Category: Georgia Supreme Court Opinions

273 S.E.2d 406 TROTTER v. TROTTER. 36708.Supreme Court of Georgia.SUBMITTED SEPTEMBER 26, 1980. DECIDED OCTOBER 29, 1980. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Bowles, J., who dissents. SUBMITTED SEPTEMBER 26, 1980 — DECIDED OCTOBER 29, 1980. Cancellation, etc. Clayton Superior Court. Before Judge Crumbley. Page 592 Reiter Windham, […]

282 S.E.2d 641 SHEPPARD v. YARA ENGINEERING CORPORATION et al. 37737.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. HILL, Presiding Justice. The issue in this case is whether two employees of the defendant Cyprus Mining Company were properly dismissed as parties. The answer depends on whether the plaintiff’s claim raises questions solely in contract or […]

402 S.E.2d 518 ZANT v. HARRISON. S91A0185.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1991. PER CURIAM. This case is controlled by Ross v. Kemp, 260 Ga. 312 (393 S.E.2d 244) (1990). Judgment affirmed. All the Justices concur. DECIDED FEBRUARY 21, 1991. Habeas corpus. Butts Superior Court. Before Judge Langham from Atlanta Circuit. Michael J. Bowers, […]

360 S.E.2d 255 LONG et al. v. MARION. 44592.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 1987. MARSHALL, Chief Justice. Appellants Long and Import Performance Centre, Ltd., brought a four-count action against appellee Marion based on their agreement to repair his automobile. Count 1 of Marion’s three-count counterclaim for breach of the contract to repair referred […]

138 S.E.2d 567 KENNEDY v. DURHAM et al. 22662.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1964. DECIDED OCTOBER 8, 1964. The petition stated a cause of action for the sale of property, divesting the interest of contingent remaindermen, with a reinvestment of the proceeds of the sale. ARGUED SEPTEMBER 16, 1964 — DECIDED OCTOBER 8, 1964. […]

188 S.E.2d 502 KING v. KING et al. 26997.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1972. DECIDED MARCH 9, 1972. REHEARING DENIED MARCH 23, 1972. 1. The trial court properly overruled defendant’s motion to dismiss the complaint. 2. It appearing without dispute that defendant, as sole trustee of a trust, had moved her residence to another […]

324 S.E.2d 455 SIMON v. THE STATE. 41369.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. CLARKE, Justice. James “Gene” Simon was convicted of the murder of William “Bum” Phillips on January 13, 1984.[1] Simon and Phillips were wood producers for Moultrie Pulpwood in Moultrie, Georgia. They began to quarrel in the office of the manager, […]

7 S.E.2d 730 GREEN, administratrix, v. ADAMS et al. 13116.Supreme Court of Georgia. MARCH 12, 1940. This case is controlled by the decision in Green v. Spires. ante. 719. No. 13116. MARCH 12, 1940. Equitable petition. Before Judge Jackson. Wilkinson superior court. October 4, 1939. Edward F. Taylor and Alex S. Boone Jr., for plaintiff. […]

46 S.E.2d 345 DADE COUNTY et al. v. THE STATE OF GEORGIA et al. 16057.Supreme Court of Georgia. FEBRUARY 10, 1948. Where a bill of exceptions with its record invokes jurisdiction of this court on the sole ground that a constitutional question is involved, but raises only a question as to the constitutionality of a […]

80 S.E.2d 300 LANDRUM et al., by Guardian, v. NATIONAL CITY BANK OF ROME, Executor, et al. 18476.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1954. DECIDED FEBRUARY 8, 1954. 1. The provision in the will of the deceased here under consideration violates the rule against perpetuities. Code § 85-707. 2. The judgment of the court below […]

175 S.E.2d 20 DeKALB COUNTY v. McFARLAND et al. 25723.Supreme Court of Georgia.ARGUED APRIL 14, 1970. DECIDED MAY 7, 1970. Where the trial court sets a hearing on a motion for a judgment notwithstanding a mistrial in which order the court allows the movant until a final hearing on the motion to present to the […]

196 S.E.2d 449 SPURLIN v. CALDWELL. 27787.Supreme Court of Georgia. DECIDED MARCH 15, 1973. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. DECIDED MARCH 15, 1973. Habeas corpus. Tattnall Superior Court. Before Judge Caswell. Ralph Spurlin, pro se. Arthur K. Bolton, Attorney General, Harold N. […]

