Category: Georgia Supreme Court Opinions

163 S.E.2d 710 MATHEWS v. MATHEWS. 24758.Supreme Court of Georgia.SUBMITTED JULY 9, 1968. DECIDED SEPTEMBER 24, 1968. REHEARING DENIED OCTOBER 10, 1968. ALMAND, Presiding Justice. John J. Mathews, pro se, brought a petition in the Superior Court of Clayton County naming the said superior court and Miss Ruby Leontine Mathews as defendants and seeking to […]

14 S.E.2d 443 WRIGHT v. CITY OF METTER. 13655.Supreme Court of Georgia. APRIL 18, 1941. 1. The plaintiff, seeking to enjoin enforcement of execution levied on his property for paving assessment, was properly held barred by laches, where, with notice from the municipality of intention to do the paving under appropriate resolution and of the […]

132 S.E.2d 30 GETER v. THE STATE. 22035.Supreme Court of Georgia.ARGUED MAY 13, 1963. DECIDED JUNE 18, 1963. 1. Where the evidence discloses that the defendant wilfully and wantonly violates statutes designed to insure the safety of the Page 126 traveling public on the thoroughfares of the State and the natural and probable result of […]

87 S.E.2d 846 FLOYD, Commissioner, et al. v. THOMAS. 18943.Supreme Court of Georgia.SUBMITTED MAY 9, 1955. DECIDED JUNE 14, 1955. DUCKWORTH, Chief Justice. 1. A court of equity, at the instance of citizens and taxpayers of a county, may enjoin the county commissioners from carrying into effect an unauthorized order or illegal contract. Dancer v. […]

146 S.E.2d 313 HODGES v. HODGES et al. 23185.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1965. DECIDED DECEMBER 8, 1965. The petition alleged a cause of action to establish an implied trust and for injunction and accounting. Hence, it should not have been dismissed upon general demurrer. SUBMITTED NOVEMBER 9, 1965 — DECIDED DECEMBER 8, 1965. […]

31 S.E.2d 651 FELTON BEAUTY SUPPLY COMPANY INC. v. LEVY. No. 14951.Supreme Court of Georgia.SEPTEMBER 8, 1944. REHEARING DENIED OCTOBER 7, 1944. A contract of employment containing restrictive provisions as to the right of the employee to work for a competitor of the employer in the territory within one year after termination of the employment, […]

687 S.E.2d 421 LAWRENCE v. LAWRENCE. No. S09A1370.Supreme Court of Georgia. DECIDED NOVEMBER 9, 2009. RECONSIDERATION DENIED DECEMBER 15, 2009. NAHMIAS, Justice. This appeal involves the validity and enforceability of an antenuptial agreement.[1] The wife challenged the agreement on two grounds: (1) OCGA § 19-3-63 renders the antenuptial agreement void as a “marriage contract . […]

715 S.E.2d 110 DARVILLE v. THE STATE. No. S11A0993.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 2011. THOMPSON, Justice. Appellant Ryan Darville appeals from the denial of his motion for new trial following his conviction for the malice murder of Tommy Canavan and other related crimes.[1] After reviewing the Page 699 record, we reverse Darville’s conviction […]

134 S.E.2d 1 DYSON et al. v. DIXON et al. 22224.Supreme Court of Georgia.ARGUED OCTOBER 14, 1963. DECIDED NOVEMBER 7, 1963. QUILLIAN, Justice. The instant case comes to this court on exceptions to the sustaining of general demurrers to a petition seeking cancellation of a deed and specific performance of a contract. The controversy arose […]

22 S.E.2d 807 DANIEL v. ETHEREDGE et al. 14154.Supreme Court of Georgia. NOVEMBER 12, 1942. Where the answer “by way of cross-bill” to a petition contained no plea of set-off or prayer for affirmative relief, it was error to sustain an objection to the plaintiff’s dismissal of her action. The subsequent trial was nugatory. No. […]

87 S.E.2d 78 GORDON COUNTY BROADCASTING COMPANY v. CHITWOOD. 18911.Supreme Court of Georgia.ARGUED MARCH 14, 1955. DECIDED APRIL 11, 1955. HAWKINS, Justice. 1. Where, as here, the owner of a two-story building, who operates on the ground floor thereof a retail store, seeks by his petition to enjoin his tenant, a corporation, to which he […]

354 S.E.2d 421 CHASTAIN v. THE STATE. 43947.Supreme Court of Georgia. DECIDED APRIL 8, 1987. RECONSIDERATION DENIED APRIL 29, 1987. CLARKE, Presiding Justice. We granted certiorari in this case to consider the issue of whether the trial court was within its discretion in restricting cross-examination of the victim in a child molestation case. The Court […]

