Category: Georgia Supreme Court Opinions

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 […]

599 S.E.2d 184 IN THE MATTER OF JEFFREY N. SCHWARTZ. S04Y1642.Supreme Court of Georgia. DECIDED JULY 12, 2004. PER CURIAM. This matter is before the Court on Respondent Jeffrey N. Schwartz’ Petition for Voluntary Discipline filed pursuant to the provisions of State Bar Rule 4-227 (b) (2) prior to the State Bar’s filing of a […]

221 S.E.2d 828 PASS v. RICKETTS. 30308.Supreme Court of Georgia. DECIDED DECEMBER 16, 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 NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE.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 […]

255 S.E.2d 61 BARRETT et al. v. HAL W. LAMB ASSOCIATES, INC. 34634.Supreme Court of Georgia.ARGUED MARCH 13, 1979. DECIDED APRIL 30, 1979. MARSHALL, Justice. The appellee brought this suit against the Cobb County Board of Commissioners to overturn the board’s Page 568 refusal to zone for commercial use 16 acres of a 48-acre tract […]

218 S.E.2d 752 LINGERFELT v. THE STATE. 29764.Supreme Court of Georgia.ARGUED APRIL 14, 1975. DECIDED SEPTEMBER 2, 1975. REHEARING DENIED SEPTEMBER 16, 1975. GUNTER, Justice. This appeal is from a conviction for murder and a life sentence. This is the second appearance of this case in this court. See Lingerfelt v. State, 231 Ga. 354 […]

231 S.E.2d 68 TRIBBLE v. KNIGHT. 31531.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1976. DECIDED DECEMBER 3, 1976. HALL, Justice. This is an appeal from an order of the Superior Court of Telfair County dismissing appellant’s complaint in which she sought to set aside an application for leave to sell year’s support property, the order of […]

110 S.E.2d 645 HINES v. THE STATE. 20568.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1959. DECIDED OCTOBER 14, 1959. 1. The admission in evidence of an opinion by a witness was not subject to the objection that the witness had not qualified as an expert. 2-4. The objections to the court’s charge, as set out in […]

320 S.E.2d 180 DINNAN v. THE STATE. 41147.Supreme Court of Georgia. DECIDED SEPTEMBER 26, 1984. WELTNER, Justice. Dinnan was convicted of using opprobrious words to police officers. No one other than officers at the scene of the disturbance — which became the scene of Dinnan’s arrest — could have been considered as the object of […]

380 S.E.2d 460 SOUTHERN RAILWAY COMPANY v. GOODMAN. 46849.Supreme Court of Georgia. DECIDED JUNE 22, 1989. RECONSIDERATION DENIED JULY 13, 1989. GREGORY, Justice. Appellee Thomas W. Goodman, a Florida resident, sued appellant Southern Railway under 45 U.S.C. § 51 et seq., known as the Federal Employers’ Liability Act (FELA), to recover for personal injuries he […]

238 S.E.2d 44 FOX et al. v. FIRST NATIONAL BANK OF GAINESVILLE et al. 32350.Supreme Court of Georgia.SUBMITTED JUNE 13, 1977. DECIDED SEPTEMBER 7, 1977. NICHOLS, Chief Justice. This is an appeal from a grant of a motion for summary judgment in favor of the defendant, First National Bank of Gainesville. The bank was designated […]

28 S.E.2d 286 PAUL v. LONGINO, superintendent. 14692.Supreme Court of Georgia. NOVEMBER 11, 1943. JENKINS, Presiding Justice. 1. “In view of the express requirement as to formal examination by inspection of a person alleged to be a lunatic, the statute . . prescribing the method of determining” the question of insanity (Code, § 49-604) “does […]

328 S.E.2d 705 DEPARTMENT OF TRANSPORTATION et al. v. BROOKS et al. SHEPHERD CONSTRUCTION COMPANY, INC. et al. v. BROOKS et al. BROOKS et al. v. CITY OF ATLANTA et al. 42126, 42127, 42191.Supreme Court of Georgia. DECIDED APRIL 23, 1985. REHEARING DENIED MAY 9, 1985 AND MAY 10, 1985. PER CURIAM.[1] [1] Marshall, P. […]

201 S.E.2d 150 BARNES v. CONTINENTAL INSURANCE COMPANY. 28086.Supreme Court of Georgia.SUBMITTED JULY 13, 1973. DECIDED OCTOBER 5, 1973. REHEARING DENIED OCTOBER 25, 1973. Service by publication is not authorized in a tort action in which a personal judgment is sought against the tortfeasor. SUBMITTED JULY 13, 1973 — DECIDED OCTOBER 5, 1973 — REHEARING […]

