Category: Georgia Supreme Court Opinions

70 S.E.2d 744 SAVANNAH BROADCASTING COMPANY et al. v. RIVERS; et vice versa. 17739, 17740.Supreme Court of Georgia.ARGUED JANUARY 17, 1952. DECIDED APRIL 16, 1952. REHEARING DENIED MAY 14, 1952. CANDLER, Justice. These cases are controlled by the decision this day rendered in Dixie Broadcasting Corporation v. Rivers, ante. Judgment reversed on main bill of […]

242 S.E.2d 628 REDD v. THE STATE. 32732.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1977. DECIDED FEBRUARY 21, 1978. HALL, Justice. This is a death case presenting challenges to a warrantless automobile search; to certain medical evidence; and to sentencing procedures. We affirm Redd’s convictions but reverse the death sentence for murder and require resentencing. Redd […]

6 S.E.2d 283 BEAVERS v. INTERSTATE BOND COMPANY et al. 12834.Supreme Court of Georgia. NOVEMBER 16, 1939. 1. Under the Code, § 92-7602, a person not entitled to subrogation may, without the consent of the taxpayer, pay the amount due under an execution issued against him for taxes, and secure a valid transfer thereof. 2. […]

393 S.E.2d 244 ROSS v. KEMP. S90A0264.Supreme Court of Georgia. DECIDED JULY 11, 1990. PER CURIAM. This is a case in which petitioner’s life hangs in the balance, thereby causing this court to pay the utmost attention to rights guaranteed under the Constitutions of the United States and the State of Georgia. See House v. […]

709 S.E.2d 808 IN THE MATTER OF ROBBIE M. LEVIN. No. S11Y0598.Supreme Court of Georgia. DECIDED APRIL 26, 2011. PER CURIAM. This matter is before the Court on the Report and Recommendation of the special master recommending that Respondent, Robbie Page 171 M. Levin (State Bar No. 448280), be suspended for six months based on […]

368 S.E.2d 771 JACKSON v. THE STATE. 45652.Supreme Court of Georgia. DECIDED JUNE 15, 1988. WELTNER, Justice. Acting on instructions from Christopher Mapp, Lynn Jackson shot and killed Helen Wierzalis with a handgun, and wounded Rebecca Davis with the same weapon. Jackson and Mapp were indicted for murder and aggravated assault, and were convicted of […]

207 S.E.2d 475 JACKSON et al. v. INMAN. INMAN v. JACKSON et al. JACKSON et al. v. INMAN. 29026, 29054, 29066.Supreme Court of Georgia.ARGUED JUNE 25, 1974. DECIDED JULY 3, 1974. REHEARING DENIED JULY 23, 1974. PER CURIAM. These three related appeals involve contests between Chief of Police John F. Inman on one side and […]

52 S.E.2d 471 WHEELUS v. TRAMMELL. 16525.Supreme Court of Georgia. MARCH 15, 1949. ATKINSON, Presiding Justice. 1. In order to set up a prescriptive easement to a private way over the improved land of another by seven years’ uninterrupted use thereof, it is essential, under Code §§ 83-102, 83-112, and 85-1401, for the prescriber to […]

252 S.E.2d 604 WHITEWAY NEON-AD, INC. v. OPPORTUNITIES INDUSTRIALIZATION CENTER OF ATLANTA, INC. 34171.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1978. DECIDED JANUARY 24, 1979. REHEARING DENIED FEBRUARY 14, 1979. BOWLES, Justice. Certiorari was granted in this case to review the Court of Appeals’ decision in Opportunities Ind. Center of Atlanta v. Whiteway Neon-Ad, 146 Ga. […]

468 S.E.2d 30 BVT MANAGEMENT SERVICES, INC. v. MIMMS ET AL. S95A1519Supreme Court of Georgia. DECIDED JANUARY 8, 1996 PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur.

214 S.E.2d 501 CITY OF ATLANTA v. TURNER ADVERTISING COMPANY; and vice versa. 29729, 29739.Supreme Court of Georgia.ARGUED MARCH 11, 1975. DECIDED MARCH 17, 1975. NICHOLS, Chief Justice. After the City of Atlanta had adopted an ordinance declaring described real estate “needful, useful and necessary for public purposes” and authorized its purchase or condemnation, the […]

403 S.E.2d 794 MILES v. THE STATE. S91A0313.Supreme Court of Georgia. DECIDED MAY 10, 1991. BELL, Justice. Brenda Miles was convicted of malice murder and armed robbery and was sentenced to concurrent life sentences for the convictions.[1] On appeal Miles contends the evidence is insufficient to support the convictions; that the trial court erred in […]

