Category: Georgia Supreme Court Opinions

180 S.E.2d 545 FORD et al. v. THE STATE. 26229.Supreme Court of Georgia.ARGUED DECEMBER 16, 1970. DECIDED JANUARY 21, 1971. REHEARING DENIED FEBRUARY 15, 1971. 1. The verdict is supported by the evidence. 2. Since there is no statutory authority for the direction of a verdict in a criminal case, the denial of appellants’ motion […]

442 S.E.2d 757 McGHEE v. THE STATE. S94A0108.Supreme Court of Georgia. DECIDED MAY 16, 1994. THOMPSON, Justice. Ray V. McGhee was convicted of murder and sentenced to life in prison.[1] 1. Defendant asserts the general grounds. Viewed in a light favorable to the verdict, the evidence shows the following: Defendant lived with his wife and […]

110 S.E.2d 360 BOOKER et al. v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION et al. 20528.Supreme Court of Georgia.ARGUED JULY 13, 1959. DECIDED SEPTEMBER 11, 1959. A petition seeking injunctive relief and for a declaratory judgment was subject to general demurrers and was properly dismissed. ARGUED JULY 13, 1959 — DECIDED SEPTEMBER 11, 1959. Page 278 […]

297 S.E.2d 275 ROSS v. THE STATE. 38977.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1982. REHEARING DENIED DECEMBER 14, 1982. WELTNER, Justice. Ross, a restaurant owner, was convicted by jury for a violation of the Georgia Employment Security Law, Code Ann. Ch. 54-6, by refusing to produce his payroll records for inspection by the State […]

69 S.E.2d 865 FULTON COUNTY et al. v. PHILIPS. 17783.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1952. DECIDED MARCH 10, 1952. REHEARING DENIED MARCH 25, 1952. DUCKWORTH, Chief Justice. 1. “A bill of exceptions must plainly specify, not only the decision complained of, but the error alleged to exist therein, and without a compliance with this […]

53 S.E.2d 909 BASSETT v. HUNTER. 16682.Supreme Court of Georgia. JUNE 15, 1949. 1. The language of the several excerpts from the charge complained of in the first special ground of the motion for new trial, when considered in connection with the entire charge, is not subject to the criticism that Page 418 it was […]

221 S.E.2d 455 TAMPLIN v. THE STATE. 29954.Supreme Court of Georgia. 1975. Note: The following was added by the Court to this case after its publication on page 20, ante. ON EXTRAORDINARY MOTION FOR REHEARING PER CURIAM. The decision in this death case (235 Ga. 20 (218 S.E.2d 779)) was rendered on September 11, 1975. […]

241 S.E.2d 229 LANIER v. THE STATE. 33007.Supreme Court of Georgia.SUBMITTED NOVEMBER 18, 1977. DECIDED JANUARY 4, 1978. JORDAN, Justice. Appellant was convicted for murder, sentenced to life imprisonment and appeals. The only enumeration of error is that the trial court erred in overruling his motion for new trial on the general grounds. An examination […]

139 S.E.2d 484 BENNETT v. KOVACIK. 22738.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1964. DECIDED DECEMBER 3, 1964. 1. The father’s amended petition against the mother, seeking visitation and custodial rights as to their child, set forth a cause of action. 2. The ruling sustaining the general demurrer to the original petition did not, in view […]

157 S.E.2d 273 MARSH v. THE STATE. 24212.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1967. DECIDED SEPTEMBER 21, 1967. DUCKWORTH, Chief Justice. 1. Where, as here, a pistol was used in evidence against the accused and he sought to suppress it as seized in an alleged illegal search of the home of a relative, the evidence […]

193 S.E.2d 849 MUGGRIDGE et al. v. STATE HIGHWAY DEPARTMENT. 27379.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1972. DECIDED OCTOBER 5, 1972. REHEARING DENIED NOVEMBER 9, 1972. 1. Under the stipulated facts and undisputed evidence, the trial court did not err in granting the defendant’s motion for summary judgment on its counterclaim. 2. In view of […]

163 S.E.2d 713 HERRIN v. HERRIN et al. 24726.Supreme Court of Georgia.SUBMITTED JULY 8, 1968. DECIDED SEPTEMBER 24, 1968. 1. There is no merit in the motion to dismiss the appeal. 2. The evidence was insufficient to sustain the verdict finding that the will was executed under a mistake of fact as to the conduct […]

111 S.E.2d 44 BOWEN v. THE STATE. 20642.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. CANDLER, Justice. Based on an affidavit made by Ronald Chadwick, the Solicitor of the City Court of Gwinnett County framed and filed an accusation in that court, charging and accusing K. V. […]

