Category: Georgia Supreme Court Opinions

115 S.E.2d 102 PERRY v. MARYLAND CASUALTY CO. et al. 20877.Supreme Court of Georgia.ARGUED MAY 9, 1960. DECIDED MAY 18, 1960. HAWKINS, Justice. This case, originally filed in the Court of Appeals, was transferred by that court to this court as being one of which this court has jurisdiction. The bill of exceptions assigns error […]

11 S.E.2d 20 RILEY v. INDUSTRIAL LIFE AND HEALTH INSURANCE COMPANY. 13416.Supreme Court of Georgia. SEPTEMBER 27, 1940. REHEARING DENIED OCTOBER 15, 1940. Under the conditions and limitations of the life-insurance policy in question, and the facts as presented, the insurer would not be permitted to contest liability on the ground that at the date […]

538 S.E.2d 742 KENNESTONE HOSPITAL v. HOPSON. S00G0815.Supreme Court of Georgia. DECIDED: NOVEMBER 13, 2000. FLETCHER, Presiding Justice. In response to a request for discovery from a non-party under OCGA § 9-11-34 (c), Kennestone Hospital produced Sherri Hopson’s mental health records to her former husband in their divorce action. Hopson filed a claim alleging that […]

61 S.E.2d 499 W. O. U. F. ATLANTA REALTY CORPORATION v. R. A. C. REALTY COMPANY; et vice versa. 17206, 17210.Supreme Court of Georgia. OCTOBER 11, 1950. HAWKINS, Justice. Reference is made to the decision of this court when this case was here before for a full statement of the material facts. R. A. C. […]

58 S.E.2d 820 BARR et al. v. CITY COUNCIL OF AUGUSTA. 17013.Supreme Court of Georgia. APRIL 10, 1950. HEAD, Justice. 1. The preservation of the public health is a governmental function. Love v. Atlanta, 95 Ga. 129, 133 (22 S.E. 29). The establishment and maintenance of a sewerage system by a municipality is for the […]

25 S.E.2d 307 FRASER v. MARTIN et al. 14470.Supreme Court of Georgia. APRIL 13, 1943. 1. To the general rule that a lesser estate becomes merged in a greater one there is an exception when it appears that it was the intention of the holder of the instruments creating both estates that a merger should […]

284 S.E.2d 397 DUNHAM v. BELINKY. 37894.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1981. MARSHALL, Justice. Where a spouse seeking alimony incurs expenses in employing a private investigator in order to uncover evidence of adultery committed by the other spouse, Code Ann. § 30-201, are these expenses ever recoverable as part of the alimony award? […]

397 S.E.2d 428 BYMES v. THE STATE. S90A0693.Supreme Court of Georgia. DECIDED NOVEMBER 7, 1990. BELL, Justice. Melvin Bymes appeals from his conviction of the malice murder of Kenneth Ray High.[1] His sole enumeration is that the trial court erred by denying a motion to suppress. We affirm.[2] 1. There was evidence that the victim […]

539 S.E.2d 816 TESSMER v. THE STATE. S00A1397.Supreme Court of Georgia. DECIDED: NOVEMBER 30, 2000. THOMPSON, Justice. Ethel Elizabeth Tessmer was convicted of felony murder, predicated on the underlying felony of aggravated assault, in connection with the shooting death of her husband, David Newton. This appeal follows the denial of her motion for a new […]

85 S.E.2d 36 ORY v. TATE. 18771.Supreme Court of Georgia.SUBMITTED OCTOBER 13, 1954. DECIDED NOVEMBER 8, 1954. REHEARING DENIED DECEMBER 2, 1954. 1. Brick and roofing material remaining after a fire, which were a part of a kiln and lumber sheds erected and used by the tenant in carrying on a lumber-yard business, are held […]

119 S.E.2d 344 WILLIAMSON v. FLOYD COUNTY WILDLIFE ASSOCIATION, INC., et al. 21202.Supreme Court of Georgia.ARGUED MARCH 14, 1961. DECIDED APRIL 6, 1961. DUCKWORTH, Chief Justice. This is an ejectment case, in which the defendant in ejectment alleges that an absolute deed, executed by him to the predecessor in title of the plaintiff, was in […]

400 S.E.2d 922 PONDER v. THE STATE. S90G0702.Supreme Court of Georgia. DECIDED FEBRUARY 26, 1991. BENHAM, Justice. Appellant did not directly appeal his conviction for several offenses committed while in prison, but was granted an out-of-time appeal in a habeas corpus proceeding. Counsel appointed to represent appellant on appeal filed a notice of appeal and […]