84 S.E.2d 665 FULLER v. FULLER, administratrix. 18755.Supreme Court of Georgia.SUBMITTED OCTOBER 11, 1954. DECIDED NOVEMBER 9, 1954. A petition seeking to cancel two security deeds, which alleged that the deeds were executed without any consideration, that the deeds, though recorded, had never been delivered to the grantee, and that the defendant had never had […]

278 S.E.2d 368 MITCHELL v. FORRESTER. 37091.Supreme Court of Georgia. DECIDED MAY 26, 1981. CLARKE, Justice. Petitioner filed a petition for writ of habeas corpus in the Superior Court of Hall County. The habeas court found that none of the allegations of the petition were supported by a record, an affidavit or other evidence as […]

196 S.E.2d 872 BROWN et al. v. TRUST COMPANY OF GEORGIA et al. 27627.Supreme Court of Georgia.ARGUED DECEMBER 12, 1972. DECIDED MARCH 16, 1973. GUNTER, Justice. Trust Company of Georgia as trustee of a trust established by the will of Robert C. Turner brought an action below seeking the direction of the court as to […]

311 S.E.2d 818 IN THE MATTER OF COLLINS. SUPREME COURT DISCIPLINARY NO. 357Supreme Court of Georgia. DECIDED JANUARY 31, 1984. PER CURIAM. Collins pled guilty in the United States District Court for the Middle District of Georgia, Macon Division to the charges of failing to file a federal income tax return and of conspiracy to […]

273 S.E.2d 605 STORER BROADCASTING COMPANY v. PEEK. 36827.Supreme Court of Georgia. DECIDED JANUARY 15, 1981. JORDAN, Chief Justice. On the morning of August 5, 1980, M. Randall Peek filed a complaint against the Storer Broadcasting Company, d/b/a WAGA-TV, alleging that the “defendant did broadcast three programs on July 30, July 31, and August 1, […]

309 S.E.2d 370 DUNN v. THE STATE. 39851.Supreme Court of Georgia. DECIDED DECEMBER 5, 1983. REHEARING DENIED DECEMBER 20, 1983. GREGORY, Justice. Lonnie Carlton Dunn was convicted of the murder of Robert Allen Covey and sentenced to life imprisonment. He now appeals the denial of his motion for a new trial. The evidence presented at […]

73 S.E.2d 188 JAMES v. TARPLEY et al. 18010.Supreme Court of Georgia.ARGUED OCTOBER 15, 1952. DECIDED NOVEMBER 13, 1952. REHEARING DENIED NOVEMBER 25, 1952. HAWKINS, Justice. This case is the outgrowth of an automobile collision, which occurred on May 7, 1951, involving a car driven by A. R. James and a truck owned by M. […]

216 S.E.2d 804 PARKS v. THE STATE. 29821.Supreme Court of Georgia.ARGUED APRIL 15, 1975. DECIDED MAY 27, 1975. REHEARING DENIED JUNE 17, 1975. HILL, Justice. This is an appeal by defendant Jessie Parks following his conviction for murder and two misdemeanor pistol counts. He was sentenced to life imprisonment on the murder charge and twelve […]

104 S.E.2d 417 STURKIE v. SKINNER et al; and vice versa. 20079, 20089.Supreme Court of Georgia.ARGUED MAY 13, 1958. DECIDED JUNE 4, 1958. REHEARING DENIED JUNE 23, 1958. 1. When written notice to produce certain documents is given by a party litigant under the provisions of Code § 38-801, but where no showing by his […]

363 S.E.2d 528 GEORGIA TELEVISION COMPANY d/b/a WSB-TV et al. v. THE STATE. 45037.Supreme Court of Georgia. DECIDED JANUARY 6, 1988. RECONSIDERATION DENIED FEBRUARY 4, 1988. GREGORY, Justice. This is an appeal from a ruling by the trial court barring television cameras from the courtroom during pretrial hearings in the prosecution of George Elder Dungee. […]

481 S.E.2d 194 SCHEINFELD ET AL. v. MURRAY ET AL. S96A1553.Supreme Court of Georgia. DECIDED JANUARY 21, 1997 — RECONSIDERATION DENIED MARCH 13, 1997. BENHAM, Chief Justice. Appellant Mark Scheinfeld, a real estate developer, appeals from the trial court’s grant of summary judgment to appellees June W. Murray and her daughter in Scheinfeld’s suit which […]