106 S.E.2d 783 JACKSON v. JACKSON. 20263.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1958. DECIDED JANUARY 12, 1959. The court, having erroneously sustained special demurrers to specific paragraphs of the plaintiff’s petition for a divorce, erred in subsequently dismissing the petition because of her alleged failure to comply with the order sustaining the special demurrers. SUBMITTED […]

454 S.E.2d 464 SHELBY INSURANCE COMPANY v. FORD et al. S94G0982.Supreme Court of Georgia. DECIDED MARCH 6, 1995. RECONSIDERATIONS DENIED MARCH 30, 1995. BENHAM, Presiding Justice. Karenna Marie Ford was injured on the premises of a day care center operated by KDC, Inc., a corporation owned by appellee Cain and her husband. Acting by next […]

412 S.E.2d 531 WALLER v. THE STATE. S91A1253.Supreme Court of Georgia. DECIDED FEBRUARY 4, 1992. BENHAM, Justice. Appellant was 15 years old when she was charged with murder, armed robbery and theft by taking, charges based on events which occurred when she was 14 years old. The State sought transfer of appellant and the charges […]

239 S.E.2d 741 STANTON et al. v. DICKSON et al. 32725.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1977. DECIDED OCTOBER 21, 1977. UNDERCOFLER, Presiding Justice. We review the judgment of the trial court construing the language of the last will and testament of James Albert Stanton to leave a fee simple estate to Mr. and Mrs. […]

294 S.E.2d 520 IN RE CASON. (ADMISSIONS DOCKET NO. 26) 39167.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1982. PER CURIAM. Theresa D. Tate Cason applied to the Board to Determine Fitness of Bar Applicants for certification of fitness to practice law. In her application, in response to the instruction “List all criminal proceedings (other than […]

223 S.E.2d 96 PEYTON v. PEYTON. 30431.Supreme Court of Georgia.SUBMITTED OCTOBER 20, 1975. DECIDED JANUARY 28, 1976. JORDAN, Justice. In an action for divorce by appellant-wife, the jury found a common-law marriage to exist, granted appellant a total divorce, and awarded child support. Appellant’s amended motion for new trial was denied without hearing upon appellee’s […]

184 S.E.2d 457 FRIEDMAN v. SMITH. 26692.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1971. DECIDED OCTOBER 7, 1971. UNDERCOFLER, Justice. This appeal was docketed in this court on July 13, 1971. The enumeration of errors was not filed until August 23, 1971. Under Rule 14 (a) 226 Ga. 905, 911) in effect at the time the […]

295 S.E.2d 313 ZANT v. AKINS. 38689.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1982. MARSHALL, Justice. On May 8, 1973, the appellee was convicted of burglary, as well as the brutal rape and kidnapping of a six-year-old girl. For the rape and kidnapping convictions he was given death sentences, which were set aside in his […]

84 S.E.2d 19 McGAHEE v. PHILLIPS. 18717.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1954 DECIDED OCTOBER 13, 1954. 1. On the trial of a caveat filed by the widow and sole heir at law of the testator, evidence as to the financial and physical condition of the testator’s mother and sister was properly excluded. 2. Where […]

80 S.E.2d 393 BUCHANAN v. HEATH. 18434.Supreme Court of Georgia.ARGUED JANUARY 11, 1954. DECIDED FEBRUARY 9, 1954. REHEARING DENIED FEBRUARY 24, 1954. 1. The evidence submitted by the plaintiff being sufficient to prove the allegations of the petition, the court erred in granting a nonsuit, which is in the nature of a general demurrer to […]

30 S.E.2d 872 CALHOUN v. BABCOCK BROTHERS LUMBER COMPANY. 14845.Supreme Court of Georgia.JUNE 9, 1944. REHEARING DENIED JULY 11, 1944. The verdict was not without evidence to support it; and the exceptions to the charge, as dealt with in the opinion, show no reversible error. No. 14845. JUNE 9, 1944. REHEARING DENIED JULY 11, 1944. […]

485 S.E.2d 777 CLEVELAND v. SKANDALAKIS, COMR., ET AL. S97A0397.Supreme Court of Georgia. DECIDED JUNE 2, 1997 — RECONSIDERATION DENIED JUNE 30, 1997. THOMPSON, Justice. David L. Cleveland, as administrator of the estate of Ronnie I. Cleveland, appeals from the denial of his petition for writ of mandamus brought against Mitch J. Skandalakis, Chairman of […]

168 S.E.2d 152 McKENZIE v. McKENZIE. 25167.Supreme Court of Georgia.SUBMITTED MAY 13, 1969. DECIDED MAY 22, 1969. MOBLEY, Justice. In a divorce, alimony, and custody proceeding where each parent sought temporary and permanent custody of their minor children, the court at an interlocutory hearing entered an order reciting that, “after hearing the evidence in said […]

