOM, Warden. 18232.Supreme Court of Georgia.ARGUED JUNE 8, 1953. DECIDED JULY 13, 1953. HAWKINS, Justice. The record in this case, a habeas corpus proceeding, brought by Margaret Hodges against the Warden of the State Prison, discloses that the plaintiff in error was convicted of a misdemeanor in the Criminal Court […]

96 S.E.2d 595 BARBER v. WELLS et al. 19550.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1957. DECIDED FEBRUARY 11, 1957. The petition for habeas corpus by the mother against the paternal grandparents to obtain custody of her minor child sufficiently alleged facts and circumstances, arising since the former decree, materially affecting the interest and welfare of […]

236 S.E.2d 620 WILKERSON v. HELENA CHEMICAL COMPANY, SOUTHEAST. 32336.Supreme Court of Georgia.ARGUED JUNE 13, 1977. DECIDED JUNE 20, 1977. NICHOLS, Chief Justice. Helena Chemical Company filed an equitable complaint to set aside a judgment of dismissal for want of prosecution. After hearing the trial court found that the judgment should be set aside due […]

261 S.E.2d 647 SMITH v. SMITH. 35249.Supreme Court of Georgia.SUBMITTED AUGUST 10, 1979. DECIDED NOVEMBER 21, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED AUGUST 10, 1979 — DECIDED NOVEMBER 21, 1979. Set aside divorce judgment. Bulloch Superior Court. Before Judge Hawkins. Karsman, Brooks, Painter Callaway, Stanley Karsman, for […]

35 S.E.2d 199 MULLALLY v. MULLALLY. 15233.Supreme Court of Georgia. SEPTEMBER 7, 1945. WYATT, Justice. Sarah Mullally sought from Michael F. Mullally a divorce and temporary and permanent alimony, alleging that the defendant is a resident of Fulton County, the dates of the marriage and separation of the parties, and cruel treatment by the defendant. […]

291 S.E.2d 61 LINDSEY CREEK AREA CIVIC ASSOCIATION et al. v. CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA et al. 38483.Supreme Court of Georgia. DECIDED JUNE 2, 1982. HILL, Presiding Justice. The Lindsey Creek Civic Association, comprised of the residents Page 489 of the Lindsey Creek, Boxwood, and Carriage Estates Subdivisions, and individual residents therein (“the neighbors”), […]

413 S.E.2d 437 PALMER et al. v. DUNCAN WHOLESALE, INC. S91G0484.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1992. RECONSIDERATION DENIED MARCH 4, 1992. FLETCHER, Justice. We granted a writ of certiorari to the Court of Appeals i Duncan Wholesale v. Palmer, 198 Ga. App. 255 (401 S.E.2d 291) Page 29 (1990) to consider whether a […]

38 S.E.2d 589 BIRDELL v. THE STATE. 15488.Supreme Court of Georgia. JUNE 5, 1946. DUCKWORTH, Justice. 1. Under an indictment for robbery by force and intimidation the accused was convicted of the offense of robbery by force, a capital felony, the jury fixing his punishment at not less than four years and not more than […]

285 S.E.2d 14 WALLACE v. LESSARD et al. 37803.Supreme Court of Georgia. DECIDED DECEMBER 2, 1981. HILL, Presiding Justice. We granted certiorari to the Court of Appeals. Wallace v. Lessard, 158 Ga. App. 772 (282 S.E.2d 153) (1981). Defendant Quattlebaum took his wife and 15-year-old stepson, Charles Hinely, to Lake Worth to ride in Quattlebaum’s […]

264 S.E.2d 862 GUNN v. THE STATE. 35567.Supreme Court of Georgia.SUBMITTED NOVEMBER 2, 1979. DECIDED FEBRUARY 20, 1980. REHEARING DENIED MARCH 4, 1980. HILL, Justice. Calvin Gunn was convicted of the malice murder of Eddie Williams and sentenced to life imprisonment. According to the testimony of Rusty Ivester and Mike Shirley, they and Eddie Williams, […]

414 S.E.2d 474 GOLDSTEIN v. GOLDSTEIN. S91A1385.Supreme Court of Georgia. DECIDED MARCH 19, 1992. RECONSIDERATION DENIED APRIL 2, 1992. CLARKE, Chief Justice. In this divorce action wife requested discovery from husband regarding the assets of his law practice, including information about pending cases. Husband refused to comply with certain requests. Specifically, he would not reveal […]