439 S.E.2d 482 FAIRBURN BANKING COMPANY v. GAFFORD et al. S93A1269.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1994. BENHAM, Justice. After this court affirmed without opinion the judgment against appellant (Fairburn Banking Co. v. Gafford, 262 Ga. XXVIII (1992)), appellees filed a motion in the trial court for attorney fees pursuant Page 793 to OCGA […]

454 S.E.2d 780 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 94-70. S95A0967.Supreme Court of Georgia. DECIDED MARCH 17, 1995. RECONSIDERATION DENIED MARCH 30, 1995. PER CURIAM. Following an investigation and formal hearing, the Judicial Qualifications Commission (“JQC”) recommended that respondent Judge Linda O’Neal, Chief Magistrate of Peach County, be removed from office. We […]

108 S.E.2d 710 COOK et al. v. HUCKABEE TRANSPORT CORPORATION. 20406.Supreme Court of Georgia.ARGUED MARCH 10, 1959. DECIDED APRIL 9, 1959. REHEARING DENIED MAY 8, 1959. 1. Where an employer, with knowledge of the facts, files charges in a labor dispute against his employees with the National Labor Relations Board, a voluntary dismissal of the […]

162 S.E.2d 314 ROBINSON et al. v. McLENNAN et al. ALDREDGE et al. v. McLENNAN et al.; and vice versa. 24650. 24651, 24652.Supreme Court of Georgia.SUBMITTED MAY 16, 1968. DECIDED JUNE 20, 1968. NICHOLS, Justice. Alex McLennan, a citizen, resident and taxpayer of Atlanta, Fulton County, Georgia, filed an equitable petition seeking to enjoin the […]

244 S.E.2d 851 JOHNSON v. ALLSTATE INSURANCE COMPANY et al.; and vice versa. 33392, 33394.Supreme Court of Georgia.ARGUED MARCH 15, 1978. DECIDED APRIL 18, 1978. UNDERCOFLER, Presiding Justice. Appellant sought to set aside for fraud an agreement for workmen’s compensation entered into on November 4, 1974, and an agreement dated February 5, 1976, showing he […]

119 S.E.2d 578 PELHAM FEDERAL SAVINGS LOAN ASSOCIATION v. WILLIAMS, Tax Collector, et al. 21187.Supreme Court of Georgia.ARGUED MARCH 13, 1961. DECIDED APRIL 6, 1961. Where a federal savings and loan association returns for taxation its real estate at a value of $12,500, this amount is the amount deductible from the net market value of […]

188 S.E.2d 498 CALHOUN v. CALDWELL. 27032.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1972. DECIDED MARCH 9, 1972. Since no error was committed in the habeas corpus proceeding, it was proper to deny the writ and remand the petitioner to the custody of the warden. SUBMITTED FEBRUARY 14, 1972 — DECIDED MARCH 9, 1972. Habeas corpus. […]

283 S.E.2d 262 INSILCO CORPORATION v. FIRST NATIONAL BANK OF DALTON. 37058.Supreme Court of Georgia. DECIDED OCTOBER 15, 1981. SMITH, Justice. We granted certiorari to determine whether the doctrine of promissory estoppel is viable in Georgia. The Court of Appeals held that, since “the defendant’s acquiescence in [the plaintiff’s] request … related to a future […]

161 S.E.2d 292 HOUSING AUTHORITY OF THE CITY OF ATLANTA v. HINDMAN et al.; and vice versa. 24542, 24543.Supreme Court of Georgia.ARGUED MARCH 13, 1968. DECIDED APRIL 9, 1968. FRANKUM, Justice. The main appeal in this case is from certain portions of two orders of the trial court, one overruling the condemnor’s demurrers to the […]

224 S.E.2d 925 STACEY v. SPIVEY (three cases). 30809, 30810, 30811.Supreme Court of Georgia.ARGUED FEBRUARY 10, 1976. DECIDED APRIL 20, 1976. JORDAN, Justice. These three appeals arise from litigation between the appellee-mother and appellant-father concerning the custody of their minor child. The mother has filed a motion to dismiss the first appeal (No. 30809) because […]

171 S.E.2d 284 MADDOX et al. v. THREATT et al. 25457.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1969. DECIDED NOVEMBER 12, 1969. 1. There is no merit in the contention that the complaint failed to state a claim upon which relief could be granted. 2. The evidence was conflicting, and the trial judge did not err […]

603 S.E.2d 236 PHELPS v. THE STATE. S04A0704.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 2004. FLETCHER, Chief Justice. William Herbert Phelps was convicted of malice murder and concealing a death in connection with the beating death of Jeffrey Valdez.[1] Phelps appeals, contending that the evidence was insufficient. Because the record demonstrates that the evidence was […]