411 S.E.2d 493 BERESH v. MESSMORE. S91A1408.Supreme Court of Georgia. DECIDED JANUARY 9, 1992. CLARKE, Chief Justice. In 1988, Jasper Messmore filed a complaint for divorce against Janet Beresh, alleging the existence of a common-law marriage. Beresh filed an answer but did not appear at the hearing on the divorce. The trial court granted a […]

122 S.E.2d 253 REED et al., Administrators v. REED et al.; and vice versa. REED et al. v. REED et al., Administrators, et al. 21372, 21373, 21374.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1961. DECIDED OCTOBER 5, 1961. 1. The exceptions in Case No. 21372 to the judgments overruling the motions to dismiss the amended motion […]

224 S.E.2d 15 FLEMING v. THE STATE. 30669.Supreme Court of Georgia.SUBMITTED DECEMBER 29, 1975. DECIDED MARCH 8, 1976. REHEARING DENIED MARCH 23, 1976. INGRAM, Justice. Appellant was convicted by a jury in the Superior Court of Baldwin County of the offenses of armed robbery and murder for which he received consecutive sentences of life imprisonment. […]

21 S.E.2d 224 BAINBRIDGE FARM COMPANY et al. v. BOWER. 13992.Supreme Court of Georgia. JUNE 17, 1942. REHEARING DENIED JULY 16, 1942. 1. In a suit involving a lost bond, indemnity from the obligee to the maker will not be required as a condition for a recovery or other relief in favor of the obligee, […]

302 S.E.2d 550 ANDEAN MOTOR COMPANY v. MULKEY. GENERAL MOTORS CORPORATION v. MULKEY. 39546, 39547.Supreme Court of Georgia. DECIDED MAY 12, 1983. WELTNER, Justice. Mulkey’s complaint against General Motors Corporation and Andean Motor Company claimed money damages for injuries allegedly arising out of a motor vehicle collision caused by the instability and poor handling characteristics […]

514 S.E.2d 194 ENGLISH v. MULLER et al. S99A0268.Supreme Court of Georgia. DECIDED: MARCH 8, 1999. — RECONSIDERATION DENIED APRIL 9, 1999. CARLEY, Justice. Ms. Emily English contracted to sell certain real property to Frederick Muller and Elizabeth Muller for $155,000. The contract stated that time was of the essence and provided for closing of […]

396 S.E.2d 212 LEWIS v. THE STATE. S90A0682.Supreme Court of Georgia. DECIDED SEPTEMBER 26, 1990. HUNT, Justice. Florine Lewis was convicted by a jury of the felony murder of her boyfriend, Roosevelt Ashley, Jr., and sentenced to life imprisonment.[1] She appeals, raising as her sole enumeration of error the sufficiency of Page 405 the evidence. […]

26 S.E.2d 287 MURRAY COUNTY v. PICKERING. 14522.Supreme Court of Georgia. MAY 7, 1943. REHEARING DENIED JUNE 12, 1943. 1. The allegations and prayers in the petition are predicated upon a verbal contract creating the relationship of principal and agent, and not upon a written contract making defendant an independent contractor. 2. Constructive trusts are […]

111 S.E.2d 70 ALLEN v. THE STATE. 20592.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. HAWKINS, Justice. A. D. Allen, Jr., was jointly indicted with Charles Paul (Rockey) Rothschild for the murder of Charles Drake. The defendant Rothschild pleaded guilty and was sentenced to life imprisonment. The […]

100 S.E.2d 458 ENDICOTT v. ENDICOTT. 19851.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1957. DECIDED OCTOBER 15, 1957. REHEARING DENIED NOVEMBER 8, 1957. 1. The cross-complaint of the defendant for temporary and permanent alimony and attorney’s fees in the plaintiff’s suit for a divorce was not subject to the general and special demurrers of the plaintiff. […]

109 S.E.2d 739 SANDERS et al. v. YATES et al. 20495.Supreme Court of Georgia.ARGUED JUNE 8, 1959. DECIDED JULY 9, 1959. The petition by the plaintiffs, residents of Walker County, Georgia, seeking to enjoin the defendants, residents of Walker County, Georgia, from prosecuting a pending suit in the Circuit Court of Hamilton County, Tennessee, against […]

133 S.E.2d 96 PACOLET MANUFACTURING COMPANY v. CRESCENT TEXTILES, INC. 22106.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1963. DECIDED OCTOBER 10, 1963. The Court of Appeals erred in reversing the order of the trial judge denying the oral motion of the defendant to strike the petition. ARGUED SEPTEMBER 11, 1963 — DECIDED OCTOBER 10, 1963. Certiorari […]

