Category: Georgia Supreme Court Opinions

45 S.E.2d 413 SORROW v. SORROW 16001.Supreme Court of Georgia. DECEMBER 1, 1947. The allegations of the petition were sufficient to set forth a cause of action for divorce upon the grounds of desertion and cruel treatment, and the trial court did not err in overruling the general and special grounds of demurrer. No. 16001. […]

299 S.E.2d 876 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY v. DENDY. 39102.Supreme Court of Georgia. DECIDED JANUARY 28, 1983. REHEARING DENIED FEBRUARY 16, 1983. GREGORY, Justice. Dendy is the owner of a parcel of land comprising approximately 30,000 square feet. An industrial warehouse occupying some 23,000 square feet was constructed on this parcel in 1947. In […]

264 S.E.2d 22 WILLINGHAM COTTON MILLS v. CITIZENS SOUTHERN NATIONAL BANK. 35543.Supreme Court of Georgia.SUBMITTED OCTOBER 26, 1979. DECIDED NOVEMBER 26, 1979. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED OCTOBER 26, 1979 — DECIDED NOVEMBER 26, 1979. Interlocutory injunction. Bibb Superior Court. Before Judge Culpepper. Anderson, Walker Reichert, Morris […]

454 S.E.2d 500 DUQUETTE v. THE STATE. S94A1554.Supreme Court of Georgia. DECIDED MARCH 13, 1995. BENHAM, Presiding Justice. This appeal is from appellant’s conviction of murder.[1] The evidence shows without dispute that appellant shot and killed his wife on the morning of November 15, 1992, while she was in bed. Evidence at trial authorized the […]

652 S.E.2d 547 IN THE INTEREST OF J. S., a child. No. S07G0903.Supreme Court of Georgia. DECIDED OCTOBER 29, 2007. MELTON, Justice. We granted certiorari in this case to determine whether OCGA § 15-11-8 (a) requires either a county or the Department of Juvenile Justice (Department) to pay for emergency medical treatment for a juvenile […]

375 S.E.2d 835 BROWN et al. v. WILLIAMS et al. 45837.Supreme Court of Georgia. DECIDED JANUARY 26, 1989. RECONSIDERATION DENIED MARCH 1, 1989. BENHAM, Judge. This case is a title dispute: appellants claim title by deed; appellees claim title by prescription. Appellants filed suit to enjoin appellees’ continuing trespass on the land in question; appellees […]

373 S.E.2d 746 SUDDETH v. FORSYTH COUNTY et al.; and vice versa. 45503, 45504.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1988. HUNT, Justice. These appeals concern Suddeth’s application pursuant to Section Page 774 15-1.3 of the Comprehensive Zoning and Land Use Resolution of Forsyth County (the zoning ordinances)[1] for a special-use permit to operate an […]

425 S.E.2d 865 GRACE v. THE STATE. S92A1271.Supreme Court of Georgia. DECIDED FEBRUARY 18, 1993. FLETCHER, Justice. James Lee Grace was convicted of the murder of Anthony Justiss, the aggravated assault and aggravated battery of Warren Jackson Page 747 and armed robbery all arising from an incident that occurred at a Bee Line Food Store […]

393 S.E.2d 447 THOMPSON v. SCOTT. S90G0309.Supreme Court of Georgia. DECIDED APRIL 25, 1990. RECONSIDERATION DENIED MAY 17, 1990. PER CURIAM. We granted certiorari in this case, Scott v. Thompson, 193 Ga. App. 487 (388 S.E.2d 371) (1989), to consider whether the Court of Appeals correctly held that the trial court should not have granted […]

302 S.E.2d 351 LEGARE v. THE STATE. 39524.Supreme Court of Georgia. DECIDED APRIL 27, 1983. HILL, Chief Justice. Andrew Philip Legare was tried and convicted in Baldwin County Superior Court on charges of armed robbery, burglary and malice murder; he was sentenced to life for the armed robbery, 20 years for the burglary and death […]

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 […]

458 S.E.2d 813 GRIFFIN v. THE STATE. S95A0330.Supreme Court of Georgia. DECIDED JUNE 30, 1995. BENHAM, Presiding Justice. The crimes involved in this case occurred on February 23, 1992, in Savannah, Georgia. Using a pistol bought from a friend (who had stolen the gun from his mother), Griffin confronted a pizza deliveryman and demanded his […]