138 S.E.2d 881 FERGUSON v. THE STATE. 22607.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1964. DECIDED OCTOBER 19, 1964. REHEARING DENIED NOVEMBER 5, 1964. QUILLIAN, Justice. Billy Ferguson, convicted of murdering Luke A. Brown with a certain pistol, filed an extraordinary motion for new trial alleging the discovery of material evidence subsequent to the trial. The […]

327 S.E.2d 487 OPATUT et al. v. GUEST POND CLUB, INC. 41800.Supreme Court of Georgia. DECIDED MARCH 15, 1985. REHEARING DENIED MARCH 29, 1985 AND APRIL 16, 1985. SMITH, Justice. Appellee, Guest Pond Club, Inc., requested the Superior Court of Atkinson County to hold appellants, the owners of a chicken farm, in contempt of a […]

238 S.E.2d 886 DEPARTMENT OF NATURAL RESOURCES et al. v. AMERICAN CYANAMID COMPANY. 32579.Supreme Court of Georgia.ARGUED JULY 13, 1977. DECIDED SEPTEMBER 27, 1977. NICHOLS, Chief Justice. The Department of Natural Resources appeals from an order of the Superior Court of Fulton County enjoining it from conducting any further administrative review of a prior decision […]

94 S.E.2d 377 ETHRIDGE v. ECHOLS. 19425.Supreme Court of Georgia.SUBMITTED JULY 9, 1956. DECIDED SEPTEMBER 7, 1956. MOBLEY, Justice. The plaintiff, former wife of the defendant, brought her petition in Fulton Superior Court, praying that the defendant be adjudged Page 598 in contempt of court for failing to obey the terms of a judgment and […]

402 S.E.2d 719 GEE v. THE STATE. HOLCOMB v. THE STATE. S91A0140, S91A0141.Supreme Court of Georgia. DECIDED APRIL 11, 1991. HUNT, Justice. Wanda Gee and U. J. Holcomb were jointly tried by a jury and convicted of the malice murder, armed robbery, and aggravated assault of Ben Helton. Each was given consecutive life sentences for […]

164 S.E.2d 559 INDEPENDENT PUBLISHING COMPANY v. HAWES, Commissioner. 24844.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1968. DECIDED NOVEMBER 7, 1968. FRANKUM, Justice. The revenue commissioner assessed sales and use taxes against Independent Publishing Company. The company appealed to the Superior Court of Fulton County, which granted the commissioner’s motion for a summary judgment on the […]

131 S.E.2d 775 RUSHING v. BASHLOR, Administrator. 22038.Supreme Court of Georgia.SUBMITTED MAY 13, 1963. DECIDED MAY 29, 1963. REHEARING DENIED JUNE 18, 1963. DUCKWORTH, Chief Justice. This case involves an equitable action in two counts to set aside and cancel a deed on the grounds of mental incapacity of the grantor in the execution of […]

478 S.E.2d 134 IN THE MATTER OF FREDRICK J. HENLEY, JR. S96Y1735.Supreme Court of Georgia. DECIDED DECEMBER 5, 1996. PER CURIAM. This disciplinary matter concerns the appropriate sanction for violations of Standard 30 of Bar Rule 4-102 (d), involving an attorney’s representation of a client where the attorney has a financial or personal interest which […]

257 S.E.2d 539 HUTSON et al v. STONER. 34956.Supreme Court of Georgia.ARGUED JUNE 12, 1979. DECIDED JULY 2, 1979. REHEARING DENIED JULY 17, 1979. PER CURIAM. This is an appeal from the judgment of the trial court granting appellee’s petition for habeas corpus in an extradition proceeding. In October, 1977, the Governor of the State […]

111 S.E.2d 88 WILLIAMS v. GUNBY et al., Commissioners; and vice versa. 20627, 20673.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. ALMAND, Justice. The main and cross-bills of exceptions are companion cases to cases Nos. 20630 and 20672, ante. All of the rulings therein made are controlling […]

587 S.E.2d 605 COOPER v. THE STATE. S03A1255.Supreme Court of Georgia. DECIDED OCTOBER 6, 2003. RECONSIDERATION DENIED NOVEMBER 7, 2003. HINES, Justice. Carey Don Cooper appeals his conviction for driving under the influence of cocaine.[1] He makes a constitutional challenge to the provision in OCGA § 40-5-55 (a), the implied consent statute, requiring chemical testing […]

448 S.E.2d 217 IN THE MATTER OF FREDRIC W. TOKARS. No. S94Y1654.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 1994. PER CURIAM. Fredric W. Tokars filed a petition for voluntary suspension of his license pending the appeal of his criminal conviction. On April 8, 1994, Tokars was found guilty of eight counts relating to racketeering, money […]