135 S.E.2d 277 PATTERSON v. THE STATE. 22335.Supreme Court of Georgia.ARGUED JANUARY 14, 1964. DECIDED JANUARY 30, 1964. REHEARING DENIED FEBRUARY 11, 1964. HEAD, Presiding Justice. The present case is controlled by the rulings made in Clark v. State, ante. Judgment affirmed. All the Justices concur. ARGUED JANUARY 14, 1964 — DECIDED JANUARY 30, 1964 […]

108 S.E.2d 272 THE STATE v. GOSSETT, alias HILL. 20407.Supreme Court of Georgia.SUBMITTED MARCH 10, 1959. DECIDED APRIL 9, 1959. MOBLEY, Justice. The defendant was convicted, in 1947, of the murder of Leroy Hill. Her conviction was affirmed by this Page 841 court in 1948 in Gossett v. State, 203 Ga. 692 (48 S.E.2d 71). […]

18 S.E.2d 769 KENT v. MAYOR AND COUNCIL OF ALAMO et al. 13963.Supreme Court of Georgia. FEBRUARY 10, 1942. ATKINSON, Presiding Justice. On December 18, 1939, improved real estate was levied on as the property of a named person, and advertised to be sold to satisfy several tax fi. fas. for ad valorem taxes due […]

638 S.E.2d 302 BRYAN COUNTY v. YATES PAVING GRADING COMPANY, INC. et al. No. S06G0119.Supreme Court of Georgia. DECIDED NOVEMBER 30, 2006. MELTON, Justice. We granted certiorari in this case to determine whether the Court of Appeals erred by holding that an arbitrator, rather than a court, should determine the res judicata effect of a […]

7 S.E.2d 255 SMITH v. WOOD et al. 12984.Supreme Court of Georgia. FEBRUARY 17, 1940. BELL, Justice. 1. Since the motion for new trial did not complain of the direction of the verdict, and exceptions to such ruling were taken only in the bill of exceptions, which was tendered for certification more than 30 days […]

314 S.E.2d 896 TUCKER v. MITCHELL. 40857.Supreme Court of Georgia. DECIDED APRIL 24, 1984. REHEARING DENIED MAY 15, 1984. CLARKE, Justice. Plaintiff (appellee here) dismissed an action against defendant (appellant) and on the same day filed another action against him. Plaintiff did not pay costs in the dismissed action until some three weeks after the […]

614 S.E.2d 65 SMITH v. THE STATE. S05A0832.Supreme Court of Georgia. DECIDED JUNE 6, 2005. CARLEY, Justice. Theodore Smith was tried before a jury and found guilty of the felony murder of Lula Tekle while in the commission of aggravated assault, a separate count of aggravated assault against Carlton Hill, and two counts of possession […]

470 S.E.2d 644 FUTURE PROFESSIONALS, INC. v. DARBY ET AL. S96A0234.Supreme Court of Georgia. DECIDED MAY 20, 1996. SEARS, Justice. Appellant Future Professionals, Inc. (“FAPA”) and Appellees Darby and Aviation Information Resources, Inc. (“Darby” and “AIR”) are engaged in the business of providing career counseling services to prospective job applicants in the airline industry. This […]

129 S.E.2d 910 WILSON, by Next Friend v. DAVIS, Administrator, et al. 21911.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1963. DECIDED FEBRUARY 11, 1963. DUCKWORTH, Chief Justice. A casual reading of the record discloses that three separate equitable actions were brought against two named defendants by three separate and distinct persons, all seemingly having the same […]

221 S.E.2d 45 TAYLOR v. AETNA LIFE INSURANCE COMPANY et al. 30499.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1975. DECIDED NOVEMBER 24, 1975. NICHOLS, Chief Justice. Deborah S. Taylor, the widow of Albert Monty Taylor, individually, as administratrix of his estate, as the next friend and as the guardian of their minor child, filed the present […]

142 S.E.2d 909 HILL v. THE STATE. 22911.Supreme Court of Georgia.ARGUED APRIL 13, 1965. DECIDED MAY 6, 1965. REHEARING DENIED MAY 31, 1965. 1, 2. The defendant’s motion to disqualify jurors on the ground that the trial judge made a prejudicial remark in their presence should have been made by a challenge to the poll […]

492 S.E.2d 214 TIMLEY v. THE STATE. S97A1804.Supreme Court of Georgia. DECIDED NOVEMBER 3, 1997. HUNSTEIN, Justice. Edward Bernard Timley was convicted of felony murder, predicated upon his aggravated assault of Michael Ross, and sentenced to life in prison.[1] Finding no error in the trial court’s denial of Timley’s motion for a new trial, we […]

296 S.E.2d 590 ZANT v. NELSON. 38905.Supreme Court of Georgia. DECIDED OCTOBER 28, 1982. JORDAN, Chief Justice. Nelson was convicted of the murder, aggravated sodomy, and rape of a 6-year-old girl in Chatham Superior Court. He received a death sentence for murder and consecutive life sentence for aggravated sodomy and rape. His convictions and sentence […]

