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Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington

Mercer Law Review

Each year the Georgia appellate courts decide several hundred cases that raise issues of trial practice and procedure. The period surveyed in this article covers the tenth year of cases interpreting the Long-Arm Statute and the ninth year of cases decided under the Civil Practice Act. The gradual judicial development of these important laws has been fascinating to watch and comment on. A steady improvement in both the quality and predictability of these decisions can be observed and should be applauded.

The cases selected for comment herein are those deemed the most significant because they either indicate a new direction …

Assault Leading To Homicide May Be Used To Invoke Felony-Murder Rule, William P. Adams

Mercer Law Review

In Baker v. State, the Georgia Supreme Court held that "the Georgia legislature intended felony murder to encompass all felonies as 'felony' is defined in Code §26-401(e)." The court refused to adopt the "merger" doctrine that has been applied by some states to the felony-murder rule., The defendant was convicted of felony murder' for the shooting death of Roger Clark and sentenced to life imprisonment. Clark and one other person entered the defendant's bedroom before 5:30 one morning to collect a debt allegedly owed to Clark by the defendant. The defendant fired one shot over the heads of the …

Summary Judgment For Divorce Required When One Spouse Swears To Irretrievable Breakdown, Kenneth R. Carswell

Mercer Law Review

In Manning v. Manning, the Supreme Court of Georgia held that a divorce must be granted on a motion for summary judgment after one spouse alleges an irretrievable breakdown of the marriage and then swears in an affidavit that he is unwilling to cohabit with his spouse, that there are no prospects for reconciliation and that the marriage is irretrievably broken. There is, at that point, no issue of fact for the trial court to resolve, the supreme court said.

The husband in Manning filed a complaint for divorce alleging that the marriage was irretrievably broken. The wife in …

Practice And Procedure, R. Neal Batson, Ben F. Johnson Iii

Mercer Law Review

No abstract provided.