122 S.E.2d 82 HICKS v. HICKS. 21340.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1961. DECIDED OCTOBER 5, 1961. GRICE, Justice. The motion here seeking to set aside and vacate the verdict and judgment required a test of the sufficiency of the evidence. No motion for new trial or its equivalent, supported by a brief of the […]

48 S.E.2d 451 HOWARD et al. v. HOWARD. 16197.Supreme Court of Georgia. MAY 12, 1948. REHEARING DENIED JUNE 18, 1948. JENKINS, Chief Justice. In an equitable proceeding to cancel a deed and for injunction to restrain the cutting of timber upon the land in controversy, the defendant, while submitting to the restraining order, invoked the […]

277 S.E.2d 249 CLEVELAND v. CLEVELAND. 36963.Supreme Court of Georgia. DECIDED APRIL 8, 1981. Judgment affirmed without opinion pursuant to Rule 59 (1). All the Justices concur. DECIDED APRIL 8, 1981. Probate of will. Rockdale Superior Court. Before Judge Henley. Jesse Cleveland, pro se. Clyde Eberhardt, C. W. Milam, Joseph S. Crespi, for appellee.

437 S.E.2d 315 SOUTHEASTERN STAGES, INC. et al. v. STRINGER et al. TRAVEL, INC. v. STRINGER et al. S93G0759, S93G0763.Supreme Court of Georgia. DECIDED DECEMBER 2, 1993. RECONSIDERATION DENIED DECEMBER 16, 1993. HUNSTEIN, Justice. Walker L. Stringer, Jr. purchased a bus ticket in Augusta from Travel, Inc. of South Carolina on June 13, 1989 and […]

181 S.E.2d 365 LASHLEY v. SMITH. 26413.Supreme Court of Georgia.SUBMITTED MARCH 8, 1971. DECIDED APRIL 8, 1971. ALMAND, Chief Justice. This appeal is from an order in a habeas corpus proceeding remanding the appellant to the custody of the warden of the Georgia State Prison. In his petition for the writ of habeas corpus, appellant […]

65 S.E.2d 412 WILLIAMS v. THOMAS COUNTY et al. 17442.Supreme Court of Georgia.SUBMITTED APRIL 10, 1951. DECIDED MAY 15, 1951. REHEARING DENIED JUNE 13, 1951. 1. In an action of ejectment, where the parties claimed title to the premises under conveyances from a common grantor, it was not error for the court to refuse to […]

34 S.E.2d 705 ESPY et al. v. PRESTON et al. 15165.Supreme Court of Georgia. JULY 9, 1945. BELL, Chief Justice. 1. “Where the question under examination, and to be decided by the jury, shall be one of opinion, any witness may swear to his opinion or belief, giving his reasons therefor.” Code, § 38-1708. “Sanity […]

94 S.E.2d 702 STYLES et al. v. WATERS et al. 19421.Supreme Court of Georgia.ARGUED JULY 9, 1956. DECIDED SEPTEMBER 7, 1956. REHEARING DENIED OCTOBER 11, 1956. Where a writ of mandamus absolute issued against the members of a board of education, requiring them to perform certain acts in their official capacity, and a majority of […]

274 S.E.2d 468 THE STATE v. KNOWLES et al. 37062.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1981. REHEARING DENIED MARCH 3, 1981. UNDERCOFLER, Justice. The question in this certiorari is whether these defendants are entitled to a new trial because the court reporter claims she could not certify a completely accurate[1] transcript of the composite […]

275 S.E.2d 49 CLARKE v. ZANT. 36805.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1981. CLARKE, Justice. Clarke and two co-defendants were tried and convicted of armed robbery in Fulton County in 1979. The convictions were upheld i Aiken v. State, 152 Ga. App. 662 (264 S.E.2d 336) (1979). Clarke represented himself during the armed robbery […]

409 S.E.2d 509 EASON v. FARMER et al.; and vice versa. S91A1052, S91X1053.Supreme Court of Georgia. DECIDED OCTOBER 18, 1991. RECONSIDERATION DENIED NOVEMBER 15, 1991. BENHAM, Justice. Mrs. Eason filed a complaint in equity in which she sought to impress an implied trust upon certain real property to which the Farmers, her daughter and son-in-law, […]

422 S.E.2d 185 DOSS v. THE STATE. S92A0961.Supreme Court of Georgia. DECIDED OCTOBER 30, 1992. CLARKE, Chief Justice. Theodis Doss stabbed and killed Robert Wallace in a tavern in Fulton County. Doss was indicted on and convicted of malice murder and felony murder.[1] Doss and Wallace had an argument in the tavern the night before […]

171 S.E.2d 501 JACKSON v. THE STATE. 25435.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1969. DECIDED DECEMBER 4, 1969. 1. There was no error in denying the motion to change the venue for the trial of this case. 2. There was no error in refusing to allow the defendant or his counsel to appear before the […]