84 S.E.2d 360 PLOCAR . FOSTER, Sheriff. 18689.Supreme Court of Georgia.SUBMITTED SEPTEMBER 17, 1954. DECIDED OCTOBER 11, 1954. REHEARING DENIED NOVEMBER 10, 1954. ALMAND, Justice. John Plocar, in a petition for the writ of habeas corpus, sought his release from A. B. Foster, Sheriff of Fulton County. He alleged that his restraint was illegal, in […]

303 S.E.2d 437 WALLER et al. v. THE STATE. 39385.Supreme Court of Georgia. DECIDED JUNE 1, 1983. REHEARING DENIED JUNE 28, 1983. CLARKE, Justice. Appellants and others were indicted and charged with violation of the Georgia Racketeer Influenced and Corrupt Organizations Act (OCGA § 16-14-1 et seq. (Code Ann. § 26-3401 et seq.)) and convicted […]

481 S.E.2d 814 SPEARMAN v. THE STATE. S96A1913.Supreme Court of Georgia. DECIDED MARCH 10, 1997. HINES, Justice. Robert L. Spearman was convicted of malice murder and possession of a firearm during the commission of aggravated assault in connection with the fatal shooting of William Summerlin. We affirm Spearman’s convictions.[1] The evidence, viewed in favor of […]

183 S.E.2d 755 LEACH et al. v. GEORGIA POWER COMPANY. 26601.Supreme Court of Georgia.ARGUED JULY 12, 1971. DECIDED SEPTEMBER 8, 1971. 1. The trial court’s denial of a petition for mandamus absolute is a final judgment subject to review by this court. This gives the court jurisdiction to review, in addition to that denial, the […]

467 S.E.2d 578 WRIGHTSON v. WRIGHTSON S95A1805Supreme Court of Georgia. DECIDED MARCH 15, 1996 RECONSIDERATION DENIED MARCH 28, 1996. BENHAM, Chief Justice. The final judgment and decree of divorce which dissolved the marriage of appellant Jeannie Wrightson and appellee Michael Wrightson awarded permanent custody of the couple’s daughter to appellee/father. In the course of the […]

74 S.E.2d 665 RINZLER et al. v. HUNTER. 18049.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1953. DECIDED FEBRUARY 9, 1953. REHEARING DENIED FEBRUARY 25, 1953. ALMAND, Justice. The exception here is to an order granting an interlocutory injunction, on the petition of Mrs. Betty W. Hunter, as the owner of an improved lot of real estate, […]

63 S.E.2d 887 ELIZABETH E. ENNIS, by guardian, v. H. J. ENNIS et al. H. J. ENNIS et al. v. LUTHER D. ENNIS et al. 17339, 17363.Supreme Court of Georgia.FEBRUARY 13, 1951. REHEARING DENIED MARCH 14, 1951. 1. For reasons stated in the corresponding division of the opinion, the motions to dismiss the writs of […]

449 S.E.2d 118 HAMIL v. STANFORD et al. (two cases) S94A1083, S94A1084.Supreme Court of Georgia. DECIDED NOVEMBER 7, 1994. RECONSIDERATION DENIED DECEMBER 20, 1994. BENHAM, Presiding Justice. Appellant Petrelia Hamil filed suit seeking to set aside a conveyance of real property from her former husband, appellee Loue Hamil, to appellees Fay and R. L. Stanford. […]

345 S.E.2d 340 SHORT v. THE STATE. 43134.Supreme Court of Georgia. DECIDED JULY 16, 1986. SMITH, Justice. The appellant, Hazel Louise Short, was indicted in Rockdale County along with her daughter, Tina Louise Short; her nephew, Nickie Lynn Ford; and Tina’s boyfriend, Donald Glen Everett, for the kidnapping with bodily injury of Catherine Tucker Whitehead. […]

534 S.E.2d 76 MICHELLE LEE AYERS v. THE STATE. S00A0878.Supreme Court of Georgia. DECIDED: SEPTEMBER 11, 2000. Appeal from Chatham County Superior Court, Trial Judge: Hon. John E. Morse, Jr., Date of Judgment Appealed: 10-15-99, Notice of Appeal Date: 12-14-99, Date of Docketing: 02-14-00, Lower Ct#:CR981868MO Attorneys for Appellant: Emory B. Bazemore. Attorneys for Appellee: […]

576 S.E.2d 873 HOGAN et al. v. NAGEL S02A1797.Supreme Court of Georgia. Decided February 10, 2003 BENHAM, Justice. The Superior Court of Dekalb County issued a writ of release in response to the petition for writ of habeas corpus filed by appellee David Nagel, who has been in the custody of the Department of Human […]

366 S.E.2d 287 BENNETT v. BOARD OF TRUSTEES OF THE EMPLOYEES’ RETIREMENT SYSTEM OF THE STATE OF GEORGIA et al. 45394.Supreme Court of Georgia. DECIDED APRIL 7, 1988. RECONSIDERATION DENIED APRIL 27, 1988. GREGORY, Justice. The following facts are taken from a stipulation entered into by the parties in this case and made a part […]