183 S.E.2d 382 REGENCY CONSTRUCTION COMPANY, INC. v. GWINNETT COUNTY et al. 26569.Supreme Court of Georgia.ARGUED JUNE 14, 1971. DECIDED JULY 9, 1971. The grant of the temporary injunction from using the buildings in question other than for single family residences was not an abuse of discretion. ARGUED JUNE 14, 1971 — DECIDED JULY 9, […]

38 S.E.2d 174 LEE v. LEE. 15437.Supreme Court of Georgia. MAY 10, 1946. DUCKWORTH, Justice. 1. While under numerous decisions of this court injunction is not an available remedy to evict a person from actual adverse possession of property and to admit another, thus in effect compelling the performance of an affirmative act and in […]

227 S.E.2d 327 LOFTON v. THE STATE. 31011.Supreme Court of Georgia.SUBMITTED APRIL 5, 1976. DECIDED JUNE 30, 1976. INGRAM, Justice. This court granted its writ of certiorari to review the second division of the Court of Appeals opinion in this case reported in 137 Ga. App. 323 (223 S.E.2d 727) (1976). It was contended by […]

214 S.E.2d 512 HOLCOMB et al. v. GRAY; and vice versa. 29703, 29704.Supreme Court of Georgia.ARGUED MARCH 11, 1975. DECIDED MARCH 18, 1975. INGRAM, Justice. The primary issue in these appeals is whether the trial court erred in granting plaintiff a writ of mandamus which requires defendants to consider plaintiff’s application for a “liquor by […]

452 S.E.2d 94 MILLER v. THE STATE. S94A1436.Supreme Court of Georgia. DECIDED DECEMBER 5, 1994. FLETCHER, Justice. Leon Miller was convicted of the felony murder of James Haynes based upon the underlying felony of aggravated assault against Haynes.[1] Miller was sentenced to life in prison. He appeals and we affirm. In his sole enumeration of […]

388 S.E.2d 524 BOYCE v. BOYCE. S89A0410.Supreme Court of Georgia. DECIDED FEBRUARY 22, 1990. PER CURIAM. We granted an application to appeal to consider whether the trial court erred in dismissing this case under OCGA § 9-10-91 (5). Because the nonresident ex-husband has lived out of state since 1982 and has been in full and […]

51 S.E.2d 847 BONEY v. SMALLWOOD. 16456.Supreme Court of Georgia. FEBRUARY 16, 1949. DUCKWORTH, Chief Justice. The only assignment of error being to a judgment distributing funds brought into court as the proceeds of a life-insurance policy and reciting “after hearing evidence,” and in which, after the direction of payment of a certain sum to […]

508 S.E.2d 173 SMITH v. THE STATE. S98A0672.Supreme Court of Georgia. DECIDED: NOVEMBER 9, 1998. HINES, Justice. Clarence V. Smith appeals his convictions and sentences for malice murder and aggravated assault.[1] For the reasons which follow, we affirm. Smith dated Tomeca Stevenson from 1994 until January of 1996. Two to three months after ending her […]

137 S.E.2d 640 BRYANT v. GRIFFIN, Sheriff. 22507.Supreme Court of Georgia.ARGUED JUNE 8, 1964. DECIDED JULY 9, 1964. The grounds upon which the petitioner seeks to avert the execution of the Governor’s warrant of arrest are insufficient to overcome the presumption that the Governor has complied with the Constitution and laws. ARGUED JUNE 8, 1964 […]

179 S.E.2d 758 BEEBE v. BEEBE. 26269.Supreme Court of Georgia.ARGUED JANUARY 11, 1971. DECIDED JANUARY 29, 1971. Where a divorce decree provides for the husband to pay alimony to the wife until she remarries, the husband is relieved of making further alimony payments when she enters into a ceremonial marriage although such marriage may later […]

397 S.E.2d 285 DRISKELL v. GEORGIA POWER COMPANY. S90A0972.Supreme Court of Georgia. DECIDED OCTOBER 29, 1990. FLETCHER, Justice. This appeal arises from the Superior Court of Fulton County’s dismissal for improper venue of Thomas W. Driskell’s tort action against the Georgia Power Company. Driskell contends that the mandatory venue provisions of OCGA § 46-1-2 (c) […]

36 S.E.2d 145 HERRIN v. BENNETT. 15309.Supreme Court of Georgia. NOVEMBER 16, 1945. 1. The charge of the court that, “No survey shall be received in evidence unless it appears that at least ten days’ notice of the time of commencing such survey was given to the opposite party by the one who offers it […]