204 S.E.2d 120 PLEMONS v. BELCHER et al. 28622.Supreme Court of Georgia.SUBMITTED JANUARY 25, 1974. DECIDED MARCH 7, 1974. NICHOLS, Justice. James R. Plemons filed an action for specific performance against Thomas and Marcella Belcher in which the plaintiff sought to compel the conveyance of real estate under a written contract. The description of the […]

57 S.E.2d 914 WYATT, alias JORDAN, v. THE STATE. 16961.Supreme Court of Georgia. FEBRUARY 14, 1950. REHEARING DENIED MARCH 15, 1950. 1. The general grounds of the motion for new trial are not insisted on. However, it is apparent from an examination of the record that the verdict is amply supported by evidence. 2. The […]

523 S.E.2d 322 TAYLOR v. THE STATE. S99A1642.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 FLETCHER, Presiding Justice. A jury convicted Thaddeus Demarcos Taylor of felony murder in connection with the shooting death of Larry Tillman.[1] Taylor alleges that the trial court erred in admitting two pre-autopsy photographs. Because the photographs were relevant and not […]

186 S.E.2d 723 DURHAM et al. v. SPENCE et al. 26861.Supreme Court of Georgia.ARGUED DECEMBER 14, 1971. DECIDED JANUARY 6, 1972. REHEARING DENIED FEBRUARY 11, 1972. UNDERCOFLER, Justice. In 1969 Ronald Kenneth Spence filed a suit for divorce against Susan Durham Spence in the Superior Court of Cobb County. He sought custody of their two […]

190 S.E.2d 900 PENLAND v. THE STATE. 27212.Supreme Court of Georgia.SUBMITTED MAY 9, 1972. DECIDED JUNE 15, 1972. The trial court did not err in denying the appellant’s motion for new trial upon his conviction for rape, aggravated sodomy and aggravated battery. SUBMITTED MAY 9, 1972 — DECIDED JUNE 15, 1972. Rape. Gwinnett Superior Court. […]

362 S.E.2d 58 IN THE MATTER OF ALPHONSO BAILEY, JR. SUPREME COURT DISCIPLINARY NOS. 573, 574, 575, 576, 583.Supreme Court of Georgia. DECIDED NOVEMBER 24, 1987. PER CURIAM. Alphonso Bailey, Jr. is a member of the State Bar of Georgia, and is the respondent in five separate disciplinary proceedings involving five different complainants. In Supreme […]

205 S.E.2d 418 THRASH v. CALDWELL. 28452.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1974. 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 […]

253 S.E.2d 160 HALL v. THE STATE. 34305.Supreme Court of Georgia.ARGUED JANUARY 10, 1979. DECIDED FEBRUARY 6, 1979. REHEARING DENIED FEBRUARY 27, 1979. MARSHALL, Justice. The appellant was indicted in the Lowndes Superior Court, and following the grant of her motion for change of venue, she was convicted in the Colquitt Superior Court of the […]

60 S.E.2d 762 McLENDON v. ANDERSON, Judge. 17247.Supreme Court of Georgia. AUGUST 11, 1950. DUCKWORTH, Chief Justice. 1. It is mandatory, irrespective of the merits of the case, that the trial judge certify a bill of exceptions in a criminal case, if it be the first bill of exceptions after verdict, and upon his refusal […]

180 S.E.2d 360 MATHIS v. SMITH. 26339.Supreme Court of Georgia.SUBMITTED FEBRUARY 9, 1971. DECIDED FEBRUARY 15, 1971. GRICE, Justice. This appeal is from the denial of a petition for writ of habeas corpus wherein the sole complaint is that the charge given on alibi in the criminal trial deprived petitioner of due process of law […]

38 S.E.2d 394 SPENCE et al. v. ERWIN et al. 15470.Supreme Court of Georgia. MAY 9, 1946. JENKINS, Presiding Justice. The plaintiffs in this case had previously brought a suit against the same defendants for the recovery of the same corporate stock for which they now sue, both suits arising out of the same transaction, […]

304 S.E.2d 66 WELDON v. HAWKINS. 39863.Supreme Court of Georgia. DECIDED JUNE 28, 1983. PER CURIAM. Leroy Hawkins filed in Chatham Superior Court a petition for writ of habeas corpus seeking his release from Coastal Correctional Institution on the grounds that two convictions for burglary under which he was being held were unlawful. The habeas […]