656 S.E.2d 529 IN THE MATTER OF STEPHEN G. WALDROP. No. S08Y0367.Supreme Court of Georgia. DECIDED: JANUARY 28, 2008. PER CURIAM. This disciplinary matter is before the Court on the Report and Recommendation of the Special Master, Charles R. Adams III, recommending that the Court suspend Stephen G. Waldrop from the practice of law for […]

207 S.E.2d 515 CROSBY v. THE STATE. 28988.Supreme Court of Georgia.ARGUED JUNE 12, 1974. DECIDED JULY 16, 1974. REHEARING DENIED JULY 30, 1974. NICHOLS, Presiding Justice. Abe Crosby, Jr. was indicted by the Grand Jury of Bibb County in a multiple count indictment with conspiring to commit designated crimes and theft by receiving stolen property. […]

387 S.E.2d 880 DUVALL v. THE STATE. S89A0303.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1990. HUNT, Justice. Following a jury trial, Elena Markette Duvall was found guilty of the murder of Calvin Shivers and was sentenced to life imprisonment.[1] She appeals, enumerating as error the trial court’s refusal to require the co-defendant to testify, the […]

190 S.E.2d 38 STANLEY v. AULT. 27169.Supreme Court of Georgia.SUBMITTED MAY 8, 1972. DECIDED JUNE 15, 1972. NICHOLS, Justice. This is an appeal from a habeas corpus judgment remanding the prisoner to custody. The evidence adduced upon the habeas corpus hearing disclosed that the prisoner was represented by employed counsel upon his trial which resulted […]

189 S.E.2d 393 BINNS v. THE STATE. 27122.Supreme Court of Georgia.SUBMITTED APRIL 11, 1972. DECIDED MAY 3, 1972. JORDAN, Justice. This is an appeal from the overruling of a motion for new trial following conviction for murder and a sentence to life imprisonment. The State has moved to dismiss the appeal, supported by affidavit that […]

669 S.E.2d 655 STAHL v. THE STATE. No. S08A0921.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. HINES, Justice. Patrick Phillip Stahl appeals his convictions for malice murder, burglary, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon, all in connection with the death of Rodney […]

221 S.E.2d 20 DEAN v. BOLTON. 30187.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1975. DECIDED NOVEMBER 18, 1975. PER CURIAM. This appeal is from a judgment that denied injunctive relief sought by the appellant against the Attorney General. We affirm that judgment. On January 29, 1975, the Lieutenant-Governor requested the Governor to request the Attorney General […]

37 S.E.2d 353 WRIGHT v. CONNER et al.; et vice versa. 15343, 15344.Supreme Court of Georgia.JANUARY 11, 1946. REHEARING DENIED FEBRUARY 21, 1946. JENKINS, Presiding Justice. 1. The Code, § 85-604, provides as follows: “The tenant for life shall be entitled to the full use and enjoyment of the property if in such use he […]

9 S.E.2d 253 CITY OF BLUE RIDGE v. KIKER. 13220.Supreme Court of Georgia. MAY 14, 1940. JENKINS, Justice. 1. Ordinarily a court of equity will not interfere to prevent a mere trespass, but as a general rule will leave the injured party to his legal remedy. If, however, there be anything special in the case […]

670 S.E.2d 68 IN THE MATTER OF LOUIS DANTE DITRAPANO. No. S09Y0114.Supreme Court of Georgia. DECIDED NOVEMBER 3, 2008. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of the Review Panel of the State Page 629 Disciplinary Board which recommends that Respondent Louis Dante DiTrapano be disbarred pursuant […]

232 S.E.2d 246 QUILLOIN v. WALCOTT. 31643.Supreme Court of Georgia.ARGUED OCTOBER 13, 1976. DECIDED JANUARY 6, 1977. REHEARING DENIED JANUARY 27, 1977. HILL, Justice. The constitutional rights of the natural father of an illegitimate child are presented here for review. After the Page 231 child’s stepfather filed a petition for adoption, the natural father sought […]

260 S.E.2d 40 BARNES v. THE STATE. 35027.Supreme Court of Georgia.ARGUED JUNE 12, 1979. DECIDED SEPTEMBER 10, 1979. REHEARING DENIED SEPTEMBER 25, 1979. HILL, Justice. James Williams Barnes was indicted for rape and was convicted by the jury of the statutory rape of his eleven-year-old stepdaughter. He appeals, enumerating five errors. 1. Defendant contends that […]