31 S.E.2d 602 POPE et al. v. UNITED STATES FIDELITY GUARANTY COMPANY. 14980.Supreme Court of Georgia. OCTOBER 5, 1944. Under the facts of this case, there was a substantial compliance with the Code, § 110-1001, sufficient to prevent the execution in question from becoming dormant. No. 14980. OCTOBER 5, 1944. Levy and claim. Before Judge […]

205 S.E.2d 418 LAVENDER v. HOPPER. 28512.Supreme Court of Georgia. DECIDED JANUARY 28, 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 […]

527 S.E.2d 867 BELLAMY v. THE STATE. S99A1671.Supreme Court of Georgia. DECIDED: MARCH 6, 2000 BENHAM, Chief Justice. Police officers responding to a 911 call stating that a woman had been shot found George Bellamy sitting on the steps with the body of Colleen Nicole Carney, who had suffered a fatal gunshot wound to the […]

331 S.E.2d 547 FANN v. THE STATE. 42243.Supreme Court of Georgia. DECIDED JUNE 28, 1985. MARSHALL, Presiding Justice. Zelma Fann appeals from her conviction of the murder of Ida Mae Jackson and her life sentence.[1] Page 515 1. There was evidence adduced at the trial which authorized the jury to find as follows. The appellant […]

10 S.E.2d 365 BOARD OF PUBLIC EDUCATION AND ORPHANAGE FOR BIBB COUNTY v. STATE BOARD OF EDUCATION et al. No. 13273.Supreme Court of Georgia. JUNE 21, 1940. REHEARING DENIED JULY 13, 19, 1940. 1. If the act approved March 24, 1939, amending the act of February 10, 1937, be treated as a valid law, and […]

101 S.E.2d 706 HARRIS v. HARRIS. 19911.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1957. DECIDED JANUARY 10, 1958. MOBLEY, Justice. While the failure to comply with a judgment of court ordering one to pay alimony as found by a jury is punishable as a contempt (Code §§ 30-204, 24-105; Van Dyke v. Van Dyke, 125 Ga. […]

192 S.E.2d 265 SHELL v. WATTS et al. 27210.Supreme Court of Georgia.ARGUED JULY 10, 1972. DECIDED SEPTEMBER 7, 1972. REHEARING DENIED SEPTEMBER 25, 1972. Where a third-party complaint is brought against two alleged joint tortfeasors, one of whom is a resident of the county in which the original action was brought, the nonresident third-party defendant […]

217 S.E.2d 163 GROOVER v. SIMPSON. 30037.Supreme Court of Georgia.SUBMITTED JUNE 17, 1975. DECIDED JULY 1, 1975. JORDAN, Justice. Appellee mother brought an application for contempt against the appellant father. He appeals from a judgment holding him in contempt for failing to comply with the visitation rights of the appellee. In its final order holding […]

199 S.E.2d 789 HILLIARD v. ATKINSON. 28029.Supreme Court of Georgia.SUBMITTED JUNE 22, 1973. DECIDED SEPTEMBER 5, 1973. The evidence authorized the trial judge’s finding that since the original divorce and custody decree there had been a substantial change which had materially affected the interest and welfare of the minor children. SUBMITTED JUNE 22, 1973 — […]

172 S.E.2d 415 ESTES v. LEDFORD. 25565.Supreme Court of Georgia.SUBMITTED DECEMBER 8, 1969. DECIDED JANUARY 8, 1970. UNDERCOFLER, Justice. R. E. Ledford filed a complaint in the Superior Court of Forsyth County, Georgia, against Dozier Estes. The complaint alleges that the defendant has constructed a fence across a triangular portion of plaintiff’s property and encroached […]

109 S.E.2d 745 PARRAMORE v. WILLIAMS, Receiver, et al. PARRAMORE v. WILLIAMS, Receiver, et al. 20479, 20480.Supreme Court of Georgia.ARGUED MAY 11, 1959. DECIDED JUNE 5, 1959. REHEARING DENIED JULY 8, 1959. 1. No benefit could accrue to the debtor, or his wife, under the assignment in the present cases. 2. A wife is not […]

139 S.E.2d 308 WILLIAMS v. COLONIAL PIPELINE COMPANY. 22622.Supreme Court of Georgia.ARGUED OCTOBER 12, 1964. DECIDED NOVEMBER 5, 1964. Where the question is the value of land, which must be established by opinion evidence, and the evidence is highly conflicting, it is error to say that the exclusion of testimony of a witness on that […]

151 S.E.2d 123 DAVIS v. DAVIS. 23645.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1966. DECIDED OCTOBER 6, 1966. The appeal in the present case must be dismissed because of the failure of the appellant to follow mandatory requirements of the Appellate Practice Act. SUBMITTED SEPTEMBER 12, 1966 — DECIDED OCTOBER 6, 1966. Appellate procedure. Glynn Superior […]