190 S.E.2d 537 LEACHMAN v. COBB DEVELOPMENT COMPANY. 27123.Supreme Court of Georgia.SUBMITTED APRIL 11, 1972. DECIDED JUNE 15, 1972. When a motion for summary judgment is made by a defendant, charged with fraud, which motion is supported by evidence of good faith in the transaction, and there is no evidence before the trial judge making […]

414 S.E.2d 207 GROVENSTEIN et al. v. EFFINGHAM COUNTY et al. (two cases). S91A1676, S91A1677.Supreme Court of Georgia. DECIDED MARCH 13, 1992. HUNT, Justice. These appeals raise issues of preemption and statutory interpretation. Appellant Shealy’s Auto Parts and Service, Inc. (Shealy’s) and its owner, appellant Shealy Grovenstein, held an Effingham County license to sell beer […]

415 S.E.2d 284 SLACK v. THE STATE. S92A0454.Supreme Court of Georgia. DECIDED APRIL 9, 1992. BELL, Justice. Slack appeals his convictions of the malice murder of Dennis Jacoway and of the possession of a firearm during the commission of a crime.[1] We affirm. The evidence would have authorized a jury to conclude that the following […]

232 S.E.2d 544 HERRING et al. v. STANDARD GUARANTY INSURANCE COMPANY. 31603.Supreme Court of Georgia.ARGUED OCTOBER 13, 1976. DECIDED JANUARY 28, 1977. HILL, Justice. Appellants, defendants below, contend that a money judgment was improperly entered against them based on a rule nisi hearing. The Standard Guaranty Insurance Company filed a multi-count complaint alleging that the […]

187 S.E.2d 531 CARROLL v. HOLLAND. 26933.Supreme Court of Georgia.ARGUED JANUARY 10, 1972. DECIDED FEBRUARY 11, 1972. ALMAND, Chief Justice. This appeal is from an order of September 7, 1971, remanding appellant in a habeas corpus proceeding to the custody of the appellee. The notice of appeal was filed on November 12, 1971. Held: The […]

220 S.E.2d 258 JORDAN v. WAY. 30244.Supreme Court of Georgia.SUBMITTED AUGUST 22, 1975. DECIDED OCTOBER 21, 1975. REHEARING DENIED NOVEMBER 4, 1975. HILL, Justice. Following a jury verdict finding that a public road exists across his property by prescription, the defendant Howell Jordan appeals from the court’s denial of his motion for new trial. S. […]

637 S.E.2d 1 DAVIS v. HARPAGON COMPANY, LLC (two cases). Nos. S06A0895, S06A1137.Supreme Court of Georgia. DECIDED OCTOBER 16, 2006. RECONSIDERATION DENIED NOVEMBER 20, 2006. MELTON, Justice. These consolidated appeals regard the propriety of the tax sale of the home of Karen Cannon Henderson Davis. The record shows that, around January 7, 1997, the DeKalb […]

359 S.E.2d 877 FOSTER v. GEORGIA BOARD OF CHIROPRACTIC EXAMINERS. 44642.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1987. RECONSIDERATION DENIED SEPTEMBER 8, 1987. MARSHALL, Chief Justice. The appellant, Charles Foster, is a licensed chiropractor in the State of Georgia. The state instituted administrative proceedings against him, seeking the imposition of sanctions on grounds that in […]

157 S.E.2d 751 STEPHENS et al. v. STATE HIGHWAY DEPARTMENT. 24289.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1967. DECIDED OCTOBER 20, 1967. FRANKUM, Justice. 1. The main question presented by the appeal in this case is whether the trial judge erred in granting an interlocutory injunction in favor of the plaintiffs, the State Highway Department and […]

241 S.E.2d 245 CORN v. THE STATE (two cases). 33089, 33101.Supreme Court of Georgia.SUBMITTED DECEMBER 16, 1977. SUBMITTED DECEMBER 23, 1977. DECIDED JANUARY 5, 1978. UNDERCOFLER, Presiding Justice. Charles Thomas Corn, pro se, petitioned the Clayton Superior Court for copies of the records of his criminal convictions in that court: One, jury convictions for armed […]