225 S.E.2d 55 JOHNSON et al. v. WALTON et al. 30783.Supreme Court of Georgia.SUBMITTED JANUARY 30, 1976. DECIDED APRIL 20, 1976. JORDAN, Justice. This is an appeal from a jury verdict awarding plaintiff a one-half undivided interest in the estate of Tom Alford pursuant to an alleged parol contract, and a tobacco allotment in compensation […]

205 S.E.2d 419 CUMMINGS v. AULT. 28461.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 […]

407 S.E.2d 760 GRAVITT et al. v. BOARD OF COMMISSIONERS. S91A1244.Supreme Court of Georgia. DECIDED JULY 10, 1991. WELTNER, Justice. This case is controlled by the holding in Columbus, Ga. v. Bd. of Water Commrs., 261 Ga. 219 (403 S.E.2d 791) (1991).[1] Judgment affirmed. All the Justices concur. [1] In that case we cited Hawkins […]

261 S.E.2d 570 GRIFFIN v. CHATHAM COUNTY. 35192.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1979. DECIDED OCTOBER 16, 1979. REHEARING DENIED NOVEMBER 6, 1979. HILL, Justice. We are informed that this is the oldest legal controversy in the history of this state. It involves the housing of prisoners in Savannah, Chatham County, Georgia. Over 150 years […]

98 S.E.2d 559 STIMPSON v. STIMPSON. 19666.Supreme Court of Georgia.SUBMITTED APRIL 9, 1957. DECIDED MAY 13, 1957. HEAD, Justice. 1. Habitual intoxication under our law as a ground for divorce means exactly what it says. Code § 30-102 (9). The testimony that the husband was “drunk” or “under the influence of liquor” on one occasion […]

251 S.E.2d 240 MARTIN v. THE STATE. 33981.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1978. DECIDED NOVEMBER 22, 1978. REHEARING DENIED DECEMBER 19, 1978. MARSHALL, Justice. The appellant was convicted in the Baldwin Superior Court of the murders of Charlotte Roberson and Gerald Martin and sentenced to two consecutive life sentences. His motion for a new […]

138 S.E.2d 314 BROSNAN v. UNDERCOFLER, State Revenue Commissioner. 22659.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1964. DECIDED SEPTEMBER 21, 1964. MOBLEY, Justice. Code Ann. § 2-3704 confers jurisdiction upon this court “in all cases in which the constitutionality of any law of the State of Georgia … is drawn in question.” The question presented in […]

44 S.E.2d 769 LYNN v. LYNN. 15970.Supreme Court of Georgia. OCTOBER 17, 1947. CANDLER, Justice. The court awarded custody of a minor child to its mother for the months of September to May, inclusive, and to its father for the months of June, July, and August. The award to the father was upon the condition […]

560 S.E.2d 14 WADE v. THE STATE. S01A1493.Supreme Court of Georgia. DECIDED: FEBRUARY 25, 2002. SEARS, Presiding Justice. The appellant, Jonathan Wade, appeals from his convictions of malice murder, armed robbery, and forgery stemming from the death of Jorge Barrios.[1] On appeal, Wade contends, among other things, that the trial court erred in ruling against […]

12 S.E.2d 294 HORTMAN et al. v. VISSAGE, administrator. 13353.Supreme Court of Georgia. DECEMBER 4, 1940. REHEARING DENIED DECEMBER 18, 1940. 1. The motion to dismiss the writ of error, for failure to name certain persons as parties defendant in error, is denied. 2. The action was by an administrator to recover land from the […]

49 S.E.2d 657 HEARD v. THE STATE. 16289.Supreme Court of Georgia. SEPTEMBER 14, 1948. WYATT, Justice. Where an accused, who has been convicted under an indictment for burglary, files a motion in arrest of judgment and there after excepts to a judgment overruling the motion, the Court of Appeals and not this court has jurisdiction […]

46 S.E.2d 349 STERNBERG v. STERNBERG. 16077.Supreme Court of Georgia. FEBRUARY 11, 1948. A suit for divorce instituted by a next friend in behalf of a person who was mentally incapacitated at the time of marriage, and whose mental incapacity is alleged to be continuous, permanent, and incurable, cannot be maintained in this State, the […]

249 S.E.2d 43 GUHL et al. v. DAVIS et al. 33609.Supreme Court of Georgia.ARGUED JUNE 13, 1978. DECIDED OCTOBER 4, 1978. REHEARING DENIED OCTOBER 24, 1978. UNDERCOFLER, Presiding Justice. On June 25, 1976, the property owners filed a petition for declaratory relief and a writ of mandamus against the commissioners of DeKalb County and DeKalb […]