558 S.E.2d 385 SWINDLE v. THE STATE. S01A1484.Supreme Court of Georgia. DECIDED: JANUARY 14, 2002 CARLEY, Justice. A jury found Robert Keith Swindle guilty of the malice murder of Antoinette Evans. He appeals from the judgment of conviction and life sentence entered by the trial court on the jury’s guilty verdict.[1] Page 669 1. Swindle […]

225 S.E.2d 296 GILLESPIE v. THE STATE. 30933.Supreme Court of Georgia.SUBMITTED MARCH 16, 1976. DECIDED APRIL 20, 1976. HALL, Justice. David Wayne Gillespie was convicted, along with two co-defendants, for the murder of Tony Doster and sentenced to life imprisonment. His sole enumeration of error raises the question whether the trial court erred in refusing […]

345 S.E.2d 604 MINCEY v. THE STATE. 43364.Supreme Court of Georgia. DECIDED JULY 16, 1986. WELTNER, Justice. Phillip Lee Mincey was convicted of felony murder by shooting and killing Mary Ann Harris with a shotgun. He was sentenced to life imprisonment.[1] Shortly after returning home from prison, Mincey discovered that his wife, with the aid […]

397 S.E.2d 115 HEAD v. THE STATE. S90A1321.Supreme Court of Georgia. DECIDED OCTOBER 18, 1990. WELTNER, Justice. Earl Head shot and killed Charlie L. Banks with a handgun. He was convicted of murder and sentenced to life imprisonment.[1] 1. Banks, a security guard at a lounge, told Head and a group of others gathered outside […]

602 S.E.2d 591 SHARP v. THE STATE. S04A1194.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. HUNSTEIN, Justice. Jason Sharp was convicted of murder and possession of a firearm arising out of the shooting death of Chhon Prak.[1] He appeals from the trial court’s denial of his motion for new trial. Finding no error, we affirm. […]

236 S.E.2d 647 MAHER v. THE STATE. 32300.Supreme Court of Georgia.ARGUED MAY 11, 1977. DECIDED JUNE 28, 1977. BOWLES, Justice. The appellant, William R. Maher, was indicted for murder in the Superior Court of Monroe County. Following a jury trial, appellant was found guilty and received a life sentence. He appeals to this court, enumerating […]

132 S.E.2d 201 PATTERSON v. PATTERSON. 22078.Supreme Court of Georgia.ARGUED JUNE 10, 1963. DECIDED JULY 3, 1963. REHEARING DENIED JULY 12, 1963. CANDLER, Justice. A judgment dissolving the marriage between Ralph W. Patterson and Gertrude Benjamin Patterson was rendered in the Superior Court of Fulton County of April 13, Page 187 1961, on the former’s […]

391 S.E.2d 402 CONGDON v. THE STATE. S90A0553.Supreme Court of Georgia. DECIDED MAY 17, 1990. WELTNER, Justice. Edwin David Congdon shot and killed Charles David Martin with a handgun. He was indicted for murder, tried and found guilty, and sentenced to life imprisonment.[1] Congdon became friendly with Joan Martin, and she invited him to move […]

381 S.E.2d 30 VAUGHN v. THE STATE. 46381.Supreme Court of Georgia. DECIDED JULY 11, 1989. PER CURIAM. William Glenn Vaughn was found in contempt of an order of Clayton Superior Court and sentenced to ten days in jail, probated on the condition he perform one hundred hours of community service. Vaughn appeals. According to the […]

581 S.E.2d 23 WATKINS v. THE STATE. S03A0034.Supreme Court of Georgia. DECIDED: May 19, 2003 HUNSTEIN, Justice. Joseph Samuel Watkins was convicted of felony murder in the shooting death of Isaac Dawkins. He appeals from the denial of his motion for new trial.[1] Finding no error, we affirm. 1. Viewing the evidence in the light […]

181 S.E.2d 54 HINES et al. v. VILLAGE OF ST. JOSEPH, INC. et al. 26145.Supreme Court of Georgia.ARGUED OCTOBER 13, 1970. DECIDED MARCH 25, 1971. PER CURIAM. The First National Bank of Athens, as administrator cum testamento annexo of the estate of Marie G. Hines, filed its petition for a declaratory judgment seeking a construction […]

626 S.E.2d 116 RILEY v. THE STATE. S05A2063.Supreme Court of Georgia. DECIDED JANUARY 30, 2006. RECONSIDERATION DENIED FEBRUARY 27, 2006. MELTON, Justice. Appellant Christopher Riley, a prison inmate, appeals from the order of the superior court dismissing his pro se notice of appeal as untimely. Because we find that the trial court did not err, […]