5 S.E.2d 777 REESE v. REESE. 13009.Supreme Court of Georgia. NOVEMBER 20, 1939. Unless it is made to appear, upon the hearing of a contempt proceeding against a defendant for failure to pay temporary alimony and attorney’s fees, that he has in good faith exhausted all the resources at his command and has made a […]

95 S.E.2d 680 SLADE v. SLADE. 19530.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1956. DECIDED DECEMBER 5, 1956. HAWKINS, Justice. In this case the father of two minor children brought habeas corpus proceedings to obtain the custody of the children from the mother, who had been awarded custody in a divorce action between the parents in […]

303 S.E.2d 444 LAWING v. ERWIN. 39659.Supreme Court of Georgia. DECIDED JUNE 6, 1983. REHEARING DENIED JUNE 28, 1983. SMITH, Justice. These parties were formerly husband and wife and were divorced in 1973. This case concerns a collateral attack in 1982 on a 1976 judgment modifying the child support obligations of William Lawing. We reverse. […]

194 S.E.2d 102 GLASROCK PRODUCTS, INC. v. THERMO MATERIALS CORPORATION et al. 27231.Supreme Court of Georgia.ARGUED JUNE 13, 1972. DECIDED NOVEMBER 9, 1972. GUNTER, Justice. The appellant here brought an action in the court below against the appellees seeking a permanent injunction and damages. Responsive pleadings were filed by the appellees and after a considerable […]

201 S.E.2d 435 CARVER v. CARVER. 28310.Supreme Court of Georgia.SUBMITTED SEPTEMBER 28, 1973. DECIDED NOVEMBER 8, 1973. MOBLEY, Chief Justice. This is an appeal in a divorce and alimony proceeding from a judgment of the court finding the appellant, Robert Carol Carver, in contempt of court for failure to carry out the order of the […]

177 S.E.2d 678 WHITE’S WIG IMPORTS v. WIGMASTER’S IMPORT COMPANY, LTD. 26068.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED OCTOBER 8, 1970. The evidence did not show that the trade-mark of the plaintiff, which contained only geographic and generic words, had been used by it so long and exclusively that it had acquired a secondary […]

145 S.E.2d 497 MILTON FRANK ALLEN PUBLICATIONS, INC. v. GEORGIA ASSOCIATION OF PETROLEUM RETAILERS, INC. 23143.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1965. DECIDED OCTOBER 13, 1965. REHEARING DENIED NOVEMBER 4, 1965. 1. The trial court erred in sustaining the general demurrer to the petition as it is sufficient to allege a breach of contract by […]

229 S.E.2d 648 MILLER v. THE STATE. 31553.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1976. DECIDED OCTOBER 26, 1976. HILL, Justice. The appellant pled guilty to kidnapping and rape and was sentenced to twenty years in prison by the Cobb County Superior Court on May 6, 1976. A motion to withdraw his plea, filed twenty days […]

207 S.E.2d 23 DEPARTMENT OF PUBLIC SAFETY v. IRBY et al. 28663.Supreme Court of Georgia.ARGUED APRIL 9, 1974. DECIDED JUNE 13, 1974. JORDAN, Justice. This case is here on a writ of certiorari to the Court of Appeals. See Irby v. Christian, 130 Ga. App. 375 (203 S.E.2d 284). The relevant facts are as follows: […]

86 S.E.2d 221 CORBIN v. THE STATE. 18834.Supreme Court of Georgia.ARGUED JANUARY 12, 13, 1955. DECIDED FEBRUARY 16, 1955. DUCKWORTH, Chief Justice. 1. One phase of the evidence shows that the defendant and the deceased and a soldier were comparing .22 pistols, and the defendant and the deceased “got to `rasseling’ and the next thing […]

452 S.E.2d 513 IN THE MATTER OF JAMES WILLIAM WILSON. S95Y0129.Supreme Court of Georgia. DECIDED JANUARY 30, 1995. PER CURIAM. James William Wilson filed a petition for voluntary surrender of his license to practice law. In his petition, Wilson admits that he was convicted of two counts of burglary, in violation of OCGA § 16-7-1. […]

252 S.E.2d 507 COX v. COX. 34420.Supreme Court of Georgia.ARGUED JANUARY 15, 1979. DECIDED JANUARY 24, 1979. PER CURIAM. The judgment denying an upward modification of child support for the parties’ two children is supported by the evidence and is affirmed. Page 46 Judgment affirmed. All the Justices concur. ARGUED JANUARY 15, 1979 — DECIDED […]