488 S.E.2d 74 IN THE MATTER OF JAMES M. FINLEY. S97Y0837, S97Y0838, S97Y1037.Supreme Court of Georgia. DECIDED JUNE 30, 1997. RECONSIDERATION DENIED JULY 24, 1997. PER CURIAM. These disciplinary cases involve three separate proceedings against James M. Finley in which the State Bar brought formal complaints alleging multiple violations of professional standards. The violations include […]

133 S.E.2d 31 DELOACH v. WEATHERS et al. 22190.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1963. DECIDED OCTOBER 10, 1963. Where custody of children is sought based upon an alleged change in conditions materially affecting the welfare of the children, and no such change in conditions is proved, it is not error for the court to […]

690 S.E.2d 171 ADAMS v. THE STATE. No. S09A1998.Supreme Court of Georgia. DECIDED FEBRUARY 8, 2010. BENHAM, Justice. Appellant Larry Adams, Sr., appeals his malice murder conviction for the shooting death of his ex-girlfriend.[1] 1. In a recorded police interview played to the trial jury, appellant admitted that he bought the murder weapon, a .22 […]

91 S.E.2d 341 STATE OF GEORGIA v. BLASINGAME et al. 19165.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1955. DECIDED JANUARY 9, 1956. REHEARING FEBRUARY 16, 1956. Article 7, section 6, paragraph 1 of the Constitution of Georgia (Code, Ann., § 2-5901), authorizing certain contracts between the State, counties, cities and State agencies, and public corporations and […]

248 S.E.2d 657 DAVIDSON et al. v. BRYAN et al. 33762.Supreme Court of Georgia.ARGUED JULY 11, 1978. DECIDED SEPTEMBER 28, 1978. JORDAN, Justice. This appeal is from a judgment denying a permanent injunction and other relief in an election contest. The case was heard on a stipulation of facts. An election was held for the […]

241 S.E.2d 221 GIVINS v. GEORGIA POWER COMPANY. 32987.Supreme Court of Georgia.ARGUED NOVEMBER 22, 1977. DECIDED JANUARY 4, 1978. HALL, Justice. This is an appeal from the grant of an interlocutory injunction which restrained Givins from maintaining junked automobiles and auto parts upon land on which Georgia Power possessed two parallel easements for high power […]

177 S.E.2d 257 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. MURPHY, Administrator, et al. 25916.Supreme Court of Georgia.ARGUED JULY 13, 1970. DECIDED SEPTEMBER 10, 1970. REHEARING DENIED SEPTEMBER 24, 1970. The policy provisions with reference to uninsured motorist coverage which limit it to sums in excess of other insurance are in conflict with the uninsured […]

439 S.E.2d 645 JONES v. THE STATE. S93A1473.Supreme Court of Georgia. DECIDED JANUARY 31, 1994. RECONSIDERATION DENIED FEBRUARY 25, 1994. CLARKE, Chief Justice. John William Jones was convicted of felony murder, cruelty to children, and aggravated battery in the death of his son, Jonathan Jones, and was sentenced to life imprisonment.[1] He appeals Page 836 […]

253 S.E.2d 724 THE STATE v. MAJOR et al. 34298.Supreme Court of Georgia.ARGUED JANUARY 16, 1979. DECIDED MARCH 6, 1979. JORDAN, Justice. The only question presented in this appeal is the constitutionality of Code § 96-602 (Ga. L. 1970, p. 172; Ga. L. 1973, p. 196) which prohibits the “scalping” of tickets to sports events. […]

250 S.E.2d 436 WILLIAMS v. WHITFIELD. 34141.Supreme Court of Georgia.SUBMITTED OCTOBER 13, 1978. DECIDED NOVEMBER 30, 1978. MARSHALL, Justice. The plaintiff brought this suit against the defendant to impress a trust on 26 acres of residential property which the plaintiff had allegedly conveyed to the defendant in trust and which the defendant refused to reconvey […]

41 S.E.2d 300 HUTCHINS et al. v. McDOWELL. 15651.Supreme Court of Georgia. JANUARY 8, 1947. REHEARING DENIED FEBRUARY 7, 1947. 1. Where the location of a dividing line between coterminous landowners was a controlling question in a suit to enjoin the cutting of timber, and where both the plaintiff and the defendants sought to show […]

261 S.E.2d 359 BENTON v. MODERN FINANCE INVESTMENT COMPANY. 35444.Supreme Court of Georgia.ARGUED OCTOBER 9, 1979. DECIDED OCTOBER 25, 1979. JORDAN, Justice. Modern Finance Investment Company, appellee, filed a complaint in the State Court of Fulton County against Catherine Benton, the appellant, on a promissory note in the amount of $73 plus interest and attorney […]