260 S.E.2d 55 RECTOR v. RECTOR. 35096.Supreme Court of Georgia.ARGUED JULY 10, 1979. DECIDED SEPTEMBER 13, 1979. REHEARING DENIED SEPTEMBER 25, 1979. NICHOLS, Chief Justice. The former wife appeals from judgment entered on the jury’s verdict establishing ownership of certain items of personalty as between her and her former husband. Each corporate bond was purchased […]

715 S.E.2d 119 HUMPHREY v. OWENS et al. No. S11A1122.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 2011. HUNSTEIN, Chief Justice. Kevin Humphrey entered a negotiated plea of guilty on one count of child molestation in October 2003 and was sentenced to twenty years probation, with the first two years to be served in a detention […]

7 S.E.2d 273 DORSEY v. DORSEY. 13156.Supreme Court of Georgia. FEBRUARY 15, 1940. 1. Where a homestead is set apart to the head of a family, under the constitution of 1877, in land belonging to him, he can not make a valid conveyance of the land during the existence of the homestead, and a deed […]

235 S.E.2d 385 HAUGABROOK v. THE STATE. 32299.Supreme Court of Georgia.SUBMITTED APRIL 2, 1977. DECIDED APRIL 27, 1977. PER CURIAM. We granted certiorari because of the holding by the Court of Appeals in Haugabrook v. State, 141 Ga. App. 511 (1977), that “the law is well established to the effect that one found in possession […]

366 S.E.2d 282 CLAYTON COUNTY v. EVANS. 45247.Supreme Court of Georgia. DECIDED APRIL 6, 1988. MARSHALL, Chief Justice. Clayton County filed a petition for the writ of mandamus against David C. Evans, Commissioner of the Georgia Department of Corrections. Count 1 sought mandamus based upon the statutory obligations placed upon the commissioner by OCGA § […]

35 S.E.2d 908 COHEN v. COHEN. 15324.Supreme Court of Georgia. NOVEMBER 15, 1945. The petition for an injunction and an accounting, alleging that the defendant had excluded the petitioner from the management of his business and had acquired and failed to account for considerable moneys derived from its profits, while failing to allege any fraud […]

24 S.E.2d 20 WATERS v. WATERS. 14392.Supreme Court of Georgia. JANUARY 13, 1943. 1. The evidence authorized the verdict for the plaintiff in ejectment on the one issue made by the pleadings as to whether or not the deed from her husband to her had been delivered. Page 282 2. In view of a portion […]

672 S.E.2d 619 WILLIAMS v. THE STATE. No. S08A1955.Supreme Court of Georgia. DECIDED JANUARY 26, 2009. SEARS, Chief Justice. In 2006, Reginald Quentin Williams was convicted of malice murder and 43 related crimes as a result of his participation in a string of armed robberies of Atlanta-area stores specializing in the sale of erotica and […]

695 S.E.2d 215 VERGARA v. THE STATE. No. S10A0472.Supreme Court of Georgia. DECIDED MAY 17, 2010. HUNSTEIN, Chief Justice. Ignacio Vergara was convicted of murder in the shooting deaths of Alejandro Santana and Francesco Saucedo and was sentenced to two consecutive life sentences without the possibility of parole. We find no error in the trial […]

478 S.E.2d 769 NEC TECHNOLOGIES, INC. v. NELSON ET AL. C. M. CITY, INC. ET AL. v. NELSON ET AL. C. M. CITY, INC. ET AL. v. NELSON ET AL. S96G0289, S96G0292, S96G0310.Supreme Court of Georgia. DECIDED NOVEMBER 25, 1996. HUNSTEIN, Justice. Arthur and Kathy Nelson brought suit against Curtis Mathes Corporation, C. M. City, […]

277 S.E.2d 735 IN THE MATTER OF CHABIOR. SUPREME COURT DISCIPLINARY NO. 126Supreme Court of Georgia. DECIDED MAY 19, 1981. PER CURIAM. The State Bar of Georgia charged respondent with a violation of Disciplinary Standard 44.[*] The violation occurred as the result of a transaction between respondent and his client in which respondent agreed to […]

294 S.E.2d 508 ZANT v. DICK. 38783.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1982. MARSHALL, Justice. The appellee was convicted in 1979 in the Dawson Superior Court of the armed robbery and murder of O. C. (Red) Rider. He was sentenced to death for murder and to life in prison for armed robbery. His convictions […]