175 S.E.2d 551 WATTS v. THE STATE. 25802.Supreme Court of Georgia.SUBMITTED MAY 11, 1970. DECIDED JUNE 9, 1970. UNDERCOFLER, Justice. This appeal is from a conviction in the Superior Court of Douglas County, Georgia, for the larceny of an automobile. The Court of Appeals has jurisdiction to decide questions of law that involve the application, […]

430 S.E.2d 742 DENNIS v. THE STATE. S93A0293.Supreme Court of Georgia. DECIDED JUNE 21, 1993. RECONSIDERATION DENIED JULY 15, 1993. SEARS-COLLINS, Justice. Lionel Bernard Dennis was convicted in Dougherty County Superior Court of felony murder, two counts of armed robbery, possession of a firearm by a convicted felon, possession of firearm during the Page 258 […]

505 S.E.2d 216 IN THE MATTER OF HARVEY N. GOLDBERG. S98Y1931.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998. PER CURIAM. Harvey N. Goldberg petitions this Court to accept the voluntary surrender of his license to practice law in this state. Goldberg admits that he has been charged with, and will plead guilty to, possession of […]

207 S.E.2d 493 BURTON v. STYNCHCOMBE. 28978.Supreme Court of Georgia.SUBMITTED JUNE 21, 1974. DECIDED JULY 9, 1974. UNDERCOFLER, Justice. The Governor of Michigan sought the extradition of James William Burton for trial in that state for the offenses of fraudulent detention or use by a subcontractor of building contract funds and fraud by false pretenses. […]

202 S.E.2d 457 VON RICHTER v. CALDWELL. 28195.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS 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 […]

581 S.E.2d 534 WILSON v. THE STATE. S03A0394.Supreme Court of Georgia. Decided: June 2, 2003 HUNSTEIN, Justice. Ricky Lewis Wilson was sentenced to life imprisonment for felony murder arising out of the attempted armed robbery and shooting death of Norris Lee. Wilson’s motion for a new trial was denied[1] and he appeals, contending that comments […]

14 S.E.2d 483 ALSTON v. SMITH. 13656.Supreme Court of Georgia. APRIL 16, 1941. GRICE, Justice. 1. A ground of a motion for new trial complaining of the admission in evidence of “all of the receipts being held by Ozella Smith, being signed by Miss Ina Alston for W. G. Turpin Company, and receipts signed by […]

430 S.E.2d 586 O’NEAL v. KAMMIN. S93G0578.Supreme Court of Georgia. DECIDED JUNE 21, 1993. HUNT, Presiding Justice. We granted this petition for certiorari to determine whether a misdemeanor conviction for possession of less than an ounce of marijuana is admissible for impeachment purposes. We hold that it is not Page 219 and reverse. O’Neal and […]

352 S.E.2d 753 HALPERN v. HALPERN. 43791.Supreme Court of Georgia. DECIDED JANUARY 29, 1987. MARSHALL, Chief Justice. This is a divorce proceeding filed by the appellant-wife. In her complaint, she has requested, among other things, an equitable division of the appreciation during the parties’ marriage in the value of stock in a closely held corporation […]

235 S.E.2d 486 JONES v. SPINDEL. SPINDEL v. JONES et al. 32173, 32183.Supreme Court of Georgia.ARGUED APRIL 13, 1977. DECIDED APRIL 27, 1977. REHEARING DENIED MAY 26, 1977. UNDERCOFLER, Presiding Justice. Mrs. Edna Spindel, executrix for her husband’s estate, in an attempt to collect an $82,000 judgment Page 69 awarded to her husband against H. […]

533 S.E.2d 64 LOVELL v. ANDERSON. S00A0273.Supreme Court of Georgia. DECIDED: JULY 5, 2000 FLETCHER, Presiding Justice. In this will contest case the caveator contends that the testator intended to revoke his will when he made obliterations of a material portion of the will. The issue is whether the statutory presumption of revocation by obliteration[1] […]

207 S.E.2d 57 HOPPER v. THOMPSON. 28761.Supreme Court of Georgia.SUBMITTED MARCH 25, 1974. DECIDED JUNE 19, 1974. The habeas corpus court properly set aside the petitioner’s sentence and remanded him for a new trial only as to the issue of punishment. SUBMITTED MARCH 25, 1974 — DECIDED JUNE 19, 1974. Habeas corpus. Tattnall Superior Court. […]