213 S.E.2d 638 RICHARDS et al. v. BLACKMON. 29515.Supreme Court of Georgia.ARGUED JANUARY 15, 1975. DECIDED FEBRUARY 18, 1975. UNDERCOFLER, Presiding Justice. On January 17, 1974, W. W. Beck, Jr., and Melvin Richards as purchasers entered into a sales contract with Jeff Echols as seller to purchase all the goods, stock, inventory, merchandise, equipment and […]

671 S.E.2d 810 SPEARS v. THE STATE. No. S09A0195.Supreme Court of Georgia. DECIDED JANUARY 12, 2009. HINES, Justice. Dameion Timiah Spears appeals his conviction for malice murder in connection with the fatal shooting of Gregory Woods. His sole contention is that the evidence at trial was insufficient to support his conviction. Finding the evidence legally […]

452 S.E.2d 511 DECATUR COUNTY v. DANIELS. S94G1002.Supreme Court of Georgia. DECIDED JANUARY 17, 1995. HUNT, Chief Justice. We granted certiorari in this case to consider whether the Court of Appeals properly held that the 1991 Amendment to Art. I, Sec. II, Par. IX of the 1983 Georgia Constitution did not affect the viability of […]

644 S.E.2d 136 BOONE v. THE STATE. No. S07A0448.Supreme Court of Georgia. DECIDED APRIL 24, 2007. SEARS, Chief Justice. In 2001, Verdice Boone pled guilty in Polk County to felony murder, aggravated battery, and arson. He received a life sentence for felony murder and a concurrent 20-year sentence for the arson offense. In 2006, Boone […]

283 S.E.2d 864 TODHUNTER v. PRICE. 37928.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1981. HILL, Presiding Justice. We remanded this divorce case for a jury trial on the issue of a resulting trust in Price v. Price, 243 Ga. 4 (252 S.E.2d 402) (1979). After the trial, the jury returned a verdict but the verdict […]

575 S.E.2d 503 IN THE MATTER OF JAMES FRANKLIN SHEHANE IV. S03Y0385.Supreme Court of Georgia. DECIDED: JANUARY 13, 2003 PER CURIAM. Following the filing of a grievance by a former client of respondent James F. Shehane IV and a finding of probable cause by the Investigative Panel of the State Disciplinary Board of the State […]

242 S.E.2d 585 CZYZ v. CZYZ. 33257.Supreme Court of Georgia.SUBMITTED FEBRUARY 3, 1978. DECIDED FEBRUARY 22, 1978. NICHOLS, Chief Justice. Appellant Roberta Czyz filed a complaint entitled “Equitable Petition to Cancel Deeds,” demanding, inter alia, that the trial court issue an order canceling two warranty deeds from George Czyz to Susan Czyz and placing the […]

56 S.E.2d 517 BORDERS v. BORDERS. 16866.Supreme Court of Georgia. NOVEMBER 17, 1949. CANDLER, Justice. On November 2, 1948, Melvin Borders was ordered to pay his wife and minor child, beginning as of October 16, 1948, and every two weeks thereafter until the further order of the court, $12 per week as temporary alimony; and […]

570 S.E.2d 327 IN RE: T.M.G. S02G0228.Supreme Court of Georgia. Decided September 30, 2002 SEARS, Presiding Justice. This Court granted certiorari to review the Court of Appeals’ ruling that appellants are collaterally estopped from seeking to adopt TMG, because appellants “acted and were treated as parties” in appellees’ earlier adoption proceeding.[1] This Court, however, has […]

335 S.E.2d 286 GODDARD v. IRBY et al. 42573.Supreme Court of Georgia. DECIDED OCTOBER 17, 1985. WELTNER, Justice. Goddard owned a lot in a residential subdivision within the city limits of Decatur. Irby bought an adjacent lot. After obtaining a building permit from the city and a joint driveway easement from Goddard, Irby began constructing […]

140 S.E.2d 852 MURPHY v. HARDING et al. 22736.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1964. DECIDED FEBRUARY 10, 1965. 1. The record disclosing that the bill of exceptions in this case was tendered in the time provided by law and not showing that the failure of the trial judge to certify it within the time […]

170 S.E.2d 430 STAGGERS v. THE STATE. 25359.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1969. DECIDED SEPTEMBER 29, 1969. 1. One who procures a new trial on his own motion will not be heard to complain that to try him again places him in double jeopardy in violation of the State Constitution. 2. Where the appellant […]