160 S.E.2d 805 ADAMS et al. v. COWART et al. 24533.Supreme Court of Georgia.ARGUED MARCH 12, 1968. DECIDED APRIL 4, 1968. 1. There is no merit in the contention that the Comprehensive Zoning Ordinance of the City of Augusta and unincorporated areas of Richmond County, Georgia, was never properly adopted by the Board of Commissioners […]

77 S.E.2d 436 CITY OF BRUNSWICK et al. v. LEVINE. 18270.Supreme Court of Georgia.ARGUED JULY 13, 1953. DECIDED SEPTEMBER 16, 1953. CANDLER, Justice. This litigation was instituted by Sam Levine against the City of Brunswick and its plumbing inspector. Insofar as it need be shown, the petition as twice amended alleges: For the past several […]

565 S.E.2d 465 TALBOT COUNTY BOARD OF COMMISSIONERS et al. v. WOODALL et al. GEORGIA CUSHION AND WRAPPER COMPANY v. WOODALL et al. S02A0092, S02A0093.Supreme Court of Georgia. DECIDED: JUNE 24, 2002. FLETCHER, Chief Justice. Marshall C. Woodall, Dela H. Woodall, and James W. Woodall brought a declaratory judgment action to establish that Talbot County […]

132 S.E.2d 195 DALON v. DALON. 22080.Supreme Court of Georgia.ARGUED JUNE 10, 1963. DECIDED JULY 3, 1963. A child is not an indispensable party to proceedings for modification of a divorce decree awarding permanent alimony for the support of the former wife and the said child. Thus, it was error to dismiss the husband’s petition […]

82 S.E.2d 130 CITY OF ATLANTA v. SIMS. 18560.Supreme Court of Georgia.SUBMITTED APRIL 14, 1954. DECIDED MAY 12, 1954. HAWKINS, Justice. Lowry A. Sims brought his petition against the City of Atlanta, wherein he sought to enjoin the city from proceeding to condemn certain property of the plaintiff for right-of-way of the North-South Expressway, and […]

214 S.E.2d 902 SIMS v. THE STATE. 29675.Supreme Court of Georgia.SUBMITTED FEBRUARY 24, 1975. DECIDED APRIL 17, 1975. PER CURIAM. Sims was convicted by a jury of murder and robbery, and appeals. The state’s evidence tended to show that Sims deliberately unbuckled or unsnapped the strap securing the revolver of a security guard standing at […]

173 S.E.2d 219 MAR-PAK MICHIGAN, INC. v. POINTER et al. 25612.Supreme Court of Georgia.ARGUED JANUARY 14, 1970. DECIDED FEBRUARY 5, 1970. REHEARING DENIED FEBRUARY 19, 1970. UNDERCOFLER, Justice. The appellee moved to dismiss this appeal because the appellant is not a party to the case. The record shows that the appellant filed a motion to […]

20 S.E.2d 594 LUNSFORD et al. v. ARMOUR. 14153.Supreme Court of Georgia. MAY 26, 1942. DUCKWORTH, Justice. 1. If the relationship may be considered as confidential, the rule stated in Trustees of Jesse Parker Williams Hospital v. Nisbet, 191 Ga. 821 (6) (14 S.E.2d 64), as to the presumption of undue influence can not be […]

5 S.E.2d 431 HOGG et al. v. HOUSING AUTHORITY OF THE CITY OF ROME. 13025.Supreme Court of Georgia. OCTOBER 27, 1939. JENKINS, Justice. 1. As to the only two essential questions raised in this petition for injunction by “residents, citizens, and taxpayers of the City of Rome, State of Georgia, and of the United States,” […]

216 S.E.2d 305 WATSON v. HOPPER. 29885.Supreme Court of Georgia.SUBMITTED APRIL 24, 1975. DECIDED MAY 13, 1975. NICHOLS, Chief Justice. In September, 1970, James Watson was convicted of rape and is presently serving a life sentence. On direct appeal such conviction was affirmed. See Watson v. State, 227 Ga. 698 (182 S.E.2d 446). Thereafter, the […]

330 S.E.2d 711 NATIONAL TEEN-AGER COMPANY v. SCARBOROUGH. 41638.Supreme Court of Georgia. DECIDED JUNE 19, 1985. BELL, Justice. This appeal concerns the validity of certain restrictive covenants in a franchise contract between appellant-defendant National Teen-Ager Company (hereinafter referred to as “National”) and appellees-plaintiffs Mary Jo and George Scarborough. National is a Georgia corporation headquartered in […]

663 S.E.2d 704 TERRY v. THE STATE. No. S08A0388.Supreme Court of Georgia. DECIDED July 7, 2008. HINES, Justice. Dominic Sebastian Terry appeals his conviction for the malice murder of Jason D. Greenidge. For the reasons that follow, we affirm.[1] Construed to support the verdicts, the evidence showed that in the early morning hours of April […]