373 S.E.2d 628 SHAW v. THE STATE. 46136.Supreme Court of Georgia. DECIDED NOVEMBER 23, 1988. CLARKE, Presiding Justice. Shaw appealed the trial court’s order denying him an out of time appeal. Shaw pled guilty to murder on March 5, 1981, and was sentenced to life imprisonment. Over seven years later he sought an out of […]

561 S.E.2d 407 COOK v. THE STATE. S01A1491.Supreme Court of Georgia. DECIDED: MARCH 25, 2002. HINES, Justice. Raynard Cook appeals his conviction for felony murder while in the commission of aggravated assault in connection with the fatal shooting of his mother, Josephine Holmes Cook. He challenges the denial of his motion for new trial on […]

249 S.E.2d 45 HOWARD v. WALKER. 33375.Supreme Court of Georgia.ARGUED APRIL 10, 1978. DECIDED OCTOBER 4, 1978. REHEARING DENIED OCTOBER 24, 1978. PER CURIAM. We originally granted certiorari in this legal malpractice case to review rulings by the Court of Appeals concerning proximate cause and expert opinion evidence as related to summary judgment. For the […]

118 S.E.2d 484 JONES v. MILLS, Warden. 21114.Supreme Court of Georgia.ARGUED JANUARY 10, 1961. DECIDED FEBRUARY 9, 1961. REHEARING DENIED FEBRUARY 23, 1961. 1. A State office can be created only by the Constitution or laws of this State. 2. A defendant in a criminal case may waive or renounce what the Constitution or law […]

468 S.E.2d 357 HOLMES v. THE STATE S96A0016Supreme Court of Georgia. DECIDED APRIL 8, 1996 FLETCHER, Presiding Justice. A jury convicted Billy Joe Holmes of felony murder and possession of a firearm by a convicted felon in the shooting death of Leverne Greene and of aggravated assault in the shooting of Alan Evans.[1] Holmes contends […]

5 S.E.2d 909 DuBOSE et al. v. GORMLEY, superintendent of banks. 12920.Supreme Court of Georgia. NOVEMBER 29, 1939. The act of 1919 (Ga. L. 1919, p. 164) as several times amended provides special proceedings for incorporating banks by the secretary of State, which include reference by the secretary of State to the State superintendent of […]

709 S.E.2d 235 TUDOR v. BRADFORD. No. S10A1654.Supreme Court of Georgia. DECIDED MARCH 25, 2011. RECONSIDERATION DENIED APRIL 12, 2011. CARLEY, Presiding Justice. On January 22, 2008, Donna Bradford petitioned the probate court of Lincoln County to probate in solemn form a will purported to be the last will and testament of her mother, Roselyn […]

302 S.E.2d 542 JOHNSON v. SMITH. 39485.Supreme Court of Georgia. DECIDED MAY 11, 1983. REHEARING DENIED MAY 11, 1983. WELTNER, Justice. Crystal L. Johnson brought habeas corpus action under OCGA §9-14-1 (b) (Code Ann. § 50-101), alleging that her infant daughter was being detained illegally from her custody by the respondent, Patricia Ann Smith. Ms. […]

69 S.E.2d 874 MOODY v. GILBERT. 17777.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1952. DECIDED MARCH 10, 1952. CANDLER, Justice. Where, as here, the judgment sought to be reviewed is one by the judge of a superior court fixing the custody of a minor child, and the record shows that the judge, before rendering the judgment […]

163 S.E.2d 823 THOMAS et al., by Guardian ad Litem v. CITIZENS SOUTHERN NATIONAL BANK, Trustee, et. al. McKEY et al., by Guardian ad Litem v. CITIZENS SOUTHERN NATIONAL BANK, Trustee, et al. CITIZENS SOUTHERN NATIONAL BANK, Trustee v. McKEY et al. McLANE, Guardian ad Litem v. CITIZENS SOUTHERN NATIONAL BANK, Trustee, et al. 24832, […]

241 S.E.2d 252 AMODEO v. AMODEO. 33013.Supreme Court of Georgia.SUBMITTED NOVEMBER 28, 1977. DECIDED JANUARY 6, 1978. UNDERCOFLER, Presiding Justice. These parties’ final judgment of divorce included a provision that “the husband will transfer and assign to the wife a first mortgage … said mortgage being in the original principle [sic] amount of $40,900. It […]

197 S.E.2d 706 ALMAROAD et al. v. GILES. 27764.Supreme Court of Georgia.SUBMITTED MARCH 12, 1973. DECIDED APRIL 16, 1973. HAWES, Justice. 1. “Since the adoption of the Civil Practice Act (Ga. L. 1966, p. 609; 1967, p. 226; Code Ann. Title 81A) a complaint need not set forth a cause of action in order to […]