361 S.E.2d 821 EBERHART v. THE STATE. 44630.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1987. SMITH, Justice. The appellant, Michael Dino Eberhart, was found guilty of the murder of his wife, Bettye Eberhart. We affirm.[1] The appellant and the victim had been separated for approximately four months, and during that time he had either threatened […]

475 S.E.2d 896 CITY OF ATLANTA v. WATSON. S96G0600.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1996 — RECONSIDERATION DENIED OCTOBER 17, 1996. SEARS, Justice. We granted certiorari in this case in order to (1) determine whether the City of Atlanta violated the equal protection rights of owners of multi-family residences near Hartsfield International Airport, when […]

106 S.E.2d 1 STATE OF GEORGIA et al. v. PARRAMORE et al. 20254.Supreme Court of Georgia.ARGUED OCTOBER 15, 1958. DECIDED NOVEMBER 7, 1958. The judgment of the trial court was error for the reasons set out in the following opinion. ARGUED OCTOBER 15, 1958 — DECIDED NOVEMBER 7, 1958. Injunction. Lowndes Superior Court. Before Judge […]

378 S.E.2d 305 BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA et al. v. THE ATLANTA JOURNAL THE ATLANTA CONSTITUTION et al. 46821.Supreme Court of Georgia. DECIDED APRIL 25, 1989. RECONSIDERATION DENIED MAY 10, 1989. WELTNER, Justice. Pursuant to the Open Records Act, OCGA § 50-18-70 et seq., two newspapers made the following request […]

282 S.E.2d 885 YARBOROUGH v. YARBOROUGH. 37939.Supreme Court of Georgia. DECIDED OCTOBER 8, 1981. PER CURIAM. Appeal dismissed for failure to follow the application procedures set forth in Code Ann. § 6-701.1. See Fields v. Fields, 247 Ga. 437 (276 S.E.2d 614) (1981). Appeal dismissed. Jordan, C. J., Hill, P. J., Marshall, Clarke and Gregory, […]

221 S.E.2d 185 BERRYHILL v. THE STATE. 30173.Supreme Court of Georgia.ARGUED SEPTEMBER 3, 1975. DECIDED OCTOBER 28, 1975. REHEARING DENIED NOVEMBER 24, 1975. HALL, Justice. Michael Gene Berryhill, alias Michael Gene Stanley, was charged and convicted of felony murder and armed robbery by a jury in Bartow County. He received the death sentence for the […]

82 S.E.2d 831 JOHNSON et al. v. JOHNSON. 18637.Supreme Court of Georgia.ARGUED JUNE 16, 1954. DECIDED JULY 13, 1954. REHEARING DENIED JULY 27, 1954. 1. Trusts in real estate implied from the payment of the purchase money or a part thereof result, if at all, at the time of the execution of the conveyance. The […]

709 S.E.2d 211 TURNER et al. v. CITY OF TALLAPOOSA et al. No. S11A0273.Supreme Court of Georgia. DECIDED MARCH 7, 2011. RECONSIDERATION DENIED APRIL 26, 2011. MELTON, Justice. In this quiet title action, Charles Stanley Turner and Tim W. Turner brought suit against the City of Tallapoosa, Philip Eidson, the City Manager, Donald Ridley, and […]

60 S.E.2d 158 SHEDDEN et al. v. DONALDSON. 17102.Supreme Court of Georgia. JUNE 13, 1950. 1. Where a testator devised certain lands to his daughter Nelia “for and during her natural life . . At the death of my said daughter, Nelia, I give this property to such of her children as may survive her […]

151 S.E.2d 137 FLEMING et al. v. TERMINAL TRANSPORT COMPANY, INC. 23651.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1966. DECIDED OCTOBER 6, 1966. MOBLEY, Justice. The petitioner, Terminal Transport Co., Inc., filed a petition to temporarily and permanently enjoin fifty named individuals from illegal mass picketing and various acts incidental thereto. At a hearing on the […]

75 S.E.2d 554 SOUTHERN RAILWAY CO. v. TOWN OF TEMPLE et al. 18153.Supreme Court of Georgia.SUBMITTED MARCH 9, 1953. DECIDED APRIL 14, 1953. 1. The judgment of the court below sustaining a general demurrer to the petition without a hearing was error. 2. There is no merit in these grounds of the special demurrer. 3. […]