636 S.E.2d 546 PRICE v. PRICE. No. S06A1721.Supreme Court of Georgia. DECIDED OCTOBER 16, 2006. THOMPSON, Justice. Fronice Price filed a petition to probate the will of her deceased husband, Grady Price. The will was a joint will, mutually executed by Page 127 Grady and Fronice on January 12, 1980. The deceased’s son, David Price, […]

548 S.E.2d 326 PURVIS v. THE STATE. S01A0301.Supreme Court of Georgia. DECIDED: JUNE 11, 2001. SEARS, Justice. The appellant, Ronnie Purvis, appeals from his convictions for the felony murder of Anthony Bailey, for the aggravated assault of Patricia Ross, and for attempted armed robbery.[1] On appeal, Purvis contends that the evidence is insufficient to support […]

137 S.E.2d 654 RADCLIFF v. THE STATE. 22544.Supreme Court of Georgia.ARGUED JUNE 9, 1964. DECIDED JULY 9, 1964. 1. The evidence supported the verdict finding the defendant guilty of murder, and therefore the general grounds of his motion for new trial were properly overruled. 2. Under the evidence, the remarks of the solicitor general complained […]

102 S.E.2d 44 ROYAL et al. v. ROYAL POULTRY CO., INC., et al. 19959.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1958. DECIDED FEBRUARY 7, 1958. DUCKWORTH, Chief Justice. At the interlocutory hearing on an application for injunction to prevent alleged violations of Code § 37-712, the evidence was in conflict as to the intention to deceive […]

310 S.E.2d 516 THE STATE v. BALL. 40278.Supreme Court of Georgia. DECIDED JANUARY 4, 1984. HILL, Chief Justice. This case is before this court on certiorari. Ball v. State, 167 Ga. App. 546 (306 S.E.2d 353) (1983). The certiorari question is whether the verdicts of “not guilty by reason of insanity at the time of […]

218 S.E.2d 747 MITCHELL v. MITCHELL. 30204.Supreme Court of Georgia.SUBMITTED AUGUST 8, 1975. DECIDED SEPTEMBER 11, 1975. NICHOLS, Chief Justice. Willis Michael Mitchell appeals from a judgment dismissing his action for modification of an alimony judgment. On the hearing of the motion to dismiss the original divorce decree was considered, although it was Page 102 […]

13 S.E.2d 798 SHAFER v. THE STATE. 13480.Supreme Court of Georgia. MARCH 15, 1941. BELL, Justice. 1. Although the killing occurred in December, 1939, the evidence relating to a threat made by the defendant in 1936, as set forth in the motion for a new trial, was not inadmissible on the ground of remoteness; nor […]

479 S.E.2d 715 CASEY v. THE STATE. S96A1400.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. BENHAM, Chief Justice. Willie Herbert Casey, Jr., appeals his convictions of malice and Page 434 felony murder.[1] The evidence adduced at trial indicated that Casey was involved in a scuffle with the victim beside a road which was illuminated by […]

271 S.E.2d 187 SEASE et al. v. SINGLETON et al. 36163.Supreme Court of Georgia.SUBMITTED APRIL 25, 1980. DECIDED SEPTEMBER 8, 1980. BOWLES, Justice. The history of this case is complex. Plaintiffs claimed to be the sole owners of a 77.769 acre tract of land in Liberty County. In order to clear title to the land, […]

94 S.E.2d 381 HARRIS v. EAGLE-BRIDGES CO., INC., et al. 19429.Supreme Court of Georgia.ARGUED JULY 10, 1956. DECIDED SEPTEMBER 7, 1956. It was not error to sustain the general demurrers and dismiss the petition. ARGUED JULY 10, 1956 — DECIDED SEPTEMBER 7, 1956. Injunction, etc. Before Judge Guess. DeKalb Superior Court. April 25, 1956. James […]

619 S.E.2d 626 MORELAND v. THE STATE. S05A1301.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 2005. HUNSTEIN, Presiding Justice. Ladell Moreland appeals from his convictions for felony murder and aggravated assault.[1] Finding no error, we affirm. 1. The jury was authorized to find that the victim, Andrew Green, parked his Chevrolet Impala at a gas station […]

7 S.E.2d 278 ALFORD v. ALFORD. 13135.Supreme Court of Georgia. FEBRUARY 14, 1940. 1. The testimony of the husband to the effect that his wife’s conduct during the time he lived with her was persistently quarrelsome and nagging, and that she accosted him on a public square, and in the presence of others falsely accused […]