27 S.E.2d 749 JOHNSON v. THE STATE. 14673.Supreme Court of Georgia. NOVEMBER 9, 1943. JENKINS, Presiding Justice. 1. “A new trial may be granted in all cases where any material evidence, not merely cumulative or impeaching in its character, but relating to new and material facts, shall be discovered by the applicant after the rendition […]

153 S.E.2d 705 WHITE v. McHAN, Warden. 23912.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1967. DECIDED FEBRUARY 23, 1967. MOBLEY, Justice. The appeal is from a judgment sustaining a general demurrer to and dismissing appellant’s petition for writ of habeas corpus brought against the warden having her in custody, which judgment she enumerates as error. Held: […]

219 S.E.2d 119 DAVID v. THE STATE. 30142.Supreme Court of Georgia.SUBMITTED JULY 14, 1975. DECIDED SEPTEMBER 16, 1975. INGRAM, Justice. The defendant was convicted of the offense of involuntary manslaughter in the Superior Court of Page 199 Jackson County and sentenced to serve a prison term of three years. The notice of appeal recites this […]

153 S.E.2d 415 KISER v. SANDERS, County School Superintendent, et al. 23804.Supreme Court of Georgia.ARGUED DECEMBER 12, 1966. DECIDED JANUARY 5, 1967. REHEARING DENIED JANUARY 19, 1967. CANDLER, Presiding Justice. This appeal is from a judgment dismissing an amended petition on general demurrer. The petition as amended sought to enjoin the Haralson County Board of […]

110 S.E.2d 649 SMITH v. MINICH. 20619.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1959. DECIDED OCTOBER 9, 1959. DUCKWORTH, Chief Justice. The petition of Virginia Folsom Minich, as remainderman, against E. Milner Smith, as life Page 387 tenant, describes the land involved and seeks forfeiture of the life estate on the grounds of waste and failure […]

223 S.E.2d 100 MIDDLETON v. MIDDLETON. 30452.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1975. DECIDED JANUARY 28, 1976. GUNTER, Justice. This appeal is from a judgment that enforced a settlement agreement in a domestic relations case. The record in this case, as well as the judgment from which the appeal is taken, shows that a settlement […]

148 S.E.2d 430 FAUST v. THE STATE (two cases). BELLEW v. THE STATE (two cases). 23317, 23318. 23319, 23320.Supreme Court of Georgia.ARGUED MARCH 14, 1966. DECIDED APRIL 7, 1966. 1. The extract from the charge with reference to the position the witness occupies was erroneous. 2. The extract from the charge which referred to entries […]

117 S.E.2d 325 BODIN et al. v. GILL et al. 21063.Supreme Court of Georgia.ARGUED OCTOBER 11, 1960. DECIDED NOVEMBER 10, 1960. HAWKINS, Justice. Mrs. Ruth Bowden Gill filed a petition on March 16, 1960, in the Superior Court of Fulton County, Georgia, against the First Christian Church, Atlanta, Georgia, Inc., Jiroud Jones, individually, and doing […]

36 S.E.2d 92 HUNTSINGER v. THE STATE. 15297.Supreme Court of Georgia. NOVEMBER 19, 1945. 1. Where death results to another from the operation of an automobile, and there was no intention to kill or to strike the deceased with such automobile, although it may have been driven at the time and place of the killing […]

509 S.E.2d 45 WHATLEY v. THE STATE. S98P1308.Supreme Court of Georgia. DECIDED DECEMBER 4, 1998. SEARS, Justice. A jury convicted Frederick Ramone Whatley of malice murder, aggravated assault (two counts), armed robbery, motor vehicle hijacking, and possession of a firearm during the commission of a crime. The jury recommended death sentences for the murder and […]

445 S.E.2d 526 McKINNON et al. v. SMOCK. S93G1738.Supreme Court of Georgia. DECIDED JULY 15, 1994. BENHAM, Presiding Justice. We granted the writ of certiorari in this interlocutory appeal to resolve discovery issues concerning the attorney-client privilege and the opinion work product doctrine.[1] McKinnon v. Smock, 209 Ga. App. 647 (434 S.E.2d 92) (1993). We […]

570 S.E.2d 313 ZAIMIS v. SHARIS S02A1200.Supreme Court of Georgia. Decided September 30, 2002 BENHAM, Justice. In 1994, Nikalaos Zaimis leased commercial premises from Anita Sharis. The first paragraph of the lease provided for a five year term and an annual rent of $5,720, payable in equal weekly installments ($110). Paragraph 21 of the lease […]