17 S.E.2d 542 LOCKWOOD v. DANIEL. 13895.Supreme Court of Georgia. NOVEMBER 11, 1941. ATKINSON, Presiding Justice. 1. “An unascertained or disputed boundary line between coterminous proprietors may be established, (1) by oral agreement, if the agreement be accompanied by actual possession to the agreed line, or is otherwise duly executed; or (2) by acquiescence for […]

311 S.E.2d 838 PATTERSON v. COLEMAN. 40537.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1984. REHEARING DENIED FEBRUARY 21, 1984. GREGORY, Justice. A default judgment was entered against Arthur Patterson on June 23, 1981 in the State Court of Fulton County. In October 1982 Patterson filed a complaint in equity to set aside the judgment based […]

233 S.E.2d 381 CONNALLY v. THE STATE. 30815.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1977. UNDERCOFLER, Presiding Justice. In accordance with the United States Supreme Court’s decision in Connally v. Georgia, ___ U.S. ___ (97 S.C. 546, 50 L.Ed.2d 444), Division 1 and the judgment of Page 404 affirmance of this court’s decision in Connally […]

260 S.E.2d 873 McGHEE v. BROWN. 35316.Supreme Court of Georgia.SUBMITTED AUGUST 31, 1979. DECIDED OCTOBER 16, 1979. UNDERCOFLER, Presiding Justice. Grace McGhee Brown, a remainderman, sued her stepmother, Eunice McGhee, the life tenant, to enjoin her from committing waste in cutting timber. Eunice McGhee, appellant here, counterclaimed to enjoin Grace McGhee Brown from interfering with […]

48 S.E.2d 94 BEETLES v. THE STATE. 16216.Supreme Court of Georgia. MAY 13, 1948. DUCKWORTH, Presiding Justice. 1. “Where two persons are jointly indicted for murder, each may be convicted upon evidence showing that he was either the absolute perpetrator of the crime, or was present, aiding and abetting the other in its commission.” Bradley […]

230 S.E.2d 291 SANDERS v. THE STATE. 31471.Supreme Court of Georgia.SUBMITTED AUGUST 27, 1976. DECIDED NOVEMBER 2, 1976. UNDERCOFLER, Presiding Justice. Appellant was convicted of murder and sentenced to life imprisonment. She appeals and assets the trial court committed 26 errors. We reverse. 1. Appellant asserts the trial court erred in denying her challenges to […]

56 S.E.2d 254 PUBLIX-LUCAS THEATERS INC. et al. v. CITY OF BRUNSWICK. 16816.Supreme Court of Georgia. OCTOBER 11, 1949. REHEARING DENIED NOVEMBER 18, 1949. 1. Under the allegations of the petition as to one of the plaintiffs, this is a proper case for relief under the Declaratory Judgment Act. 2. The ordinance in question in […]

186 S.E.2d 888 FULLER v. THE STATE. 26887.Supreme Court of Georgia.ARGUED DECEMBER 13, 1971. DECIDED JANUARY 6, 1972. UNDERCOFLER, Justice. Edgar Lee Fuller was indicted by the grand jury of Chatham County, on two separate bills of indictment. One charged him with the offense of rape and the other with unlawfully taking a sum of […]

439 S.E.2d 914 ASHLEY v. THE STATE. S93A1989.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1994. BENHAM, Justice. Appellant was found guilty of malice murder and armed robbery in the knifing death of Sarles W. Hall, and sentenced to life imprisonment.[1] Page 821 1. The victim, a local cocaine and marijuana dealer, was found under brush […]

48 S.E.2d 729 LANKFORD et al. v. MILHOLLIN et al. 16277.Supreme Court of Georgia. JULY 15, 1948. REHEARING DENIED JULY 28, 1948. 1. The court did not err in sustaining a demurrer to the amendment to the traverse of the caveat. 2. A cross-action which merely seeks to introduce new and distinct matter not germane […]

131 S.E.2d 559 CURRY et al. v. CONSTRUCTION GENERAL LABORERS UNION LOCAL NO. 438, AFL-CIO. 21463.Supreme Court of Georgia. DECIDED MAY 29, 1963. HEAD, Presiding Justice. The decision and judgment of this court in Curry v. Construction General Laborers Union Local No. 438, AFL-CIO, 217 Ga. 512 (123 S.E.2d 653), was entered on January 4, […]