214 S.E.2d 544 JONES v. THE STATE. 29586.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1975. DECIDED APRIL 8, 1975. HILL, Justice. The appellant Robert Lee Jones was indicted by the grand jury for the murder of Jack Bell, tried before a jury in the Superior Court of Fulton County, convicted and sentenced to life imprisonment on […]

286 S.E.2d 433 LANG v. BAKER. 38394.Supreme Court of Georgia. DECIDED JANUARY 27, 1982. REHEARING DENIED FEBRUARY 3, 1982. PER CURIAM. This case is before the court on application for an expedited appeal from an order denying a petition for habeas corpus. After petitioner was arrested, he filed a pretrial petition for habeas corpus, verified […]

266 S.E.2d 497 MILLER v. GOWDER. 36041.Supreme Court of Georgia.SUBMITTED MARCH 14, 1980. DECIDED APRIL 23, 1980. Judgment affirmed without opinion under Rule 59. All the Justices concur. SUBMITTED MARCH 14, 1980 — DECIDED APRIL 23, 1980. Contempt, etc. Hall Superior Court. Before Judge Palmour. John N. Crudup, for appellant. William M. House, for appellee.

204 S.E.2d 168 BARNETT v. BARNETT. 28584.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1974. DECIDED MARCH 7, 1974. INGRAM, Justice. This is an appeal by a wife from an award of temporary alimony entered in DeKalb Superior Court. Primarily, appellant urges that the trial court abused its discretion by making an inadequate award to her and […]

537 S.E.2d 659 FOSTER v. STATE. S00A1853.Supreme Court of Georgia. DECIDED: OCTOBER 23, 2000 HUNSTEIN, Justice. Clay Foster appeals his conviction for malice murder. For the reasons which follow, we affirm.[1] 1. The evidence at trial demonstrates that the victim, Tammy Foster, was murdered in her home on September 4, 1996. She had been struck […]

522 S.E.2d 652 IN THE MATTER OF ROBERT E. LOWE (three cases). S99Y1624, S99Y1625, S99Y1627.Supreme Court of Georgia. DECIDED: OCTOBER 18, 1999 PER CURIAM. The State Bar filed three Notices of Discipline against Respondent Robert E. Lowe alleging violations of seven standards of Bar Rule 4-102(d). Although Lowe acknowledged service, he did not file any […]

277 S.E.2d 915 SYKES v. SYKES. 37330.Supreme Court of Georgia. DECIDED JUNE 2, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED JUNE 2, 1981. Set aside year’s support judgment. Lowndes Superior Court. Before Judge Elliott. Douglass Young, Ronald W. Young, for appellant. Bennett, Wisenbaker, Bennett Chapman, Reginald C. Wisenbaker, […]

206 S.E.2d 461 STRONG v. THE STATE. 28786.Supreme Court of Georgia.SUBMITTED APRIL 5, 1974. DECIDED MAY 21, 1974. INGRAM, Justice. This appeal arises from the trial, conviction and sentencing of the appellant in the Superior Court of Forsyth County for the offenses of felony murder and armed robbery. Appellant received a sentence of life imprisonment […]

183 S.E.2d 383 KOKOTIS v. LIGHTSEY et al. 26575.Supreme Court of Georgia.SUBMITTED JUNE 14, 1971. DECIDED JULY 9, 1971. HAWES, Justice. The judgment appealed from in this case, the same being one denying a motion for partial summary judgment was entered on January 26, 1971. A certificate of immediate review was signed by the trial […]

127 S.E.2d 359 WEST et al. v. DOWNER, Executor, et al. 21667.Supreme Court of Georgia.ARGUED JUNE 11, 1962. DECIDED SEPTEMBER 6, 1962. Where, as in the instant case, the petition fails to show the plaintiffs are entitled to any of the relief prayed, the trial judge properly sustained a general demurrer. ARGUED JUNE 11, 1962 […]

658 S.E.2d 599 PETTY v. THE STATE. No. S07A1438.Supreme Court of Georgia. DECIDED MARCH 10, 2008. HUNSTEIN, Presiding Justice. Appellant Kareem Petty was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the shooting death of Gloria Peloquin. The trial court denied Petty’s motion […]

681 S.E.2d 161 SMITH v. THE STATE. No. S09A0224.Supreme Court of Georgia. DECIDED JUNE 29, 2009. RECONSIDERATION DENIED AUGUST 11, 2009. MELTON, Justice. Following a bench trial, Ronald Dale Smith appeals his conviction for first degree homicide by vehicle, contending that the evidence was insufficient to support the conviction and that the homicide by vehicle […]

637 S.E.2d 198 ALDWORTH COMPANY, INC. v. ENGLAND et al; KEYSTONE FREIGHT CORPORATION v. ENGLAND et al. Nos. S06G0310, S06G0439.Supreme Court of Georgia. DECIDED OCTOBER 30, 2006. SEARS, Chief Justice. We granted certiorari in these cases to consider whether a party waives her right to contest the sufficiency of the evidence on appeal by failing […]