507 S.E.2d 721 LEWY v. BEAZLEY et. al. S98A1903.Supreme Court of Georgia. DECIDED OCTOBER 22, 1998. SEARS, Justice. This is an election case. Appellant Emily Lewy desired to run for a seat in the Georgia House of Representatives. Her nomination petition was rejected by the Secretary of State’s Office due to improper notarization of some […]

102 S.E.2d 547 MACON COCA-COLA BOTTLING COMPANY v. EVANS, Tax Assessor, et al. 19998.Supreme Court of Georgia.ARGUED FEBRUARY 10, 1958. DECIDED MARCH 7, 1958. DUCKWORTH, Chief Justice. 1. All persons, companies, and corporations (except utilities) conducting any business upon realty not taxable in the county in which such persons reside shall return such personal property […]

238 S.E.2d 346 OLIVER v. THE STATE. 32530.Supreme Court of Georgia.SUBMITTED JULY 15, 1977. DECIDED SEPTEMBER 7, 1977. BOWLES, Justice. Appellant has filed this direct appeal from his armed robbery conviction by a jury in the Superior Court of Tift County. He received a life sentence. We find no reversible error for any reason enumerated […]

684 S.E.2d 601 CONSTANTINO v. WARREN. No. S09A1541.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. NAHMIAS, Justice. Frank Constantino appeals from the habeas court’s denial of his petition for habeas corpus relief, in which he sought release from pre-trial detention following the trial court’s denial of his request for bail. For the reasons that follow, […]

109 S.E.2d 39 MOON v. MOON et al. 20427.Supreme Court of Georgia.ARGUED APRIL 13, 1959. DECIDED MAY 8, 1959. REHEARING DENIED JUNE 5, 1959. HAWKINS, Justice. This was an action for an accounting, filed on January 2, 1958, in the Superior Court of Elbert County, by Joseph Carroll Moon, against his father and guardian, Aubra […]

458 S.E.2d 830 HUNTER et al. v. GEORGE et al. BAKER v. GEORGE et al. S95A0910. S95A0911.Supreme Court of Georgia. DECIDED JULY 14, 1995. CARLEY, Justice. Appellants in Case No. S95A0910 are voters (Voters) of Cave Spring, a city in Floyd County, and appellant in Case No. S95A0911 is the election superintendent (Superintendent) of that […]

365 S.E.2d 408 WILLIAMS v. THE STATE. 45199.Supreme Court of Georgia. DECIDED MARCH 2, 1988. HUNT, Justice. Eric Williams was convicted by a jury of the murder of Tracy Smith, carrying a pistol without a license, and carrying a concealed weapon.[1] He was sentenced to a life term for murder and two 12-month sentences to […]

138 S.E.2d 565 VOYLES et al. v. KNIGHT et al. 22623.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1964. DECIDED OCTOBER 8, 1964. DUCKWORTH, Chief Justice. 1. As a general rule, the owner of land in fee has the right to use the property for any lawful purpose, and any claim that there are restrictions upon such […]

599 S.E.2d 128 NOWLIN v. DAVIS et al. S04A0625.Supreme Court of Georgia. DECIDED JUNE 28, 2004. RECONSIDERATION DENIED JULY 19, 2004. FLETCHER, Chief Justice. In accordance with a 1997 jury verdict, a Fulton County trial court ordered Valesta Nowlin to convey certain real estate to Pamela Davis for the sum of $17,000. Several years later […]

128 S.E.2d 328 PEARSON v. WALKER. 21833.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1962. DECIDED NOVEMBER 8, 1962. DUCKWORTH, Chief Justice. This case is in two counts for partitioning of described land (count 1) and for reformation of a deed to said property (count 2). The petition was filed in the county wherein the land lies, […]

137 S.E.2d 294 CITY OF ATLANTA v. DONALD. 22512.Supreme Court of Georgia.ARGUED JUNE 9, 1964. DECIDED JUNE 11, 1964. HEAD, Presiding Justice. Mrs. Inez E. Donald sought damages against the City of Atlanta, as the owner of the Atlanta Municipal Airport, alleging that her described property has become Page 99 unfit for habitation by reason […]

182 S.E.2d 438 THOMAS v. THOMAS. 26443.Supreme Court of Georgia.SUBMITTED APRIL 12, 1971. DECIDED JUNE 2, 1971. HAWES, Justice. Plaintiff in this case originally filed her complaint for divorce and alimony, but before the trial struck her demand for a divorce and proceeded solely on her complaint seeking permanent alimony. The trial court passed an […]