128 S.E.2d 59 DUMAS v. BEASLEY. 21773.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1962. DECIDED OCTOBER 1, 1962. The trial judge did not abuse his discretion in failing to modify the pretrial order, and in submitting the case on the issue agreed upon in the pretrial conference. SUBMITTED SEPTEMBER 14, 1962 — DECIDED OCTOBER 1, 1962. […]

418 S.E.2d 55 SANDS v. THE STATE. S92A0507.Supreme Court of Georgia. DECIDED JULY 16, 1992. FLETCHER, Justice. Robin M. Sands was indicted with Darrell Rodencal for the malice murder, felony murder, and armed robbery of Troy Lawson and theft of his vehicle. The evidence shows that Lawson was hit on the back and front of […]

558 S.E.2d 2 O’BRYANT v. BROWN, Sheriff. S01A1821.Supreme Court of Georgia. DECIDED: NOVEMBER 30, 2001. SEARS, Presiding Justice. The appellant, Brenda O’Bryant, appeals from the trial court’s order ordering her extradition to the State of Colorado.[1] On appeal, O’Bryant’s sole contention is that the trial court erred in finding that she was a fugitive from […]

219 S.E.2d 133 DAVIDSON MINERAL PROPERTIES, INC. v. GIFFORD-HILL COMPANY, INC. 30077.Supreme Court of Georgia.ARGUED JULY 9, 1975. DECIDED SEPTEMBER 16, 1975. HALL, Justice. Plaintiff Davidson Mineral Properties, Inc., (Davidson) owns land adjoining that leased to the defendant, Gifford-Hill Co., Inc. (Gifford-Hill) through an option contract, where Gifford-Hill operates a rock quarry and stone crushing […]

160 S.E.2d 382 AUSTIN, for use v. AUSTIN. 24477.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1968. DECIDED MARCH 8, 1968. The stipulation on which the present case was decided was insufficient to show that the amount designated as attorney’s fees in an alimony award had not been paid to the wife, and the trial judge did […]

301 S.E.2d 287 RASNAKE v. THE STATE. 39539.Supreme Court of Georgia. ORDERED FEBRUARY 3, 1983. ORDER OF COURT. Upon consideration of the application for certiorari filed to review the judgment of the Court of Appeals in this case, it is ordered that the writ be hereby denied. All the Justices concur, except Smith, J., who […]

410 S.E.2d 113 GOODEN v. THE STATE. S91A1571.Supreme Court of Georgia. DECIDED NOVEMBER 15, 1991. CLARKE, Chief Justice. Earnest J. Gooden was convicted of the malice murder of Minnie M. Jeffery and sentenced to life imprisonment.[1] The defendant and victim had been involved in a tempestuous relationship for several years. The defendant was also intimately […]

334 S.E.2d 160 NATION v. LEE. 42345.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1985. REHEARING DENIED SEPTEMBER 25, 1985. SMITH, Justice. A Douglas County jury convicted appellant, Shirley Nation, of shoplifting. The Court of Appeals affirmed the conviction Nation v. State, 172 Ga. App. 354 (323 S.E.2d 181) (1984). Appellant subsequently applied for a writ […]

177 S.E.2d 696 GRIFFIN v. GRIFFIN. 26069.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1970. DECIDED OCTOBER 8, 1970. 1. In order to authorize a modification of alimony there must be evidence of a change in the financial status of the former husband since the prior award was made. 2. Where the former wife and not the […]

205 S.E.2d 416 DANIELS v. CALDWELL. 28415.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 […]

272 S.E.2d 686 IN THE MATTER OF CHANCE. SUPREME COURT DISCIPLINARY NO. 125.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1980. REHEARING DENIED NOVEMBER 25, 1980. PER CURIAM. Kenneth R. Chance, a member of the State Bar of Georgia, has been charged with the violation of the rules and regulations of the State Bar. A formal […]

658 S.E.2d 575 GARY v. GOWINS. No. S07G1104.Supreme Court of Georgia. DECIDED MARCH 10, 2008. RECONSIDERATION DENIED APRIL 11, 2008. THOMPSON, Justice. We granted certiorari in this case to determine whether the Court of Appeals erred by concluding that the trial court had authority to consider holding a parent in contempt for failing to make […]

233 S.E.2d 345 BULLOCK v. BULLOCK. 31765.Supreme Court of Georgia.SUBMITTED DECEMBER 3, 1976. DECIDED FEBRUARY 8, 1977. REHEARING DENIED FEBRUARY 22, 1977. HILL, Justice. Plaintiff brought an action in equity to cancel two deeds as clouds upon his title. Judgment for the plaintiff was entered upon the jury’s verdict. The defendant appeals alleging that the […]