596 S.E.2d 112 SMITH v. WILLIAMS. S04A0289.Supreme Court of Georgia. DECIDED APRIL 27, 2004. FLETCHER, Chief Justice. Dexter Smith filed a habeas petition seeking to withdraw a 1998 guilty plea, which he contends was given after he received ineffective assistance of counsel. The petition was denied, and we granted Smith’s application for a certificate of […]

140 S.E.2d 886 COLLEY et al. v. HOUSING AUTHORITY OF THE CITY OF COLLEGE PARK et al. 22714.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1964. DECIDED JANUARY 7, 1965. HEAD, Presiding Justice. This case is controlled by the rulings made in Howard v. Housing Authority of the City of College Park, 220 Ga. 640 (140 S.E.2d […]

15 S.E.2d 605 MUCKLE v. ALDREDGE, sheriff. 13733.Supreme Court of Georgia. JUNE 16, 1941. ATKINSON, Presiding Justice. The instant application for the writ of habeas corpus is dependent on the validity of an order passed by the Governor on July 2, 1940, purporting to reinstate a conditional pardon granted on November 8, 1939, and to […]

683 S.E.2d 595 IN THE MATTER OF SCOTT ALAN SIEGELMAN. No. S09Z0491.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. PER CURIAM. Petitioner Scott Alan Siegelman was allowed to voluntarily surrender his license to practice law in December 1989. In the Matter of Siegelman, 259 Ga. 647 (386 SE2d 162) (1989). In his Petition for Voluntary […]

479 S.E.2d 744 IN THE MATTER OF ALBERT E. GUSTAFSON. S96Y1530.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. PER CURIAM: The State Bar properly served respondent Albert E. Gustafson with a Notice of Discipline seeking disbarment and alleging Gustafson violated Standards 67 (disbarment in another state is grounds for disbarment in Georgia) and Standard 68 […]

87 S.E.2d 181 COX v. COX. 18899.Supreme Court of Georgia.ARGUED MARCH 15, 1955. DECIDED APRIL 11, 1955. WYATT, Presiding Justice. Where, as in this case, the plaintiff in error was served with a rule nisi in a contempt proceeding growing out of an alleged failure to pay temporary alimony at a time when he was […]

425 S.E.2d 876 GEORGIA DEPARTMENT OF AGRICULTURE v. GEORGIA CROWN DISTRIBUTING COMPANY et al. S93A0178.Supreme Court of Georgia. DECIDED FEBRUARY 18, 1993. FLETCHER, Justice. The State Department of Agriculture appeals from the grant of an interlocutory injunction enjoining the state from interfering with the marketing and advertising of Poland Spring Corporation’s bottled spring water. We […]

143 S.E.2d 184 HOLCOMB v. GARCIA et al. 22953.Supreme Court of Georgia.ARGUED MAY 10, 1965. DECIDED JUNE 17, 1965. The petition did not state a cause of action against the demurrant, and it was error to overrule her general demurrer. ARGUED MAY 10, 1965 — DECIDED JUNE 17, 1965. Equitable petition. Douglas Superior Court. Before […]

60 S.E.2d 334 FOSTER v. ADCOCK. 17158.Supreme Court of Georgia. JULY 12, 1950. 1. The petition to cancel a year’s support and a deed based thereon as a cloud upon title, showing that the parties claimed under a common grantor, was not subject to demurrer as contended because the petition and the abstract attached thereto […]

185 S.E.2d 72 GILL et al. v. MYRICK. 26703.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1971. DECIDED OCTOBER 18, 1971. REHEARING DENIED NOVEMBER 5, 1971. 1. The trial court properly denied the motion of the appellants to dismiss the complaint. 2. It was correct to order all defendants to set forth their rights to the property […]

229 S.E.2d 753 MARIETTA YAMAHA, INC. et al. v. THOMAS; and vice versa. 31533, 31534.Supreme Court of Georgia.ARGUED SEPTEMBER 22, 1976. DECIDED OCTOBER 19, 1976. REHEARING DENIED NOVEMBER 2, 1976 IN CASE NO. 31534. NICHOLS, Chief Justice. Dunwoody and Thomas each owned 50 percent of the stock in Marietta Yamaha, Inc. There was a disagreement […]

116 S.E.2d 547 WIMIS v. THE STATE. 21015.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1960. DECIDED OCTOBER 6, 1960. The verdict was authorized by the evidence, and no error is shown in the denial of the motion for new trial as amended. SUBMITTED SEPTEMBER 15, 1960 — DECIDED OCTOBER 6, 1960. Murder. Fulton Superior Court. Before […]