281 S.E.2d 611 COFFEY ENTERPRISES REALTY DEVELOPMENT COMPANY, INC. et al. v. DEPARTMENT OF TRANSPORTATION. 37571.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. REHEARING DENIED SEPTEMBER 29, 1981. GREGORY, Justice. The Department of Transportation condemned a tract of land in Cherokee County. Condemnees owned a mobile home trailer park located adjacent to the condemned tract. […]

281 S.E.2d 589 KELLEY v. THE STATE. GRIFFIN v. THE STATE. 37589, 37590.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1981. CLARKE, Justice. Co-defendants Griffin and Kelley were convicted of murder of Mary Worthy and sentenced to life imprisonment. Both Griffin and Kelley assign as error the trial court’s failure to grant a mistrial requested following […]

341 S.E.2d 439 HENDERSON v. THE STATE. 43044.Supreme Court of Georgia. DECIDED APRIL 9, 1986. RECONSIDERATION DENIED APRIL 23, 1986. GREGORY, Justice. Maurice “Zero” Henderson was convicted of murder,[1] arson and rape. The defendant was sentenced to consecutive terms of life imprisonment for the offenses of murder and rape, and to a consecutive term of […]

48 S.E.2d 101 BERGMAN v. DUTTON, Mayor, et al. DUTTON et al. v. BERGMAN et al. 16170, 16174.Supreme Court of Georgia. MAY 14, 1948. 1. The amendment to the charter of the Town of Savannah Beach, Tybee Island (Ga. L. 1947, p. 593), is in violation of art. 3, sec. 7, par. 15 of the […]

417 S.E.2d 129 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NOS. 1546, 1564, 1666. S92A1102.Supreme Court of Georgia. DECIDED JUNE 5, 1992. PER CURIAM. After having served as secretary to the former judge for 25 years Vivian Hammock was elected, over opposition, as Chief Magistrate of Upson County for two four-year terms commencing in […]

328 S.E.2d 702 CHERRY et al. v. HOPKINS et al. 41649.Supreme Court of Georgia. DECIDED APRIL 16, 1985. PER CURIAM. Appellants, Cherry and Mobley, filed for declaratory judgment in the Superior Court of Glynn County, seeking title to or a recreational easement in certain beachfront property. The trial court granted appellees’ motion for summary judgment […]

104 S.E.2d 106 SEABOARD AIR LINE RAILROAD COMPANY v. TAYLOR et al. 20062.Supreme Court of Georgia.ARGUED MAY 12, 1958. DECIDED JUNE 4, 1958. HAWKINS, Justice. Mrs. R. T. Taylor, Sr., and her son R. T. Taylor, Jr., filed a suit in trespass against Seaboard Air Line Railroad Company, in Stewart Superior Court, December 20, 1956, […]

30 S.E.2d 99 MULLIS v. THE STATE. 14843.Supreme Court of Georgia. MAY 2, 1944. 1. The official minutes of a meeting of the mayor and council of a municipality may be proved by the production of the original book of minutes, identified as such by the clerk of the corporation, and shown to have come […]

404 S.E.2d 112 THE STATE v. NELSON. S91A0576.Supreme Court of Georgia. DECIDED MAY 10, 1991. WELTNER, Justice. Michael Nelson was indicted for the murder of his wife, Patsy Nelson. The trial court granted Nelson’s motions to suppress, and the state appeals. 1. (a) The state contends that the trial court erred in finding that Page […]

210 S.E.2d 3 DAUGHTREY v. DAUGHTREY. 29155.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1974. DECIDED OCTOBER 8, 1974. INGRAM, Justice. This appeal is from an interlocutory order of the Superior Court of Berrien County entered on May 22, 1974, which struck the defendant’s pleadings in a divorce action for wilful failure to answer plaintiff’s interrogatories. A […]

333 S.E.2d 834 THE STATE v. MAJIA. THE STATE v. HENSLER. 42324, 42336.Supreme Court of Georgia. DECIDED SEPTEMBER 4, 1985. MARSHALL, Presiding Justice. We granted certiorari in these cases for the primary purpose of determining whether a speedy-trial provision contained in special legislation relating to the State Court of Gwinnett County must give way to […]

9 S.E.2d 67 WARE v. MOBLEY et al. 13278.Supreme Court of Georgia. MAY 15, 1940. 1. One who while an infant executes a deed to real property may in a proper case, upon reaching his majority, disapprove the act, not only as against his immediate grantee, but also as against a subsequent bona fide purchaser. […]