602 S.E.2d 588 FRAZIER v. THE STATE. S04A0695.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. HUNSTEIN, Justice. Van Lee Frazier was convicted of felony murder in the strangling death of his wife, Lorraine Hendrix Frazier. He appeals from the denial of his motion for new trial.[1] Finding no error, we affirm. 1. The jury was […]

515 S.E.2d 151 JACKSON et al. v. BIBB COUNTY SCHOOL DISTRICT et al. S99A0153.Supreme Court of Georgia. DECIDED: APRIL 12, 1999 THOMPSON, Justice. Appellants are members of the Bibb County Citizens for Fiscal Responsible Government, who filed suit to enjoin appellee Bibb County School District from closing a contract for the purchase of 130 acres […]

31 S.E.2d 6 BENTON et al. v. PITTARD. commissioner, et al. 14860.Supreme Court of Georgia. JULY 6, 1944. The petition stated a cause of action for injunction to restrain the county commissioners from establishing and operating a public clinic for treatment of venereal diseases, in a distinctly residential section and in close proximity to the […]

41 S.E.2d 158 CONNER et al. v. WRIGHT. 15652.Supreme Court of Georgia. JANUARY 8, 1947. The trial court properly sustained the demurrer to the petition as amended. No. 15652. JANUARY 8, 1947. Complaint for land. Before Judge Porter. Chattooga Superior Court. August 31, 1946. The allegations of the petition are sufficiently stated i Wright v. […]

408 S.E.2d 704 HILLTOP TERRACE, LTD. v. BAKER et al. S91A0807.Supreme Court of Georgia. DECIDED OCTOBER 3, 1991. CLARKE, Chief Justice. Following a dispute over the boundary line of their adjacent properties, appellant filed suit against appellee Baker seeking injunctive relief and damages for trespass. Baker counterclaimed for damages, alleging trespass. Baker’s uncle, appellee Osby […]

88 S.E.2d 368 HOUSING AUTHORITY OF CITY OF CARROLLTON v. AYERS et al. 18940.Supreme Court of Georgia.ARGUED MAY 9, 1955. DECIDED JULY 13, 1955. 1. While the plaintiff in a mandamus action must have a clear legal right to have performed the particular act which he seeks to have enforced (Powell v. Hansard, 206 Ga. […]

631 S.E.2d 374 STANFIELD et al. v. GLYNN COUNTY et al. WASTE MANAGEMENT OF GEORGIA, INC. v. STANFIELD et al. S06A0452, S06X0453.Supreme Court of Georgia. DECIDED JUNE 12, 2006. RECONSIDERATION DENIED JULY 14, 2006. CARLEY, Justice. Pursuant to building permits issued from 1992 to 1997, Waste Management of Georgia, Inc. (Waste Management) operates a solid […]

138 S.E.2d 670 JOHNSTON v. FIRST NATIONAL BANK OF BRUNSWICK, Trustee. 22645.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1964. DECIDED OCTOBER 19, 1964. Service of the bill of exceptions in the manner prescribed by Code Ann. § 6-911 is mandatory, and in the absence of such service, acknowledgment or waiver of the same, this court is […]

107 S.E.2d 651 STARLING v. STARLING. 20372.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1959. DECIDED MARCH 6, 1959. CANDLER, Justice. The plaintiff and the defendant in this case were formerly husband and wife. While thus living together and during 1948, they acquired jointly and equally a house and lot in the City of Summerville, Chattooga County, […]

156 S.E.2d 93 DUTTON, Warden v. MIMS. 24125.Supreme Court of Georgia.SUBMITTED JUNE 12, 1967. DECIDED JUNE 22, 1967. DUCKWORTH, Chief Justice. The lower court, having heard the evidence of the prisoner-applicant that he was only fifteen years of age at the time of his trial, that he was an orphan, unaware of his constitutional rights […]

9 S.E.2d 259 FUDGE v. THE STATE. 13144.Supreme Court of Georgia. MAY 23, 1940. 1. The mere fact that the name of one of the jurors who convicted the accused was not on the jury-list is not cause for a new trial, when the point is raised for the first time after verdict. If the […]

243 S.E.2d 78 LAWRENCE v. THE STATE. 32986.Supreme Court of Georgia.SUBMITTED NOVEMBER 11, 1977. DECIDED MARCH 10, 1978. JORDAN, Justice. Monroe Lawrence was convicted of the murder of Joe William Manning, sentenced to life imprisonment and appeals. The evidence showed that on May 19, 1975, the Page 37 appellant, his brother and father were in […]

74 S.E.2d 737 McENTYRE et al. v. ADAMS et al; et vice versa. 18043, 18047.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1953. DECIDED FEBRUARY 24, 1953. 1. The judgment of the court below overruling the motion for new trial on the general grounds was not error. 2. There is no merit in the special grounds of […]