622 S.E.2d 357 FOSTER v. GIDEWON. S05A1452.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2005. HUNSTEIN, Presiding Justice. Jennie Foster and Gebriel Gidewon lived together until February 2004 when Foster moved out. On June 14, 2004, Gidewon filed a petition for temporary protective order against Foster alleging misdemeanor stalking, see OCGA § 16-5-90 et seq., and […]

440 S.E.2d 646 TATE v. THE STATE. S93G1057.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1994. RECONSIDERATION DENIED MARCH 25, 1994. FLETCHER, Justice. At approximately 1:00 a. m. on October 3, 1992, Tate was traveling north on I-75. As he crossed the Cobb/Cherokee County line into Cherokee County he passed a Cherokee County Sheriff’s deputy who […]

235 S.E.2d 375 MORELAND et al. v. GILLIS et al. 31804.Supreme Court of Georgia.ARGUED JANUARY 12, 1977. DECIDED APRIL 21, 1977. PER CURIAM. The appellees here, the complainants in the trial court, have made a motion to dismiss this appeal on the ground that it is not taken from an appealable judgment, and there is […]

185 S.E.2d 397 BARNETT v. HOLLIDAY et al. 26742.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1971. DECIDED OCTOBER 7, 1971. REHEARING DENIED NOVEMBER 18, 1971. The trial court properly denied the defendant-appellant’s motions for new trial and judgment notwithstanding the verdict in the action seeking relief against trespass. SUBMITTED SEPTEMBER 15, 1971 — DECIDED OCTOBER 7, […]

644 S.E.2d 137 HARRY et al. v. DALE et al. No. S07A0012.Supreme Court of Georgia. DECIDED APRIL 24, 2007. BENHAM, Justice. In 2000, William W. Harry, Sr., and his wife Dorothy Harry gave a warranty deed for the 50-acre family property to their son, William W. Harry, Jr. In 2004, Shirley Dale and Dianne Roquemore, […]

247 S.E.2d 57 DRAKE v. THE STATE. 33463.Supreme Court of Georgia.ARGUED MAY 9, 1978. DECIDED JUNE 27, 1978. REHEARING DENIED JULY 20, 1978. HALL, Justice. Henry Arthur Drake was convicted of the murder and armed robbery of C. E. Eberhart, and sentenced to death for the murder, and to life imprisonment for the armed robbery. […]

100 S.E.2d 423 SEAY v. SEAY. 19791.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1957. DECIDED OCTOBER 15, 1957. 1. It was not error to overrule the plea of res adjudicata to the phase of the case seeking an accounting and other relief as between partners. 2. It was not error to exclude from evidence, upon the […]

304 S.E.2d 60 CARROLL v. HOLT. 39436.Supreme Court of Georgia. DECIDED JUNE 22, 1983. CLARKE, Justice. This is a habeas corpus case involving whether a plea of guilty was voluntarily and intelligently entered and whether the defendant received effective legal representation. The trial court denied the writ of habeas corpus and we granted a certificate […]

189 S.E.2d 396 MOORE v. CALDWELL. 27150.Supreme Court of Georgia.SUBMITTED APRIL 11, 1972. DECIDED MAY 3, 1972. UNDERCOFLER, Justice. Robert L. Moore filed an application in the Superior Court of Tattnall County for the writ of habeas corpus against Jack Caldwell, Jr., Warden of the Georgia State Prison. The record shows that the applicant is […]

236 S.E.2d 73 COX v. CAMBRIDGE SQUARE TOWNE HOUSES, INC. 32202.Supreme Court of Georgia.SUBMITTED APRIL 8, 1977. DECIDED MAY 25, 1977. JORDAN, Justice. In February 1967, a storm drain system was installed in an apartment complex presently owned by the appellee. In June 1971, the appellant filed this suit alleging that the storm drain system […]

26 S.E.2d 886 SUGGS v. SUGGS. 14620.Supreme Court of Georgia. SEPTEMBER 9, 1943. Where a judge presides at the trial of a case and subsequently passes an order overruling a motion for new trial, and, though neither dead nor laboring under any legal disability, he is succeeded by another as judge, the judge whose rulings […]

241 S.E.2d 251 HILL et al. v. BARGERON et al. 32847.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1977. DECIDED JANUARY 6, 1978. MARSHALL, Justice. We granted certiorari in Bargeron v. Hill, 143 Ga. App. 87 (237 S.E.2d 518) (1977), involving an election contest proceeding filed on December 3, 1976, and coming on for a hearing on […]