242 S.E.2d 73 CITY OF SMYRNA et al. v. PARKS. 33005.Supreme Court of Georgia.SUBMITTED NOVEMBER 18, 1977. DECIDED JANUARY 24, 1978. REHEARING DENIED FEBRUARY 8, 1978. MARSHALL, Justice. The appellee, Parks, was cited by the appellant city for violation of Section 501.10 of the city’s zoning ordinances, which provides as follows: “Within any front yard […]

163 S.E.2d 739 LEVAN v. LEVAN. 24788.Supreme Court of Georgia.SUBMITTED SEPTEMBER 10, 1968. DECIDED SEPTEMBER 24, 1968. FRANKUM, Justice. The instant appeal is from a judgment entered June 12, 1968, overruling the defendant’s (appellant’s) motion to dismiss the plaintiff’s complaint. The record does not contain a certificate of the trial judge that the judgment from […]

39 S.E.2d 402 CURRAN v. THOMPSON, State Revenue Commissioner. 15529.Supreme Court of Georgia. SEPTEMBER 4, 1946. BELL, Chief Justice. It appearing from an agreed statement, submitted by counsel for the parties in this case, that the questions raised have become moot, it is ordered that the writ of error be dismissed. Writ of error dismissed. […]

602 S.E.2d 619 WYMAN v. THE STATE. S04A1079.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. CARLEY, Justice. After a jury trial, Joshua Wyman was found guilty of felony murder during the commission of aggravated assault, two separate counts of aggravated assault, and one count of possession of a firearm during the commission of a felony. […]

211 S.E.2d 776 PATTERSON v. RICKETTS. 29147.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1974. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. Gunter and Ingram, JJ., concur specially. DECIDED NOVEMBER 5, 1974. Habeas Corpus. Butts Superior Court. Before Judge Sosebee. Jerry Patterson, pro se. Arthur […]

227 S.E.2d 27 FAULKNER v. GUHL et al. 30712.Supreme Court of Georgia.SUBMITTED JANUARY 20, 1976. DECIDED JUNE 22, 1976. GUNTER, Justice. This appeal is from a judgment that dismissed Faulkner’s complaint against the Pension Board of DeKalb County. Faulkner was an employee of DeKalb County from September 15, 1969, to November 21, 1974. He applied […]

123 S.E.2d 557 WRIGHT v. WRIGHT. 21460.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1961. DECIDED JANUARY 4, 1962. DUCKWORTH, Chief Justice. Where, as in this case, the petitioner sought a divorce against the defendant, who thereafter personally served her answer and cross-action upon the attorney of record for the petitioner after process issued, and service was […]

177 S.E.2d 248 BLAKEY v. SMITH, Warden. 25988.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1970. DECIDED OCTOBER 8, 1970. UNDERCOFLER, Justice. In 1968 the appellant waived indictment and entered pleas of guilty to five accusations for the crimes of escape, burglary, and auto theft. He received sentences aggregating 12 years. This appeal is from the denial […]

276 S.E.2d 617 THE STATE v. REID. 36953.Supreme Court of Georgia. DECIDED APRIL 9, 1981. HILL, Presiding Justice. On the morning of August 14, 1978, an agent of the U.S. Department of Justice, Drug Enforcement Administration, stood at Gates 41 and 42 at the Atlanta International Airport watching passengers disembark from a commercial flight from […]

235 S.E.2d 9 GOUGH v. GOUGH. 32015.Supreme Court of Georgia.ARGUED FEBRUARY 17, 1977. DECIDED APRIL 7, 1977. REHEARING DENIED APRIL 27, 1977. JORDAN, Justice. This appeal by the wife in a divorce action is from the judgment entered on a jury verdict, and from the denial of her motion to set aside the verdict and […]

218 S.E.2d 68 THOMAS et al. v. BEST MANUFACTURING CORPORATION, DIVISION OF TILLOTSON CORPORATION. 29961.Supreme Court of Georgia.ARGUED JUNE 9, 1975. DECIDED JULY 1, 1975. REHEARING DENIED JULY 15, 1975. UNDERCOFLER, Presiding Justice. This appeal from an order overruling a motion to dismiss and granting of an interlocutory injunction involves restrictive covenants contained in an […]

533 S.E.2d 727 MICHAEL PAUL BRADLEY v. THE STATE. S00A0992.Supreme Court of Georgia. DECIDED: SEPTEMBER 11, 2000. Appeal from Morgan County Superior Court, Trial Judge: Hon. John Lee Parrott, Date of Judgment Appealed: 01-06-00, Notice of Appeal Date: 01-31-00, Lower Ct#:96CC168. Attorneys for Appellant: Kevin Ronald Christopher, for appellant. Attorneys for Appellee: Fredric D. Bright, […]