21 S.E.2d 424 CITY OF ATLANTA v. SCREWS et al. 14162.Supreme Court of Georgia. JULY 14, 1942. The rule that in equity counsel fees may be awarded out of a common fund brought into court for distribution and administration does not apply and will not be extended to a case where a person proceeding as […]

108 S.E.2d 870 NEWMAN et al. v. SESSIONS et al. 20436.Supreme Court of Georgia.SUBMITTED APRIL 14, 1959. DECIDED MAY 8, 1959. Since the petition sets out a cause of action for some of the relief sought, it was error to sustain the general demurrer to the petition. SUBMITTED APRIL 14, 1959 — DECIDED MAY 8, […]

59 S.E.2d 368 REID et al. v. HEMPHILL, executrix. 17074.Supreme Court of Georgia. MAY 8, 1950. WYATT, Justice. 1. This case is controlled by the rulings made in Brantley Products Co. v. Hemphill, ante. Transferred to the Court of Appeals. All the Justices concur. No. 17074. MAY 8, 1950. Equitable petition. Before Judge Shaw. Fulton […]

263 S.E.2d 123 PULLIAM v. BALKCOM. 35540.Supreme Court of Georgia.ARGUED NOVEMBER 19, 1979. DECIDED JANUARY 3, 1980. REHEARING DENIED JANUARY 24, 1980. MARSHALL, Justice. The appellant was convicted in the Troup Superior Court of the murder and armed robbery of James L. Johnson, a taxicab driver. From the evidence introduced at trial, it was established […]

106 S.E.2d 787 KELLAR et al. v. EDWARDS. 20272.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1958. DECIDED JANUARY 12, 1959. WYATT, Presiding Justice. Catherine Kellar Edwards brought her petition in the Court of Ordinary of Pickens County, seeking to probate in solemn form the will of George W. Kellar. To this petition, Frank K. Kellar, Bonnie […]

175 S.E.2d 900 JOSEY v. LEDBETTER. 25839.Supreme Court of Georgia.ARGUED JUNE 9, 1970. DECIDED JULY 9, 1970. NICHOLS, Justice. Louis B. Josey filed a petition in the nature of a habeas corpus petition seeking the custody of his son from his former wife. She had been granted custody of the child in a divorce action […]

184 S.E.2d 586 FAUCETTE v. FAUCETTE. 26743.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1971. DECIDED OCTOBER 12, 1971. NICHOLS, Justice. Mrs. Carolyn L. Faucette filed an application for contempt against her former husband for failure to pay alimony. He then filed an application seeking to have her held in contempt of court for failure to permit […]

360 S.E.2d 719 HAMBRICK v. THE STATE. 44632.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1987. HUNT, Justice. In Hambrick v. State, 256 Ga. 141, 144 (5) (344 S.E.2d 639) (1986), we remanded this case to the trial court for a hearing and appropriate findings concerning defendant’s claim of ineffective assistance of counsel. The defendant now […]

236 S.E.2d 617 GALER v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM et al. 32298.Supreme Court of Georgia.ARGUED MAY 11, 1977. DECIDED JUNE 20, 1977. INGRAM, Justice. This appeal is from a declaratory judgment of the Fulton Superior Court which held Code Ann. § 26-2309 (Rev. 1972) to be constitutional. This Code section is the […]

274 S.E.2d 339 GODFREY v. THE STATE. 34256.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1980. REHEARING DENIED SEPTEMBER 23, 1980. UNDERCOFLER, Chief Justice. The death sentence in the above case was reversed by the Supreme Court of the United States. Godfrey v. Georgia, 446 U.S. — (100 S.C. 1759, 64 L.Ed.2d 398) (1980). Accordingly, this […]

177 S.E.2d 240 FETT v. DANIEL. 25949.Supreme Court of Georgia.ARGUED JULY 14, 1970. DECIDED OCTOBER 8, 1970. HAWES, Justice. The appeal in this case was originally transmitted to the Court of Appeals and by that court transferred to this court because one of the grounds of enumerated error related to the refusal of the court […]

19 S.E.2d 267 TAYLOR v. THE STATE. 13498.Supreme Court of Georgia. MARCH 9, 1942. ATKINSON, Presiding Justice. The Supreme Court of the United States having reversed the decision and judgment of this court (Taylor v. State, 191 Ga. 682, 13 S.E.2d 647), affirming the judgment of the trial court, it is hereby ordered that such […]

12 S.E.2d 881 KELLY v. HALL et al. 13555.Supreme Court of Georgia. JANUARY 15, 1941. 1. The decision by the Court of Appeals (61 Ga. App. 694) is the law of this case, unless the statute on which it was based (Ga. L. 1939, p. 343) be unconstitutional. 2. Until judgment a plaintiff has no […]