369 S.E.2d 744 SNELL v. SNELL. 45183.Supreme Court of Georgia. DECIDED JULY 6, 1988. BELL, Justice. In this case the appellee, C. A. Snell, sued his brother, appellant Emory Snell, to enjoin the foreclosure of certain property under a security deed that C. A. had executed in favor of Emory. C. A. also sought to […]

379 S.E.2d 783 BRUCE et al. v. GARGES et al. 46404.Supreme Court of Georgia. DECIDED JUNE 8, 1989. HUNT, Justice Eighteen years after this land registration action was originally filed, the trial court entered its final order to establish the respective Page 269 rights of the property owners on the one hand and their predecessor […]

129 S.E.2d 910 CANTRELL v. MAYOR COUNCIL OF MT. AIRY et al.; and vice versa. 21901, 21902.Supreme Court of Georgia.ARGUED JANUARY 15, 1963. DECIDED FEBRUARY 11, 1963. 1. (a) Whatever may be the scope and nature of the right of a police officer of one municipality in this State to pursue a person into another […]

399 S.E.2d 65 GEORGIA DEPARTMENT OF HUMAN RESOURCES v. PERNICE. S90A1323.Supreme Court of Georgia. DECIDED JANUARY 9, 1991. BELL, Justice. This appeal concerns whether a trial court is required to enter an income-deduction order pursuant to OCGA § 19-6-32 (a) (1),[1] in a child-support recovery action brought by the Georgia Department of Human Resources (DHR). […]

635 S.E.2d 134 LAWSON v. THE STATE. S06A0867.Supreme Court of Georgia. DECIDED SEPTEMBER 18, 2006. THOMPSON, Justice. Leo Mack Lawson was convicted by a jury of two counts of felony murder and various other offenses in connection with the shooting death of Ricky Hall.[1] For the reasons which follow, we affirm the judgments of conviction, […]

53 S.E.2d 549 WHITFIELD v. PITTS. 16607.Supreme Court of Georgia. MAY 11, 1949. 1. Under the law and the evidence, a finding was demanded that the testatrix was possessed of the requisite testamentary capacity in executing the will in question, and did so freely and voluntarily and without any undue influence being exercised upon her, […]

78 S.E.2d 785 BARDIN, TRUSTEE, v. WENDER REALTY COMPANY. 18399.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1953. DECIDED NOVEMBER 12, 1953. REHEARING DENIED NOVEMBER 25, 1953. ALMAND, Justice. It not appearing that there was any service, acknowledgment of service, or waiver of service of the bill of exceptions after its certification by the trial judge, as […]

312 S.E.2d 116 IN THE MATTER OF CROSBY. SUPREME COURT DISCIPLINARY No. 289.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1984. REHEARING DENIED FEBRUARY 28, 1984. PER CURIAM. This is a petition for reinstatement to membership in the Bar of this State brought by Abe Crosby, Jr. Petitioner was admitted to membership in the State Bar […]

127 S.E.2d 377 BURGESS v. THE STATE. 21723.Supreme Court of Georgia.SUBMITTED JULY 9, 1962. DECIDED SEPTEMBER 14, 1962. 1. The evidence amply supported the verdict finding the defendant guilty of murder. 2. The portion of the charge as to burden of proof following admission of the homicide was confusing and erroneous. 3, 4. The two […]

171 S.E.2d 500 GROSS et al. v. DEMPSEY et al. 25501.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1969. DECIDED DECEMBER 4, 1969. NICHOLS, Justice. An action in equity was filed to enjoin the transfer of a cotton allotment as well as buildings on a tract of land in Rockdale County. The plaintiffs alleged that they had […]

508 S.E.2d 145 SMITH v. THE STATE. S98A1206.Supreme Court of Georgia. DECIDED OCTOBER 26, 1998. CARLEY, Justice. After a jury trial, Mark Steven Smith was found guilty of felony murder while in the commission of a robbery, robbery, and motor vehicle theft. Merging the robbery count into the felony murder count, the trial court sentenced […]

410 S.E.2d 30 PRUDENTIAL COMMERCIAL INSURANCE COMPANY et al. v. MICHIGAN MUTUAL INSURANCE COMPANY. S91Q0727.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1991. SMITH, Presiding Justice. These questions are before us on certification from the United States Court of Appeals for the Eleventh Circuit. The appellant, Prudential Commercial Insurance Company (Prudential), as statutory subrogee of Charlotte, […]