477 S.E.2d 575 THE STATE v. BRANNAN. S96A1635.Supreme Court of Georgia. DECIDED NOVEMBER 12, 1996. SEARS, Justice. In this case, we rule that the trial court unnecessarily found OCGA § 16-6-23 (prohibiting the publication of a rape victim’s name or identity) to be unconstitutional under the First and Fourteenth Amendments to the United States Constitution […]

261 S.E.2d 399 SPRINKLER CONTRACTORS, INC. v. SPRINKLER COMPANY, INC. et al. 35396.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1979. DECIDED NOVEMBER 6, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. ARGUED SEPTEMBER 19, 1979 — DECIDED NOVEMBER 6, 1979. Page 669 Interlocutory injunction. Muscogee Superior Court. Before Judge Land. Grogan, […]

200 S.E.2d 141 MIDDLE GEORGIA REALTY, INC. v. IDS HOMES, INC. (two cases). 27854, 27885.Supreme Court of Georgia.ARGUED MAY 14, 1973. DECIDED SEPTEMBER 6, 1973. REHEARING DENIED SEPTEMBER 19, 1973. 1. The findings of fact and conclusions of law of the special master, which were adopted by the trial court in this quia timet proceeding, […]

570 S.E.2d 333 WHITTEMORE v. WHITTEMORE et al. S02A1467.Supreme Court of Georgia. Decided September 30, 2002 THOMPSON, Justice. Bobbie Jean Mann purchased and built a home on the property in question in 1983. She told her son Ralph and daughter-in-law Glenda that she was gifting the property to them and their son, Steven. In so […]

410 S.E.2d 295 HOLMES v. THE STATE. S91A1519.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1991. BELL, Justice. The appellant, Reginald Holmes, was found guilty of the malice murder of Leslie Kelly and of possession of a knife during the commission of a crime.[1] Holmes appeals, contending that the evidence presented at trial was insufficient to […]

25 S.E.2d 665 KAISER v. KAISER, trustee. 14457.Supreme Court of Georgia. APRIL 13, 1943. REHEARING DENIED MAY 8, 1943. 1. A party must be held bound by a ruling which he invoked and by a judgment in his favor which he procured. (a) Accordingly where a plaintiff by his pleadings presents his case, which is […]

191 S.E.2d 79 RICHARD P. RITA PERSONNEL SERVICES INTERNATIONAL, INC. v. KOT. 27138.Supreme Court of Georgia.ARGUED APRIL 12, 1972. DECIDED JUNE 28, 1972. REHEARING DENIED JULY 12, 1972. GUNTER, Justice. Covenants not to compete have been in the English and American courts for the last 500 years. This appeal involves such a covenant, contained in […]

344 S.E.2d 653 DeKALB COUNTY et al. v. ALBRITTON PROPERTIES et al. 43468.Supreme Court of Georgia. DECIDED JUNE 25, 1986. PER CURIAM. The DeKalb County Board of Commissioners denied the appellees’ application to rezone the Lake Hearn neighborhood from single family residential classification to an office and institutional classification. The DeKalb County Superior Court held […]

236 S.E.2d 346 SMITH et al. v. CLAY et al. 32124.Supreme Court of Georgia.SUBMITTED MARCH 18, 1977. DECIDED MAY 25, 1977. REHEARING DENIED JUNE 21, 1977. UNDERCOFLER, Presiding Justice. W. L. Kilgore originally platted a subdivision in Gwinnett County in 1957. Defendant Clay purchased three lots in the subdivision in 1964 that had originally been […]

627 S.E.2d 17 PITTS v. THE STATE. S05G1156.Supreme Court of Georgia. DECIDED FEBRUARY 27, 2006. SEARS, Chief Justice. We granted certiorari in this case to determine whether the Confrontation Clause of the United States Constitution is violated by the admission, during a criminal trial, of a tape-recording of a 911 emergency telephone call when the […]

71 S.E.2d 618 HAYES v. CITY OF DALTON et al. 17909.Supreme Court of Georgia.ARGUED JUNE 9, 1952. DECIDED JULY 14, 1952. REHEARING DENIED JULY 28, 1952. The court correctly construed the charter amendment of the City of Dalton, and properly denied the prayers of the petition for injunction against the mayor and council and other […]

637 S.E.2d 679 SHEARIN et al. v. WAYNE DAVIS CO., P.C. et al. No. S06A0998.Supreme Court of Georgia. DECIDED NOVEMBER 20, 2006. RECONSIDERATION DENIED DECEMBER 15, 2006. BENHAM, Justice. This appeal involves the laws pursuant to which governmental bodies acquire a roadway by prescription. The unpaved roadway in question is located in Paulding County and […]