71 S.E.2d 534 CAMP v. TRAPP et al. 17920.Supreme Court of Georgia.SUBMITTED JUNE 10, 1952. DECIDED JULY 14, 1952. REHEARING DENIED JULY 29, 1952. 1. An application for leave to file an information in a quo warranto proceeding must be positively verified, but verification may be supplied by amendment at or before the hearing. 2. […]

266 S.E.2d 488 DEYTON v. DAVENPORT. 35850.Supreme Court of Georgia.SUBMITTED JANUARY 18, 1980. DECIDED APRIL 22, 1980. NICHOLS, Justice. The state appeals an order of the habeas court granting Martha Davenport a new trial. She was convicted of aggravated assault committed upon Harold Davenport, her former husband, and her motion for new trial was denied. […]

587 S.E.2d 24 IN THE MATTER OF THOMAS E. COWAN, JR. S03Y1549.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2003. PER CURIAM. This disciplinary matter is before the Court pursuant to Respondent Thomas E. Cowan, Jr.’s petition for voluntary discipline which was filed pursuant to Bar Rule 4-227 (b) (2) prior to the issuance of a […]

87 S.E.2d 54 SOUTHERN UNION MUTUAL INSURANCE CO. et al. v. MINGLEDORFF. 18861.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1955. DECIDED MARCH 15, 1955. CANDLER, Justice. 1. In a petition for injunction against the commission of a trespass on land, on the ground that it is continuing in character and the damages will be irreparable, it […]

221 S.E.2d 828 KIMBLE v. BROWN. 30195.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 […]

120 S.E.2d 174 FORRESTER v. LIVINGSTON. 21207.Supreme Court of Georgia.SUBMITTED APRIL 10, 1961. DECIDED MAY 9, 1961. Under the evidence adduced on the trial, the court did not err in awarding to their mother the children who were the subject of the proceedings. SUBMITTED APRIL 10, 1961 — DECIDED MAY 9, 1961. Habeas corpus; custody […]

224 S.E.2d 424 JACKSON v. HOPPER. 30497.Supreme Court of Georgia. DECIDED JANUARY 28, 1976. 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 […]

516 S.E.2d 301 HOOD v. SMOAK. S99A0261.Supreme Court of Georgia. DECIDED: MAY 17, 1999. FLETCHER, Presiding Justice. Bart Hood sued his daughter, Dawn Smoak, to set aside an allegedly fraudulent conveyance of two tracts of land in Union County totaling 100 acres. The trial court denied Smoak’s motion for summary judgment, but later at trial […]

7 S.E.2d 385 WICKS et al. v. COMMUNITY LOAN AND INVESTMENT CORPORATION. 13104.Supreme Court of Georgia. FEBRUARY 14, 1940. 1. The court did not err in refusing to strike the defendant’s allegation that it is engaged in the business of lending money as a “like association” to a building and loan association as defined by […]

338 S.E.2d 249 NORMAN v. THE STATE. 42510.Supreme Court of Georgia. DECIDED JANUARY 7, 1985. GREGORY, Justice. Walter Norman was convicted of murder, aggravated assault, and five counts of burglary. He was sentenced to life imprisonment for murder, plus additional consecutive terms for the other counts.[1] We affirm. At 1 p. m. on Sunday, November […]

355 S.E.2d 664 SPALDING COUNTY et al. v. MARVIN E. JOHNSON CONSTRUCTION COMPANY. 44378.Supreme Court of Georgia. DECIDED MAY 19, 1987. WELTNER, Justice. 1. The failure of a property owner to challenge within thirty days the rezoning of his property from a higher density use to a lower density use (sometimes called “downzoning”) precludes him […]

494 S.E.2d 656 PHILLIPS v. HAWTHORNE ET AL. S97A1771.Supreme Court of Georgia. DECIDED JANUARY 26, 1998. HUNSTEIN, Justice. In March 1997, the Election Superintendent for the City of Page 10 Auburn issued three applications for recall petitions to appellant Matthew L. Phillips, the chairman of a committee of Auburn citizens concerned about the abolition of […]

15 S.E.2d 790 JOHNSON v. TOWNSEND et al. 13745.Supreme Court of Georgia. JULY 8, 1941. The pleadings and the evidence presented an issue for submission to a jury, as to accounting of partnership assets and of equal contribution. No. 13745. JULY 8, 1941. Equitable petition. Before Judge Camp. Laurens superior court. February 14, 1941. Blackshear […]