376 S.E.2d 687 COX BROADCASTING CORPORATION v. DEPARTMENT OF TRANSPORTATION. 46293.Supreme Court of Georgia. DECIDED JANUARY 19, 1989. MARSHALL, Chief Justice. The Court of Appeals upheld appellee DOT’s declaration of taking of land underneath some supporting guywires of WSB’s transmission tower, for the construction of the proposed “Presidential Parkway.” Cox Communications v. Dept. of Transp., […]

476 S.E.2d 585 WEEMS v. THE STATE. S96A1245.Supreme Court of Georgia. DECIDED OCTOBER 15, 1996. HINES, Justice. William Fudge Weems was found guilty of malice murder, felony murder while in the commission of aggravated assault, felony murder while in possession of a firearm by a convicted felon, aggravated assault, and possession of a firearm by […]

109 S.E.2d 772 HEAD v. STEPHENS et al. 20500.Supreme Court of Georgia.SUBMITTED JUNE 8, 1959. DECIDED JULY 8, 1959. The judgment of the court below, sustaining the demurrers of one of the defendants and the motion to dismiss of the other, was erroneous and must be reversed. SUBMITTED JUNE 8, 1959 — DECIDED JULY 8, […]

625 S.E.2d 746 NIX v. THE STATE. S05A1749.Supreme Court of Georgia. DECIDED JANUARY 17, 2006. HUNSTEIN, Presiding Justice. Appellant James Nix was convicted of malice murder, felony murder, and two counts of aggravated assault arising out of the fatal shooting of Bruce Neave.[1] He appeals, and for the reasons that follow, we affirm in part […]

133 S.E.2d 341 MORGAN v. WRIGHT. 22142.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1963. DECIDED OCTOBER 10, 1963. REHEARING DENIED NOVEMBER 7, 1963. 1. The bill of exceptions and the record showing clearly that the parties to the litigation in the court below are the same parties here, and the acknowledgment of service showing who the […]

10 S.E.2d 847 DAVIS v. FREEMAN et al. 13407.Supreme Court of Georgia. SEPTEMBER 26, 1940. 1. Where a case has never been marked “in default” on the docket, and no order has been taken declaring it “in default,” an answer to the merits, filed at a term subsequent to the appearance term, will not be […]

560 S.E.2d 1 IN RE: C.N.W. S01A1281.Supreme Court of Georgia. DECIDED: FEBRUARY 11, 2002 HINES, Justice. We granted this appeal from the denial of a stepparent adoption petition to consider two questions.[1] The first is whether a “biological father who is not the legal father” of a child within the meaning of OCGA § 19-8-1 […]

15 S.E.2d 193 HARRIS v. STOWERS et al. 13695.Supreme Court of Georgia. MAY 17, 1941. JENKINS, Justice. 1. “A judgment sustaining a plea of res judicata to a suit, but not ordering dismissal of the action, is not `final,’ within the meaning of the Code, § 6-701.” Loveless v. McCollum, 189 Ga. 219 (5 S.E.2d […]

145 S.E.2d 517 MARTIN v. BENNETT et al. 23167.Supreme Court of Georgia.ARGUED OCTOBER 11, 1965. DECIDED OCTOBER 19, 1965. DUCKWORTH, Chief Justice. 1. The Constitution (Code Ann. § 2-4903; Const. of 1945) requires that, “Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.” To join a […]

215 S.E.2d 7 DEAN v. WHALEN. 29681.Supreme Court of Georgia.SUBMITTED FEBRUARY 24, 1975. DECIDED APRIL 17, 1975. PER CURIAM. Appellant entered guilty pleas to a violation of the Georgia Drug Abuse Control Act, illegal possession of non-tax-paid cigarettes, and illegal sale of liquor. He received fines and consecutive sentences totaling four years. The sentencing judge […]

148 S.E.2d 414 DEASON v. DeKALB COUNTY. 23337.Supreme Court of Georgia.ARGUED MARCH 15, 1966. DECIDED APRIL 7, 1966. REHEARING DENIED APRIL 19, 1966. 1. An employee who has obtained a permanent employment status under a county merit system and who is wrongfully discharged may maintain a suit against the county for his salary even though […]

472 S.E.2d 294 IN THE MATTER OF ROBERT C. SHEAROUSE. S96Y0041.Supreme Court of Georgia. DECIDED JULY 1, 1996. PER CURIAM. The State Bar properly served respondent Robert C. Shearouse with a Notice of Discipline seeking disbarment and alleging Shearouse violated Standards 4, 22, 23, 44, 45, and 68 of Bar Rule 4-102 (d) in his […]

221 S.E.2d 794 WOODALL v. THE STATE. 30240.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1975. DECIDED NOVEMBER 4, 1975. HILL, Justice. This is an appeal by Alton Bariece Woodall from a conviction by jury on a charge of armed robbery and sentence of 15 years imprisonment. Defendant was acquitted of a charge of kidnapping in the […]