90 S.E.2d 4 KIRBY et al. v. WOODS et al. 19051.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1955. DECIDED OCTOBER 11, 1955. REHEARING DENIED NOVEMBER 16, 1955. HEAD, 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 […]

151 S.E.2d 925 MITCHELL et al. v. CULPEPPER, Administrator. 23660.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1966. DECIDED OCTOBER 6, 1966. The petition seeking to require an administrator to convey title to the land involved in a sales contract, pursuant to Code Ann. §§ 113-1601 and 113-1602, failed to state a cause of action. ARGUED SEPTEMBER […]

255 S.E.2d 685 FEDERAL NATIONAL MORTGAGE ASSOCIATION et al. v. HANOVER INSURANCE COMPANY. 34390.Supreme Court of Georgia.ARGUED FEBRUARY 20, 1979. DECIDED APRIL 17, 1979. REHEARING DENIED MAY 8, 1979. NICHOLS, Chief Justice. Certiorari was granted to review the decision of the Court of Appeals in Hanover Ins. Co. v. Federal Nat. Mtg. Assn., 147 Ga. […]

566 S.E.2d 659 CITY OF ROSWELL ET AL. v. ELLER MEDIA CO. S02A0250.Supreme Court of Georgia. DECIDED: JULY 11, 2002 HUNSTEIN, Justice. Appellants, the City of Roswell and its mayor, Jere Wood, appeal from the trial court’s order holding them in contempt of its November 18, 1999 injunction directing both the City and the Mayor […]

313 S.E.2d 95 HARDEMAN v. THE STATE. 40430.Supreme Court of Georgia. DECIDED MARCH 14, 1984. HILL, Chief Justice. The defendant was found guilty of the rape and felony murder of Lisa Hart and was sentenced to life imprisonment for the felony murder.[1] The evidence authorized the jury to find that the victim and several friends […]

491 S.E.2d 809 RESSEAU v. BLAND, EXTRX., et al. S97A0570.Supreme Court of Georgia. DECIDED OCTOBER 14, 1997 — RECONSIDERATION DENIED NOVEMBER 14, 1997. HINES, Justice. This is a challenge to the judgment entered on a plaintiffs’ verdict in an action to quiet title to real property in Putnam County. For the reasons which follow, we […]

175 S.E.2d 25 ROGERS v. McDONALD. 25729.Supreme Court of Georgia.ARGUED APRIL 13, 1970. DECIDED MAY 7, 1970. 1. That portion of the Appellate Practice Act (Ga. L. 1965, pp. 18, 21) which authorizes a trial judge to grant extensions of time for filing a transcript of evidence and proceedings is not violative of due process. […]

642 S.E.2d 659 HORNE v. THE STATE. No. S06A1791.Supreme Court of Georgia. DECIDED MARCH 19, 2007. THOMPSON, Justice. Following a jury trial, Derek Horne was convicted of malice murder and various other crimes arising from an armed robbery at a Page 800 Church’s Fried Chicken store, and the fatal shooting of one of its employees.[1] […]

116 S.E.2d 286 MORRIS v. JAMES. 20952.Supreme Court of Georgia.SUBMITTED JULY 11, 1960. DECIDED SEPTEMBER 8, 1960. The court, on motion of the plaintiff having struck the defendant’s exceptions to the examiner’s report in a land-registration proceeding, did not err in entering a final judgment decreeing title to the land involved to be in the […]

596 S.E.2d 120 NEASON v. THE STATE. S04A0381.Supreme Court of Georgia. DECIDED APRIL 27, 2004. THOMPSON, Justice. James Edward Neason was convicted of felony murder, criminal attempt to commit armed robbery, aggravated assault, burglary, and possession of a weapon during the commission of a crime, stemming from the murder of Patricio Ibarra and the assault […]

119 S.E.2d 28 GAINES v. JOHNSON, Executor. 21161.Supreme Court of Georgia.SUBMITTED FEBRUARY 13, 1961. DECIDED MARCH 9, 1961. 1. The petitioner, as a remainderman, can not require a distribution of the estate of the testator, until the termination of the estate of the life tenant. 2. The allegations of the petition are insufficient to show […]

144 S.E.2d 83 BROOKINS v. THE STATE. 22979.Supreme Court of Georgia.SUBMITTED JUNE 14, 1965. DECIDED JULY 8, 1965. REHEARING DENIED JULY 26, 1965. 1. The evidence on the motion to quash the indictment and the challenge to the array of traverse jurors was sufficient to meet and overcome the prima facie case of arbitrary and […]