582 S.E.2d 1 WILLIAMS v. CONERLY et al, STACEY v. CONERLY et al. S03A0043. S03A0044.Supreme Court of Georgia. Decided: June 2, 2003 SEARS, Presiding Justice. Appellants Helen Stacy and Mary Williams appeal from a judgment in a partitioning action filed against them by appellees Emaly Conerly, Robert Culpepper, India Dennis, and James Culpepper. Appellee C. […]

204 S.E.2d 136 BAKER v. TANNER. 28503.Supreme Court of Georgia.SUBMITTED DECEMBER 14, 1973. DECIDED JANUARY 28, 1974. REHEARING DENIED FEBRUARY 18, 1974. UNDERCOFLER, Justice. J. S. Baker filed an application for the writ of habeas corpus in the Superior Court of Bacon County against Russell Tanner as sheriff. The district attorney moved to dismiss the […]

247 S.E.2d 843 In the Interest of D. B. A. 33911.Supreme Court of Georgia.SUBMITTED AUGUST 4, 1978. DECIDED SEPTEMBER 5, 1978. UNDERCOFLER, Presiding Justice. This appeal is from a finding of delinquency for violation of Code Ann. § 68A-808, “Racing on highways and streets.” We affirm. Section (a) in its entirety and the first definition […]

142 S.E.2d 832 MASSEY v. THE STATE. 22904.Supreme Court of Georgia.ARGUED APRIL 12, 1965. DECIDED MAY 6, 1965. 1. Under the Act of 1956 (Ga. L. 1956, p. 737) where a defendant pleads guilty to a capital offense, the trial judge is authorized in the exercise of his discretion, but is not required, to impose […]

216 S.E.2d 82 FORBES v. RICKETTS. 29845.Supreme Court of Georgia.SUBMITTED APRIL 21, 1975. DECIDED APRIL 29, 1975. NICHOLS, Chief Justice. This appeal is from a judgment of the Superior Court of Butts County dismissing a complaint designated as a petition for writ of habeas corpus. The sole complaint of the prisoner relates to an alleged […]

225 S.E.2d 908 JACKSON v. THE STATE. 31008.Supreme Court of Georgia.SUBMITTED APRIL 5, 1976. DECIDED MAY 18, 1976. UNDERCOFLER, Presiding Justice. Appellant was convicted of murder and armed robbery. He was sentenced to two terms of life imprisonment to run consecutively Held: 1. Appellant’s incriminating statements made during in-custody interrogation after indictment and before counsel […]

90 S.E.2d 553 PHILLIPS et al. v. WILSON et al. 19130.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1955. DECIDED NOVEMBER 14, 1955. 1. It was not error to allow the amendment to the petition. 2. The petition and the evidence were insufficient to identify the lands sought to be recovered. SUBMITTED OCTOBER 10, 1955 — DECIDED […]

262 S.E.2d 89 IN THE MATTER OF MITCHELL. SUPREME COURT DISCIPLINARY NO. 57.Supreme Court of Georgia. DECIDED NOVEMBER 26, 1979. NICHOLS, Chief Justice. After probable cause investigation, the State Bar of Georgia brought its formal multi-count complaint against Freeman Mitchell, attorney at law, alleging that he had violated Standards Nos. 4 and 45(a) of Rule […]

31 S.E.2d 655 HARTLEY, administratrix, et al. v. HARTLEY et al. 14990.Supreme Court of Georgia. OCTOBER 4, 1944. JENKINS, Presiding Justice. 1. “Duplicity in pleading on the part of a plaintiff consists, not in asserting a right to and praying for relief inappropriate to the cause of action set forth in his petition, but in […]

199 S.E.2d 808 TRUSLOW v. TRUSLOW. 28099.Supreme Court of Georgia.SUBMITTED JULY 20, 1973. DECIDED SEPTEMBER 5, 1973. It was error to allow attorney fees to a former wife in her action to set aside a divorce decree. SUBMITTED JULY 20, 1973 — DECIDED SEPTEMBER 5, 1973. Motion to set aside divorce decree. Cobb Superior Court. […]

232 S.E.2d 238 WILLIAMS v. THE STATE. 31708.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1976. DECIDED JANUARY 4, 1977. REHEARING DENIED JANUARY 27, 1977. NICHOLS, Chief Justice. Appellant was indicted for kidnapping with bodily harm, aggravated assault, motor vehicle theft and simple battery. The jury found appellant guilty on all counts; his motion for new trial […]

614 S.E.2d 775 BERNOCCHI et al. v. FORCUCCI. S05A0483.Supreme Court of Georgia. DECIDED JUNE 16, 2005. BENHAM, Justice. In this appeal, we are called upon to review the propriety of the trial court’s issuance of injunctive relief and the trial court’s disqualification of counsel from simultaneously representing the corporate appellants and the individual appellant. We […]