621 S.E.2d 453 LEGACY INVESTMENT GROUP, LLC v. KENN et al. S05A0989.Supreme Court of Georgia. DECIDED OCTOBER 24, 2005. SEARS, Chief Justice. The appellant, Legacy Investment Group, LLC (“Legacy”), sought to have the appellees, Fulton County and its commissioners, rezone certain property it owned in the county. Fulton County denied the rezoning, and Legacy filed […]

391 S.E.2d 765 WESTER v. THE STATE. S90A0686.Supreme Court of Georgia. DECIDED MAY 31, 1990. CLARKE, Chief Justice. Shoney Wester appeals his convictions and consecutive life sentences for malice murder and armed robbery.[1] We reverse. On the second day of the trial of this case, the state called a fingerprint expert to the stand. Wester […]

221 S.E.2d 35 CLEMENTS v. WARNER ROBINS SUPPLY COMPANY, INC. et al. 30401.Supreme Court of Georgia.SUBMITTED OCTOBER 3, 1975. DECIDED NOVEMBER 24, 1975. JORDAN, Justice. Elton Clements appeals an order granting the appellees’ motion for summary judgment. The appellees were three of six defendants in the trial court. Appellant Clements filed a multi-count petition in […]

50 S.E.2d 321 CRIDER v. BALKCOM, Warden. 16422.Supreme Court of Georgia. NOVEMBER 17, 1948. Where, after serving the minimum term provided in a felony sentence, the Board of Pardons and Paroles releases a prisoner under certain conditions and permits him to serve the remainder of his maximum sentence outside of prison, and the prisoner violates […]

205 S.E.2d 301 HOOKS v. HOPPER. 28739.Supreme Court of Georgia.SUBMITTED MARCH 18, 1974. DECIDED APRIL 4, 1974. UNDERCOFLER, Justice. This habeas corpus attacks petitioner’s conviction of murder and a life sentence on the following grounds: (1) denial of bail bond because of race, (2) improper admission of evidence, (3) ineffective assistance of counsel, (4) denial […]

415 S.E.2d 638 BRADFIELD v. WELLS. S92A0877, S92X0914.Supreme Court of Georgia. DECIDED APRIL 30, 1992. CLARKE, Chief Justice. June Dyal Bradfield brought this declaratory judgment action to determine whether the Telfair County Tenure Law precludes her from seeking reelection to the office of Superintendent of the Telfair County School District. The trial court held that […]

175 S.E.2d 504 HIRSCH v. HIRSCH. 25812.Supreme Court of Georgia.ARGUED MAY 21, 1970. DECIDED JUNE 9, 1970. Enumerations of error requiring a consideration of the evidence adduced upon the trial of a case cannot be ruled upon where the appellant excludes from the record to be transmitted to this court depositions filed in the trial […]

243 S.E.2d 45 COLLINS v. COLLINS. 33306.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1978. DECIDED FEBRUARY 28, 1978. NICHOLS, Chief Justice. This is an appeal from an order dividing articles of personal property between the parties pursuant to a final decree of divorce. The former wife appeals, contending that the court erred in ordering the division […]

490 S.E.2d 392 HORSLEY v. HORSLEY. S97A1266.Supreme Court of Georgia. DECIDED OCTOBER 6, 1997 THOMPSON, Justice. We granted an application for discretionary appeal in this divorce case to determine whether the trial court properly applied the “source of the funds” rule when apportioning the parties’ respective interests in a marital home which was brought to […]

199 S.E.2d 216 STONE MOUNTAIN SCENIC RAILROAD, INC. v. STONE MOUNTAIN MEMORIAL ASSOCIATION; and vice versa. 27788, 27972.Supreme Court of Georgia.ARGUED JUNE 12, 1973. DECIDED JUNE 28, 1973. REHEARING DENIED JULY 12, 1973. 1. The motions to dismiss the appeal and cross appeal are not meritorious. 2. The trial court properly ruled, upon motion for […]

169 S.E.2d 286 HUNSINGER v. THE STATE. 25250.Supreme Court of Georgia.ARGUED JUNE 11, 1969. DECIDED JULY 10, 1969. A charge on reasonable doubt which excludes from the jurors consideration elements which could properly create a reasonable doubt in their minds is error. ARGUED JUNE 11, 1969 — DECIDED JULY 10, 1969. Robbery by force. Jackson […]