199 S.E.2d 256 FITTS v. FITTS. 27975.Supreme Court of Georgia.SUBMITTED JUNE 12, 1973. DECIDED JULY 2, 1973. UNDERCOFLER, Justice. This appeal complains that the trial court’s award of $560.06 for expenses of litigation and $6,000 attorney fees as part of temporary alimony is excessive, beyond appellant’s ability to pay, contrary to law and equity, against […]

321 S.E.2d 727 CLARK v. CHILDS. 41150.Supreme Court of Georgia. DECIDED OCTOBER 17, 1984. REHEARING DENIED NOVEMBER 6, 1984. MARSHALL, Presiding Justice. In May of 1968, G. F. Childs, Jr., sold certain property to Adrian P. Clark. The deed conveying the property contained the following reservation of interest: “Party of the first part herein for […]

153 S.E.2d 429 LEE v. AUGUSTA COACH COMPANY et al. 23849.Supreme Court of Georgia.ARGUED JANUARY 9, 1967. DECIDED JANUARY 19, 1967. REHEARING DENIED FEBRUARY 9, 1967. The Court of Appeals erred in reversing the judgment of the superior court overruling the defendant’s motion for judgment non obstante veredicto. ARGUED JANUARY 9, 1967 — DECIDED JANUARY […]

103 S.E.2d 385 WELDON v. LASHLEY. 19999.Supreme Court of Georgia.ARGUED MARCH 10, 1958. DECIDED APRIL 11, 1958. 1. The offer to purchase obtained by the plaintiff real-estate broker contained a variance from the terms of sale stipulated by the owner, and the Court of Appeals erred in holding that the evidence authorized the jury to […]

598 S.E.2d 476 KING v. WATERS. S04A0130.Supreme Court of Georgia. DECIDED JUNE 28, 2004. BENHAM, Justice. King was convicted in 1998 of aggravated assault upon a peace officer and possession of a firearm during the commission of a crime. Although trial counsel requested a proper instruction on aggravated assault upon a peace officer, the trial […]

340 S.E.2d 1 NELMS v. THE STATE. 42900.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1986. CLARKE, Justice. Nelms was tried for the murder of his father; the jury found him guilty but mentally ill and he was sentenced to life imprisonment. On appeal he contends that his confession was not voluntary due to mental illness […]

561 S.E.2d 89 BROWN, P. E., INC. v. KENT. S01G0973.Supreme Court of Georgia. Decided: March 11, 2002 HINES, Justice. We granted certiorari to the Court of Appeals in Kent v. Brown, 248 Ga. App. 447 (545 S.E.2d 598) (2001) (“Kent II“), to consider whether OCGA § 13-6-11[1] permits an award of attorney fees and expenses […]

466 S.E.2d 581 BISHOP v. KENNY S95A1515Supreme Court of Georgia. DECIDED FEBRUARY 12, 1996 HINES, Justice. May Madison Bishop died on March 1, 1993, at the age of 86. In a will, executed on June 5, 1990, she bequeathed her entire estate to her niece, Pauline Kenny (Kenny). When Kenny offered the will for probate […]

254 S.E.2d 18 SCOTT v. SCOTT. 34636.Supreme Court of Georgia.SUBMITTED MARCH 13, 1979. DECIDED APRIL 5, 1979. JORDAN, Justice. Appellant and appellee, his former wife, were divorced in October, 1977, after fifteen years of marriage. Subsequent to the rendition of this divorce decree, appellant contends that he and the appellee agreed to resume their marriage […]

129 S.E.2d 806 CROCKETT et al. v. OLIVER, Administrator, et al. 21899.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1963. DECIDED FEBRUARY 7, 1963. CANDLER, Justice. A petition for equitable relief which Moody B. Oliver, individually and as temporary administrator of the estate of Mrs. J. B. Oliver filed against C. C. Crockett, a resident of Laurens […]

185 S.E.2d 83 ARRENDALE v. ARRENDALE. 26770.Supreme Court of Georgia.ARGUED OCTOBER 12, 1971. DECIDED NOVEMBER 5, 1971. 1. The plaintiff wife filed suit for divorce, and a temporary order was issued with respect to child custody and temporary alimony. Subsequently the defendant husband filed an application in which he sought to compel the plaintiff to […]