405 S.E.2d 31 PORTER et al. v. FELKER et al. S91G0273.Supreme Court of Georgia. DECIDED JUNE 20, 1991. RECONSIDERATION DENIED JULY 10, 1991. SMITH, Presiding Justice. When we granted a writ of certiorari to the Court of Appeals in Felker v. Fenlason, 197 Ga. App. 476 (398 S.E.2d 754) (1990), we asked the parties to […]

26 S.E.2d 755 ANDERSON v. THE STATE. 14597.Supreme Court of Georgia. JULY 7, 1943. REHEARING DENIED JULY 19, 1943. 1. In the trial of one charged with murder, it was not error for the judge, after he had stated the issue and given the definition of murder and of malice, to add, “So that, gentlemen […]

248 S.E.2d 640 ANNANDALE AT SUWANEE, INC. v. GWINNETT COUNTY BOARD OF TAX ASSESSORS. 33581.Supreme Court of Georgia.SUBMITTED JUNE 30, 1978. DECIDED SEPTEMBER 27, 1978. HALL, Justice. “Institutions of purely public charity” are exempt from taxation. Code Ann. § 92-201. Appellant Annandale at Suwanee is a nonprofit corporation which has established a home for mentally […]

621 S.E.2d 412 IN THE MATTER OF AUDREY JOHNSON (four cases). S05Y1666, S05Y1667, S05Y1668, S05Y1669.Supreme Court of Georgia. DECIDED OCTOBER 24, 2005. PER CURIAM. These disciplinary matters are before the Court pursuant to four Notices of Discipline filed by the State Bar of Georgia alleging that Audrey Johnson, who was admitted to the State Bar […]

461 S.E.2d 865 CROWDER v. THE STATE. S95A1310.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1995. RECONSIDERATION DENIED OCTOBER 16, 1995. HUNSTEIN, Justice. Donald T. Crowder pled guilty to two counts of murder and was sentenced to life imprisonment in October 1991. No appeal was taken from the conviction. In June 1993, Crowder moved pro se […]

106 S.E.2d 21 UPTON v. STATE HIGHWAY DEPARTMENT et al. 20232.Supreme Court of Georgia.ARGUED OCTOBER 14, 1958. DECIDED NOVEMBER 7, 1958. REHEARING DENIED NOVEMBER 19, 1958. DUCKWORTH, Chief Justice. 1. The plaintiff in error having brought a petition in equity to enjoin a continuing trespass across his property by the State Highway Department, the question […]

467 S.E.2d 558 KEATON v. A.B.C. DRUG COMPANY S95G1911Supreme Court of Georgia. DECIDED MARCH 11, 1996 BENHAM, Chief Justice. This appeal[1] follows the Court of Appeals’ decision reversing the trial court’s denial of A.B.C. Drug Co.’s (“ABC”) motion for judgment notwithstanding the verdict. A.B.C. Drug Co. v. Monroe, 214 Ga. App. 136 (447 S.E.2d 315) […]

254 S.E.2d 367 THE STATE v. BOONE. 34633.Supreme Court of Georgia.ARGUED MARCH 13, 1979. DECIDED APRIL 4, 1979. UNDERCOFLER, Presiding Justice. This appeal by the state challenges dismissal of criminal misdemeanor charges against Boone for leading Page 417 approximately 25 people in a demonstration on state property known as the Georgia World Congress Center. The […]

344 S.E.2d 418 HATCHER v. ALLIED PRODUCTS CORPORATION et al. 43233.Supreme Court of Georgia. DECIDED JUNE 25, 1986. PER CURIAM. This case comes to us upon three questions certified from the United States Court of Appeals for the Eleventh Circuit. Miriam Hatcher filed suit against John Deere Company and Deere Company, maintaining the defendants were […]

216 S.E.2d 586 THE STATE v. YOUNG. 29455.Supreme Court of Georgia.ARGUED JANUARY 17, 1975. DECIDED MAY 20, 1975. REHEARING DENIED JUNE 2, 1975. HALL, Justice. We granted certiorari in this case to determine the extent to which the Fourth Amendment right against unreasonable searches and seizures and the associated exclusionary rule could be invoked by […]

29 S.E.2d 574 WESTBROOK et al. v. COMER et al. 14796.Supreme Court of Georgia. MARCH 8, 1944. 1. If an owner of a tract of land makes a subdivision of the south portion thereof and divides it into lots and an alley running between such sub division and the north portion of the tract, records […]

612 S.E.2d 256 COOPER v. THE STATE. S04A2003.Supreme Court of Georgia. DECIDED MARCH 30, 2005. HINES, Justice. Shermont Monte Cooper appeals his conviction for the malice murder of Kenneth Ellis.[1] For the reasons that follow, we affirm. Page 190 Construed to support the verdict, the evidence showed that Cooper’s mother and Ellis had a romantic, […]