219 S.E.2d 447 GILMAN PAPER COMPANY v. JAMES. 30202.Supreme Court of Georgia.ARGUED SEPTEMBER 3, 1975. DECIDED OCTOBER 1, 1975. REHEARING DENIED OCTOBER 16, 1975. INGRAM, Justice. This litigation began with an equitable complaint filed by the appellee in the Superior Court of Clinch County, alleging that appellant had wilfully and maliciously entered upon the appellee’s […]

271 S.E.2d 458 HOERNER v. THE STATE. 36305.Supreme Court of Georgia.ARGUED JULY 7, 1980. DECIDED SEPTEMBER 5, 1980. REHEARING DENIED SEPTEMBER 23, 1980. JORDAN, Presiding Justice. Christopher Hoerner was convicted in the Dawson Superior Court of armed robbery and malice murder, and given consecutive life sentences. He appeals. We affirm. 1. Hoerner notes that armed […]

165 S.E.2d 708 PINION v. THE STATE. 24957.Supreme Court of Georgia.ARGUED DECEMBER 9, 1968. DECIDED JANUARY 9, 1969. REHEARING DENIED JANUARY 23, 1969. DUCKWORTH, Chief Justice. This is a companion case to Park v. State, 224 Ga. 467 (162 S.E.2d 359), and arises out of the trial of an alleged co-conspirator for the murder of […]

277 S.E.2d 655 BLALOCK v. BLALOCK. 37130.Supreme Court of Georgia. DECIDED APRIL 30, 1981. GREGORY, Justice. The parties in this action were divorced in DeKalb County in July, 1974. The wife is now a resident of Charleston, South Carolina. The husband has remarried and resides in Madison County, Georgia. By agreement between the parties, incorporated […]

184 S.E.2d 566 HARKNESS v. HARKNESS. 26682.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1971. DECIDED OCTOBER 8, 1971. 1. The trial court correctly charged as follows: “In order for the denial of conjugal rights to afford rights for the divorce, the plaintiff must show that there was such a denial, that it was wilful, persistent and […]

297 S.E.2d 473 SINGER v. HABIF, AROGETI WYNNE, P.C. 38878.Supreme Court of Georgia. DECIDED DECEMBER 1, 1982. BELL, Justice. This case is on appeal from an order of the DeKalb County Superior Court granting a preliminary injunction enjoining Singer, a certified public accountant, from soliciting any accounting business from any current clients of his former […]

315 S.E.2d 417 LEE v. PACE. 40768.Supreme Court of Georgia. DECIDED MAY 15, 1984. CLARKE, Justice. The parties in this case were divorced in 1979 in Upson County, Georgia, and former wife (Mrs. Pace) was given custody of the children. In 1981 the final judgment and decree was modified to give custody to former husband […]

285 S.E.2d 707 HARVEY v. KING et al.; and vice versa. 37797, 37798.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. REHEARING DENIED FEBRUARY 3, 1982. JORDAN, Chief Justice. This appeal and the cross-appeal raise procedural issues under Georgia’s “Fair Dismissal Law.” Ga. L. 1975, p. 360. Code Ann. § 32-2101c et seq. Lois M. Harvey, […]

242 S.E.2d 134 WARD v. JARVIS. 33065.Supreme Court of Georgia.SUBMITTED DECEMBER 9, 1977. DECIDED FEBRUARY 7, 1978. MARSHALL, Justice. This is an appeal from the denial of an application for habeas corpus which sought the appellant’s release from extradition proceedings initiated by Alabama. 1. The appellant contends that the previous dismissal of the fugitive warrant […]

128 S.E.2d 153 YOUMANS et al. v. HAMILTON, Tax Assessor, et al.; and vice versa. 21826, 21827.Supreme Court of Georgia.ARGUED OCTOBER 8, 1962. DECIDED OCTOBER 10, 1962. CANDLER, Justice. This case involves personal property to which an exemption of $300 applies and is controlled by the decision this day rendered on the main bill of […]

527 S.E.2d 177 BLAIR v. BLAIR. S99A1459.Supreme Court of Georgia. DECIDED: FEBRUARY 21, 2000. HINES, Justice. We granted ex-wife, Ms. Blair, discretionary appeal to determine whether the trial court’s award, entered pursuant to her contempt action against her ex-husband, properly reflected the amount Ms. Blair should have received to compensate her for her ex-husband’s failure […]

300 S.E.2d 152 CARTER v. BECTON et al. 39231.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1983. REHEARING DENIED MARCH 9, 1983. MARSHALL, Presiding Justice. Joe Graham, owner of an 8 1/2-acre tract of land in Chatham County, died in 1926. He lived on the property with his niece and nephew, Diane Carter and Primus Carter, […]