282 S.E.2d 322 COOPER et al. v. CITY OF GAINESVILLE. 37755.Supreme Court of Georgia. DECIDED SEPTEMBER 30, 1981. MARSHALL, Justice. The plaintiffs are residents, taxpayers, and property owners in unincorporated Hall County. They filed this complaint in the Hall Superior Court, seeking to have declared invalid and void two annexation ordinances enacted by the City […]

458 S.E.2d 655 IN THE MATTER OF WALTER STEPHEN SCOTT. S95Y1377.Supreme Court of Georgia. DECIDED JULY 14, 1995. PER CURIAM. Three separate formal complaints were filed against Scott, generally alleging that he engaged in conduct in violation of Standards 4 (engaging in professional conduct involving dishonesty, fraud, etc.); 22 and 23 (failing to follow the […]

244 S.E.2d 243 WILLIAMS v. NATIONAL BANK OF GEORGIA. 33292.Supreme Court of Georgia.SUBMITTED MARCH 17, 1978. DECIDED APRIL 5, 1978. PER CURIAM. The appellant has filed a pro se appeal from the grant of a temporary injunction restraining him from going upon the premises of the appellee and harassing its officers and employees. The appellant […]

297 S.E.2d 733 COX BROADCASTING CORPORATION et al. v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. COX BROADCASTING CORPORATION et al. TURNER BROADCASTING SYSTEM, INC. v. COX BROADCASTING CORPORATION et al. 39181, 39182, 39206.Supreme Court of Georgia. DECIDED DECEMBER 6, 1982. BELL, Justice. This case concerns the validity of an order […]

560 S.E.2d 6 KIRKLAND v. STATE. S01G0700.Supreme Court of Georgia. DECIDED: FEBRUARY 11, 2002 THOMPSON, Justice. James Kirkland was charged in a multi-count indictment and convicted by a jury of various crimes committed at several locations throughout metro Atlanta, including burglaries at Home Depot stores, and armed robbery of a Home Depot store manager. Home […]

515 S.E.2d 155 CLARK v. THE STATE STOREY v. THE STATE S99A0532, S99A0533.Supreme Court of Georgia. DECIDED: APRIL 12, 1999 BENHAM, Chief Justice. Appellants were tried together and convicted of malice murder in connection with the death of fifteen-year-old Brian Bowling.[1] Page 7 The State presented evidence that Brian suffered a fatal gunshot wound to […]

272 S.E.2d 320 McDOWELL v. ROBERTS et al. 36743.Supreme Court of Georgia.SUBMITTED OCTOBER 3, 1980. DECIDED OCTOBER 29, 1980. MARSHALL, Justice. This appeal is from the order denying the appellant’s petition for the writ of mandamus, which sought to require the appellee justice of the peace to issue an arrest warrant for two persons who […]

185 S.E.2d 915 KNIGHT v. LOWERY (two cases). 26754, 26756.Supreme Court of Georgia.ARGUED NOVEMBER 8, 1971. DECIDED DECEMBER 2, 1971. REHEARING DENIED DECEMBER 17, 1971. 1. A release, granted by one injured in an automobile accident in favor of the party responsible for the injury, does not also release a physician alleged to have been […]

522 S.E.2d 463 STURKEY v. THE STATE. S99A1173.Supreme Court of Georgia. DECIDED: OCTOBER 18, 1999. FLETCHER, Presiding Justice. Rodney R. Sturkey was convicted of felony murder in connection with the shooting death of Bruce Dillard.[1] Sturkey contends that the Page 573 trial court should have allowed evidence of a threat that Dillard made two weeks […]

365 S.E.2d 421 ANDERSON v. THE STATE. 45202.Supreme Court of Georgia. DECIDED MARCH 10, 1988. MARSHALL, Chief Justice. Richard P. Anderson appeals his conviction of two counts of malice murder and one count of armed robbery, for which he was sentenced to two consecutive terms of life imprisonment and a consecutive 20-years’ imprisonment.[1] We affirm. […]

225 S.E.2d 24 FARMER v. FARMER. 30908.Supreme Court of Georgia.SUBMITTED MARCH 5, 1976. DECIDED APRIL 6, 1976. NICHOLS, Chief Justice. The appellant brought a contempt citation against Henry H. Farmer to enforce an alimony award to Eleanor Farmer, now deceased. The trial court found that the 12 monthly payments provided for in the divorce decree […]

314 S.E.2d 199 MUSCOGEE REALTY DEVELOPMENT CORPORATION et al. v. JEFFERSON COMPANY. 40558.Supreme Court of Georgia. DECIDED APRIL 4, 1984. MARSHALL, Presiding Justice. This case, Muscogee Realty c. Corp. v. Jefferson Co., 168 Ga. App. 673 (310 S.E.2d 245) (1983), is here on certiorari. The question for decision is whether the trial judge abused his […]