165 S.E.2d 155 BEECHER et al. v. HALL et al. 24933.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1968. DECIDED NOVEMBER 21, 1968. REHEARING DENIED DECEMBER 5, 1968. Where the words of a will have a well settled and definite meaning in the law, and there is nothing in the will to indicate that it was the […]

44 S.E.2d 245 SAVANNAH BEACH, TYBEE ISLAND et al. v. BERGMAN et al. 15931.Supreme Court of Georgia. SEPTEMBER 6, 1947. An amendment to the charter of the Town of Savannah Beach, Tybee Island, which eliminated one class of voters, nonresident property owners, who had formerly been qualified to vote in municipal elections, and changed the […]

578 S.E.2d 438 MAYFIELD v. THE STATE. S02A1678.Supreme Court of Georgia. Decided March 24, 2003 HINES, Justice. Pierre Mayfield appeals his convictions for felony murder, aggravated assault, and burglary in connection with the fatal shooting of Demetrius Holder and the wounding of Stanley Holder. He contends Page 325 that the trial court inappropriately interfered with […]

310 S.E.2d 526 THE STATE v. HENDRIXSON. 40200.Supreme Court of Georgia. DECIDED JANUARY 5, 1984. WELTNER, Justice. Hendrixson was arrested on two occasions for separate sales of cocaine, a controlled substance. She was convicted and sentenced to 15 years imprisonment for the offenses culminating in the first arrest. Thereafter, she was tried and convicted for […]

26 S.E.2d 815 VOLUNTEER STATE LIFE INSURANCE COMPANY v. POWELL-WHITE COMPANY et al. 14593.Supreme Court of Georgia. JULY 8, 1943. 1. Where in an action in the nature of a complaint for land it is necessary, in order for the defendant to establish his claim to the land, that deeds respecting the land in controversy […]

673 S.E.2d 241 SCHRAMM et al. v. LYON et al. (two cases). Nos. S08G1391, S08G1418.Supreme Court of Georgia. DECIDED FEBRUARY 23, 2009. THOMPSON, Justice. In 1982, Betty Lyon had her spleen removed as a result of injuries she received in an automobile accident. In September 2004, Lyon developed overwhelming post-splenectomy infection (OPSI), a condition which […]

242 S.E.2d 100 MOORE v. MOORE. 32962.Supreme Court of Georgia.SUBMITTED NOVEMBER 17, 1977. DECIDED JANUARY 24, 1978. NICHOLS, Chief Justice. This is an appeal by the former husband in a divorce, alimony and child custody case. 1. The first enumeration of error contends the trial court erred in overruling objections and in failing to rebuke […]

458 S.E.2d 826 WAGGAMAN v. FRANKLIN LIFE INSURANCE COMPANY et al. S95A0847.Supreme Court of Georgia. DECIDED JULY 13, 1995. BENHAM, Chief Justice. While married to each other, appellant Michael Waggaman and appellee Mary Frances Langford applied for and received a policy of life insurance issued by appellee Franklin Life Insurance Company (“Franklin”) on the life […]

149 S.E.2d 322 EUBANKS et al. v. DARNELL et al. 23458.Supreme Court of Georgia.SUBMITTED MAY 9, 1966. DECIDED MAY 26, 1966. COOK, Justice. 1. Item 10 of the will of the testator authorized the executor to sell the property involved in the present litigation, if a division could not be made satisfactory to all of […]

613 S.E.2d 614 LANGLEY v. LANGLEY. S05F0565.Supreme Court of Georgia. DECIDED MAY 23, 2005. HINES, Justice. The central issue in this appeal from the final judgment and decree of divorce between the parties and the denial of a motion for new trial is compliance with an antenuptial agreement. For the reasons which follow, we conclude […]

519 S.E.2d 672 LABOVITZ et al. v. HOPKINSON. S98G1141.Supreme Court of Georgia. DECIDED: JULY 13, 1999. BENHAM, Chief Justice. Appellants, an attorney and his former law firm, represented appellee Helen Hopkinson in a divorce proceeding which resulted in the entry of a judgment and decree of divorce on November 4, 1994. On October 30, 1996, […]

227 S.E.2d 258 FULCHER et al. v. EIGHTH STREET LAND COMPANY, INC. et al. 31178.Supreme Court of Georgia.ARGUED JUNE 14, 1976. DECIDED JULY 9, 1976. NICHOLS, Chief Justice. Eighth Street Land Company, Inc. filed suit to recover 13.98 acres of land claimed by the appellants. The property in question was included in a 36.82 acre […]