668 S.E.2d 709 ARKWRIGHT v. ARKWRIGHT. No. S08F1399.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. MELTON, Justice. On January 19, 2007, Evelina Carmela Arkwright (“Wife”) filed for divorce from Dennis Eugene Arkwright (“Husband”) in the Superior Court of DeKalb County. Following an October 10, 2007 bench trial at which Husband and his attorney failed to […]

642 S.E.2d 679 BANKS v. THE STATE. No. S06A1560.Supreme Court of Georgia. DECIDED MARCH 19, 2007. HINES, Justice. Genous D. Banks appeals his convictions for malice murder and theft by taking a motor vehicle, in connection with the death of Johnny Jerome North. For the reasons that follow, we affirm.[1] 1. Banks asserts that the […]

212 S.E.2d 357 SPENCE v. THE STATE. 29587.Supreme Court of Georgia.ARGUED JANUARY 16, 1975. DECIDED JANUARY 28, 1975. NICHOLS, Chief Justice. David Omer Spence was indicted in a multiple count Page 528 indictment for the murder of Nolan Leon Cummings “by then and there shooting the said Nolan Leon Cummings with a pistol …” and […]

687 S.E.2d 585 LEGGETTE v. LEGGETTE. No. S09A1503.Supreme Court of Georgia. DECIDED NOVEMBER 9, 2009. RECONSIDERATION DENIED DECEMBER 15, 2009. THOMPSON, Justice. This marks the second appearance of this case before this Court. Previously, in Leggette v. Leggette, 284 Ga. 432 (668 SE2d 251) (2008), we affirmed the final decree of divorce between Lester and […]

695 S.E.2d 21 JONES v. FOSTER. No. S10A0278.Supreme Court of Georgia. DECIDED MAY 3, 2010. HUNSTEIN, Chief Justice. Appellant Nevis Jones appeals the trial court’s denial of her motion for contempt and emergency change of custody. Given the lack of a transcript from the hearing on the motion, we find no error and therefore affirm. […]

201 S.E.2d 441 DEPARTMENT OF TRANSPORTATION v. HARDIN et al. 28311.Supreme Court of Georgia.ARGUED OCTOBER 9, 1973. DECIDED NOVEMBER 8, 1973. Where a limited access highway is constructed where no highway has been established, the landowner whose property is taken as a right of way for the highway does not have a right of access […]

157 S.E.2d 734 PRATHER v. THE STATE. 24316.Supreme Court of Georgia.ARGUED OCTOBER 9, 1967. DECIDED OCTOBER 20, 1967. DUCKWORTH, Chief Justice. 1. Obviously an objection to the State using a witness whose name had not been furnished the defendant, in the absence of a prior demand for a list of witnesses, apparently predicated upon Code […]

253 S.E.2d 168 CONLOGUE v. THE STATE. 34067.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1978. DECIDED FEBRUARY 15, 1979. MARSHALL, Justice. The appellant and two accomplices were separately indicted on one count of murder and one count of criminal attempt to commit theft. The appellant’s two accomplices were convicted of the crimes charged, and one of […]

232 S.E.2d 236 KING v. THE STATE. 31683.Supreme Court of Georgia.ARGUED NOVEMBER 22, 1976. DECIDED JANUARY 4, 1977. REHEARING DENIED JANUARY 27, 1977. JORDAN, Justice. Edward James King, also known as Pete King, was convicted of the murder of Billy Joe Jackson, and was sentenced to life imprisonment. He appeals his conviction and sentence. The […]

153 S.E.2d 540 SMITH et al. v. FORTSON, Secretary of State, et al. 23911.Supreme Court of Georgia.ARGUED JANUARY 3, 1967. DECIDED JANUARY 6, 1967. REHEARING DENIED JANUARY 9, 1967. ALMAND, Presiding Justice. The ruling this day made in the case of Jones v. Fortson, 223 Ga. 7, controls adversely to the contentions of the appellants […]

92 S.E.2d 858 WEBSTER HOMES, INC. v. ALLEN, et al. ALLEN v. WEBSTER HOMES, INC., et al. 19290, 19292.Supreme Court of Georgia.ARGUED APRIL 9, 1956. DECIDED MAY 14, 1956. WYATT. Presiding Justice. 1. The final report of the examiner as amended in the present land-registration case recited that the applicant for registration had shown by […]

200 S.E.2d 719 DRAKE v. DRAKE. 28191.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1973. DECIDED OCTOBER 4, 1973. MOBLEY, Chief Justice. This is a case brought by the wife against her husband seeking a divorce, alimony, and custody of the two minor children. The verdict and judgment granted divorce, awarded alimony to the wife for herself […]