383 S.E.2d 882 BROWN v. THE STATE. 47016.Supreme Court of Georgia. DECIDED SEPTEMBER 29, 1989. WELTNER, Justice. Valdez Brown, sixteen years of age and with a below-average intelligence, shot and killed Katrina Brown with a handgun. He was indicted for murder, tried by a jury and found guilty. He was sentenced to life imprisonment.[1] The […]

363 S.E.2d 759 WAGNER v. HOWELL et al. 44892.Supreme Court of Georgia. DECIDED JANUARY 15, 1988. RECONSIDERATION DENIED FEBRUARY 12, 1988. SMITH, Justice. This is an appellate practice case arising from the trial court granting the appellees’ motion for summary judgment and the appellant’s subsequent attempt to appeal from that ruling. We reverse. The appellant, […]

292 S.E.2d 854 IN THE MATTER OF DENNIS. SUPREME COURT DISCIPLINARY NOS. 195, 204Supreme Court of Georgia. DECIDED JULY 8, 1982. PER CURIAM. The State Disciplinary Board brought a proceeding seeking the disbarment of Donald Dennis. No response was filed by Dennis, and nothing was offered in mitigation, whereupon the following circumstances are established by […]

190 S.E.2d 69 SOUTER v. CARNES. 27162.Supreme Court of Georgia.ARGUED MAY 9, 1972. DECIDED JUNE 15, 1972. NICHOLS, Justice. Mrs. Michel K. Souter filed a petition to set aside the probate of Floyd Clark Logan’s will, upon the ground that she, as an heir at law, was not given notice of such probate proceedings. The […]

196 S.E.2d 127 SHORT v. SHORT. 27650.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1973. DECIDED FEBRUARY 8, 1973. UNDERCOFLER, Justice. This appeal is from an interlocutory order rendered in a proceeding brought by Brenda Jones Short against Ellis Lynn Short seeking a divorce and custody of the child of the parties. The child had been awarded […]

157 S.E.2d 286 JACKSON v. DUTTON, Warden. 24250.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1967. DECIDED SEPTEMBER 21, 1967. REHEARING DENIED OCTOBER 5, 1967. UNDERCOFLER, Justice. Edward Nathaniel Jackson brought this action of habeas corpus in the City Court of Reidsville against A. L. Dutton, Warden of the Georgia State Prison, for his release. On August […]

57 S.E.2d 821 AZAR, administrator, v. THOMAS. 16946.Supreme Court of Georgia. FEBRUARY 16, 1950. REHEARING DENIED MARCH 15, 1950. DUCKWORTH, Chief Justice. 1. A foreign decree of divorce may be collaterally attacked upon the grounds of fraud in its procurement and lack of jurisdiction without offending the full faith and credit clause of the Constitution […]

243 S.E.2d 24 REEVES v. THE STATE. 32994.Supreme Court of Georgia.ARGUED NOVEMBER 22, 1977. DECIDED FEBRUARY 22, 1978. REHEARING DENIED MARCH 28, 1978. HALL, Justice. Reeves was tried by a jury, convicted of murder, and sentenced to life imprisonment for the March 1, 1977 murder of George Parrish at the G C Garage, in Athens, […]

329 S.E.2d 149 MENENDEZ et al. v. PERISHABLE DISTRIBUTORS, INC. et al. 41745.Supreme Court of Georgia. DECIDED MAY 2, 1985. PER CURIAM. The United States Court of Appeals for the Eleventh Circuit sent us three certified questions. The answers to questions one and two are that Florida law applies. The third question is mooted by […]

190 S.E.2d 73 HICKS et al. v. SIMPSON. 27161.Supreme Court of Georgia.ARGUED MAY 9, 1972. DECIDED JUNE 15, 1972. 1. The examiner made a finding that the name of the grantee recited in the deeds was an alias of the grantee. 2. The evidence, while conflicting, authorized findings as to the use by the grantee […]

646 S.E.2d 60 SAMPSON v. THE STATE. No. S07A0375.Supreme Court of Georgia. DECIDED JUNE 4, 2007. HINES, Justice. A jury found Willie M. Sampson guilty of malice murder and felony murder while in the commission of aggravated assault in connection with the fatal shooting of his former girlfriend, Peggy Scott. Sampson appeals, challenging the admission […]