110 S.E.2d 762 STEPHENS et al. v. CARTER. 20575.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1959. DECIDED OCTOBER 9, 1959. 1. The equitable petition to enjoin the defendants from claiming title or any remainder interest in the described property, in the possession of the plaintiff, and to decree title in the plaintiff, was not subject to […]

12 S.E.2d 865 EAST ATLANTA BANK v. LIMBERT et al. 13542.Supreme Court of Georgia. JANUARY 16, 1941. 1. A petition by a subcontractor to foreclose a claim of lien for labor and material furnished, in a joint suit against the contractor and the owner, is not subject to general demurrer because it seeks recovery of […]

10 S.E.2d 173 ROBERSON v. THE STATE. 13369.Supreme Court of Georgia. JULY 16, 1940. The assignments of error presenting nothing requiring the grant of a new trial, and the evidence being sufficient to support the verdict, the judgment denying a new trial is affirmed. No. 13369. JULY 16, 1940. Murder. Before Judge Woodrum. Bulloch superior […]

112 S.E.2d 618 FRANKLIN et al. v. SING-WILKES, INC. 20684.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1959. DECIDED JANUARY 8, 1960. DUCKWORTH, Chief Justice. This case is here on an exception to an order granting a temporary injunction after a hearing on a petition to enjoin certain lawful acts, alleged to be done for the illegal […]

110 S.E.2d 628 LENETT v. LUTZ. 20588.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1959. DECIDED OCTOBER 9, 1959. CANDLER, Justice. Code § 37-1407, provides: “The proceeding quia timet is sustained in equity for the purpose of causing to be delivered up and cancelled any instrument which has answered the object of its creation, or any forged […]

84 S.E.2d 200 REEVES et al. v. MANN et al. 18684.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1954. DECIDED OCTOBER 13, 1954. WYATT, Presiding Justice. Robert Reeves, Jr., and Edward Walker filed this petition in equity against Mr. and Mrs. Elmo Thrash Mann, Sr., and Greenville Banking Company. The bank was stricken as a party by […]

368 S.E.2d 735 HANCOCK v. COLEY. 45563.Supreme Court of Georgia. DECIDED JUNE 9, 1988. GREGORY, Justice. John Coley, appellee, and Pamela Coley Hancock, appellant, were divorced on June 19, 1981. Pamela was awarded custody of the parties’ Page 292 minor children and John was granted visitation rights. The decree provided, among other things, that John […]

539 S.E.2d 141 BYERS v. CALDWELL. S00A1399.Supreme Court of Georgia. DECIDED: NOVEMBER 20, 2000 CARLEY, Justice. William Caldwell and Terry Byers were divorced in 1989. In addition to addressing the issues of child support and periodic alimony, the initial provisions of the final decree made individual awards of certain specified items, such as the house […]

6 S.E.2d 704 HEAD et al. v. YEOMANS, State entomologist. 13093.Supreme Court of Georgia. NOVEMBER 29, 1939. An entry on the issue docket of a superior court that a case is settled is prima facie true, and can not be collaterally attacked; but, in the absence of a signed order entered on the minutes of […]

525 S.E.2d 81 IN THE MATTER OF E. HERMAN WARNOCK. S99Y0032, S00Y0258.Supreme Court of Georgia. DECIDED JANUARY 18, 2000 PER CURIAM. These two disciplinary cases follow prior discipline imposed on E. Herman Warnock in 1987, 1989, January 1998, and December 1998, as well as an interim suspension in January and February 1998. Because of Warnock’s […]

132 S.E.2d 664 PATTEN v. MAULDIN. 22066.Supreme Court of Georgia.ARGUED JULY 9, 1963. DECIDED SEPTEMBER 5, 1963. The petition does not allege special injury to the plaintiff resulting from the defendant’s negligent destruction of a bridge. ARGUED JULY 9, 1963 — DECIDED SEPTEMBER 5, 1963. Certiorari to the Court of Appeals of Georgia — 107 […]

92 S.E.2d 16 ALEXANDER v. CITIZENS SOUTHERN NATIONAL BANK et al. 19262.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1956. DECIDED MARCH 12, 1956. DUCKWORTH, Chief Justice. 1. A private citizen may not sue a municipality as a citizen and taxpayer unless he shows peculiar and special interest not shared by the general public. Perkins v. Mayor […]