500 S.E.2d 908 OLIVER v. BARRETT. S98A0688.Supreme Court of Georgia. DECIDED JUNE 1, 1998. THOMPSON, Justice. This is an appeal from the denial of Oliver’s petition for habeas corpus in an extradition proceeding. Oliver asserts the habeas corpus court should have determined that Illinois is seeking to extradite him just so it can commit him […]

212 S.E.2d 806 TERRY v. THE STATE. 29605.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1975. DECIDED FEBRUARY 4, 1975. UNDERCOFLER, Presiding Justice. Appellant was convicted of armed robbery and carrying a pistol without a license. He was sentenced respectively to fifteen years and one year imprisonment to run concurrently. He appeals upon the general grounds that […]

295 S.E.2d 327 PHILLIPS v. JORDAN et al. 38866.Supreme Court of Georgia. DECIDED OCTOBER 5, 1982. JORDAN, Chief Justice. We reverse the trial court’s grant of summary judgment for the defendants Evelyn Barfield Jordan and James Lamar Jordan, Jr. We hold that the claim of Sarah Evelyn Jordan Phillips for recovery of the subject property […]

192 S.E.2d 163 WEST v. THE STATE. 27311.Supreme Court of Georgia.SUBMITTED JULY 11, 1972. DECIDED SEPTEMBER 7, 1972. MOBLEY, Chief Justice. The appellant was convicted of armed robbery on two counts in November, 1967, and sentenced to ten years on each count, to run consecutively. His extraordinary motion for new trial, as amended, was denied, […]

57 S.E.2d 203 McCLUNEY et al. v. STEMBRIDGE, Ordinary, et al. 16909.Supreme Court of Georgia. JANUARY 10, 1950. 1. Where the ordinary of a county, in calling a special election to submit to the qualified voters of the county the question whether or not the sale of alcoholic beverages in the county shall be permitted […]

231 S.E.2d 734 STATE ETHICS COMMISSION et al. v. McDOWELL. 31572.Supreme Court of Georgia.ARGUED OCTOBER 12, 1976. DECIDED JANUARY 4, 1977. GUNTER, Justice. This appeal involves the issue of the constitutionality or unconstitutionality of a portion of Georgia’s Page 142 “Campaign and Financial Disclosure Act”. In 1975, the General Assembly amended the Act so as […]

413 S.E.2d 196 THOMAS v. THE STATE. S91G1111.Supreme Court of Georgia. DECIDED FEBRUARY 13, 1992. HUNT, Justice. We granted certiorari in this case to consider whether after acknowledging that the defendant’s armed robbery and theft by receiving convictions were mutually exclusive, the Court of Appeals properly affirmed the conviction for armed robbery and vacated the […]

544 S.E.2d 116 ROLISON et al. v. GEORGIA CENTRAL RAILWAY, L. P., HARDEN et al. v. GEORGIA CENTRAL RAILWAY, L. P. S00A1761, S00A1762.Supreme Court of Georgia. DECIDED: MARCH 2, 2001 THOMPSON, Justice. This case concerns the width of a railroad right-of-way. The railroad claims its right-of-way extends 200 feet, i.e., 100 feet on either Page […]

14 S.E.2d 856 HIGGINBOTHAM v. ADAMS et al. 13738.Supreme Court of Georgia. MAY 16, 1941. 1. The petition by a legatee, to set aside a default judgment against the executrix, showing that the judgment was against the executrix individually and in her representative capacity, based upon two promissory notes, the individual obligations of the executrix, […]

226 S.E.2d 575 WILSON v. THE STATE. 30900.Supreme Court of Georgia.SUBMITTED MARCH 5, 1976. DECIDED JUNE 8, 1976. GUNTER, Justice. This appeal is from convictions for armed robbery, motor vehicle theft, and simple assault. Two alleged errors are asserted here: (1) a motion to suppress evidence obtained from a search of appellant’s automobile should have […]

39 S.E.2d 675 HILL v. THE STATE. 15527.Supreme Court of Georgia. SEPTEMBER 7, 1946. 1. The testimony relating to the crime of rape was properly admitted over the objection that the accused was on trial for murder and not for rape, the latter offense being a part of the res gestae. The evidence was also […]