413 S.E.2d 453 IN THE MATTER OF MARIETT D. BUCK-LONG. SUPREME COURT DISCIPLINARY NO. 793.Supreme Court of Georgia. DECIDED JANUARY 9, 1992. PER CURIAM. Based on its investigation of a client complaint, the State Bar of Georgia filed a formal complaint against respondent, alleging that respondent had made wilful misrepresentations to a client, thereby violating […]

199 S.E.2d 791 SHOCKLEY v. THE STATE. 28027.Supreme Court of Georgia.SUBMITTED JUNE 22, 1973. DECIDED SEPTEMBER 5, 1973. JORDAN, Justice. This is an appeal from an order by a trial judge who did not preside at the trial, the presiding judge no longer being in office, which reads as follows: “The motion for new trial […]

694 S.E.2d 647 WATKINS v. ANEGUNDI et al. No. S10A0153.Supreme Court of Georgia. DECIDED MARCH 29, 2010. RECONSIDERATION DENIED MAY 3, 2010. THOMPSON, Justice. This case, in which plaintiff-appellant questions the constitutionality of OCGA § 51-1-29.5 on various grounds, is controlled adversely to plaintiff-appellant by Gliemmo v. Cousineau, 287 Ga. 7 (694 SE2d 75) (2010). […]

573 S.E.2d 52 BOYD v. THE STATE. S02A1081.Supreme Court of Georgia. Decided November 25, 2002. BENHAM, Justice. This appeal is from Derek O’Neal Boyd’s conviction for felony murder.[1] He was indicted for malice murder, felony murder (aggravated assault), felony murder (possession of a firearm by a convicted felon), aggravated assault, and possession of a firearm […]

55 S.E.2d 298 BOWMAN v. BOWMAN. 16731.Supreme Court of Georgia. SEPTEMBER 16, 1949. 1. While grounds of a motion for a new trial, complaining of the admission or rejection of evidence, the charge of the court, and other similar matters, must be complete and understandable within themselves, so as not to require this court to […]

129 S.E.2d 795 WATSON v. GRIMES, Sheriff. HARPER v. GRIMES, Sheriff. 21912, 21913.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1963. DECIDED FEBRUARY 8, 1963. In a habeas corpus proceeding where the requisition of the Governor of the demanding State conclusively shows that the crime charged was committed in this State and not in the demanding State, […]

397 S.E.2d 120 BYRER v. THE STATE. S90A0869.Supreme Court of Georgia. DECIDED OCTOBER 24, 1990. HUNT, Justice. Christopher D. Byrer was convicted by a Richmond County jury of felony murder and cruelty to children for the September 25, 1988, killing of his four-month-old son, Richard.[1] The cruelty to children conviction was merged as a lesser-included […]

19 S.E.2d 305 WHITE, executor, v. GLASGOW. 14002.Supreme Court of Georgia. FEBRUARY 10, 1942. REHEARING DENIED MARCH 14, 1942. 1. A petition praying for extraordinary equitable relief will not be dismissed on motion of the defendant on the ground that there had been no legal service upon him, it appearing that, although a resident of […]

651 S.E.2d 10 DAVIS v. THE STATE. No. S07W1642.Supreme Court of Georgia. ORDERED AUGUST 3, 2007. ORDER OF THE COURT. Upon consideration of Davis’s application for discretionary appeal from the denial of his extraordinary motion for new trial, the same is hereby granted. As the recent order of the Georgia Board of Pardons and Paroles […]

335 S.E.2d 567 FORD v. THE STATE. 42154.Supreme Court of Georgia. DECIDED OCTOBER 29, 1985. SMITH, Justice. This is a death penalty case. Appellant, James A. Ford, was convicted in Coweta County of armed robbery, rape, kidnapping with bodily injury, burglary, and murder. The case is here on direct appeal, for review under the Unified […]

330 S.E.2d 882 SELLARS v. CHEROKEE COUNTY, GEORGIA. 42096.Supreme Court of Georgia. DECIDED JUNE 27, 1985. CLARKE, Justice. This is a zoning case in which the sole issue is whether the present zoning classification constitutes a taking. Sellars applied to rezone his lot in Cherokee County from residential to neighborhood commercial in order to build […]

419 S.E.2d 22 HART v. WHARTON. S92A0609.Supreme Court of Georgia. DECIDED JULY 16, 1992. RECONSIDERATION DENIED JULY 29, 1992. HUNT, Justice. We granted this petition for the writ of habeas corpus to determine whether the trial court erred in holding petitioner had waived his claims regarding the sufficiency of the evidence and double jeopardy. However, […]

198 S.E.2d 850 CHURCH et al. v. L. E. COMPANY. 27892.Supreme Court of Georgia.ARGUED MAY 15, 1973. DECIDED MAY 31, 1973. NICHOLS, Justice. This appeal involves a land line dispute in which the plaintiffs sought an injunction as well as damages. The trial court granted a temporary injunction, and it is from this judgment that […]

116 S.E.2d 559 McGAHEE, by Executor v. WALDEN et al. 21020.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1960. DECIDED OCTOBER 6, 1960. DUCKWORTH, Chief Justice. This is an action by the executor of an estate to recover certain personal property and a sum of money allegedly given to the defendants by the deceased while under the […]

680 S.E.2d 839 DOVE v. DOVE; and vice versa. Nos. S09A0197, S09X0198.Supreme Court of Georgia. DECIDED JUNE 15, 2009. SEARS, Chief Justice. We granted appellant Paul Dove’s application for interlocutory appeal to consider whether the trial court erred by ruling that the parties’ prenuptial agreement was unenforceable because it was required to be attested by […]

454 S.E.2d 508 GLISSON v. GLISSON. S94A1308.Supreme Court of Georgia. DECIDED MARCH 13, 1995. RECONSIDERATION DENIED MARCH 30, 1995. BENHAM, Presiding Justice. Appellee and appellant are father and son. Appellee filed suit to cancel a warranty deed conveying his farm to appellant. Appellant contends that the deed was part of a transaction in which appellee […]

66 S.E.2d 745 BROWN v. THE STATE. 17525.Supreme Court of Georgia.ARGUED JULY 9, 1951. DECIDED SEPTEMBER 10, 1951. 1. A common-law wife is not a competent witness against her common-law husband in a criminal action. 2. The portion of the charge complained of in special ground three of the amended motion for new trial was […]

80 S.E.2d 292 CHANDLER et al. v. FOOTE DAVIES COMPANY et al. 18454.Supreme Court of Georgia.ARGUED JANUARY 13, 1954. DECIDED FEBRUARY 10, 1954. HAWKINS, Justice. 1. “It is the duty of this court, with or without motion, to inquire into its jurisdiction, and to dismiss a writ of error where jurisdiction is lacking.” Stewart v. […]

687 S.E.2d 417 ALLEN v. THE STATE. No. S08G1733.Supreme Court of Georgia. DECIDED NOVEMBER 9, 2009. RECONSIDERATION DENIED DECEMBER 15, 2009. BENHAM, Justice. This appeal is before the Court upon grant of a writ of certiorari. See Allen v. State, 292 Ga. App. 133 (663 SE2d 370) (2008). In 1987, appellant Joseph E. Allen pled […]

387 S.E.2d 894 IN THE MATTER OF JOSEPH E. WEATHERFORD, JR. SUPREME COURT DISCIPLINARY NO. 763.Supreme Court of Georgia. DECIDED DECEMBER 1, 1989. PER CURIAM. Joseph E. Weatherford, Jr., was indicted by the grand jury for the offense of forgery of a document purporting to be an order of a superior court. He pleaded guilty […]

180 S.E.2d 736 STRICKLAND v. CHEWNING. 26288.Supreme Court of Georgia.SUBMITTED FEBRUARY 9, 1971. DECIDED MARCH 4, 1971. FELTON, Justice. 1. “Despite an adjudication of insanity, if no guardian has been appointed, the validity of a contract depends upon sanity at the time of the execution of the contract. In such a case the law presumes […]

206 S.E.2d 473 DAVIS v. DICKSON et al. 28888.Supreme Court of Georgia.SUBMITTED MAY 10, 1974. DECIDED MAY 28, 1974. JORDAN, Justice. In December, 1969, the appellant Elizabeth Davis filed her complaint in the Superior Court of DeKalb County to quiet title to certain property in DeKalb County on which she resided, claiming title thereto by […]

69 S.E.2d 874 ANDERSON et al. v. BARRON. 17734.Supreme Court of Georgia.ARGUED JANUARY 16, 1952. DECIDED MARCH 10, 1952. 1. The recitals in a private deed are binding only on the parties thereto and their privies, and are not evidence against one not claiming under the deed. 2. A tender of the amount due under […]