Legal Opinion · Dissent

Habersham Memorial Park, Inc. v. Moore

Court of Appeals of Georgia

Decided November 12, 1982No. 64054Published

1DissentCarley, Judge

I agree with the majority that “the evidence would clearly authorize a finding that Mr. Kelley’s actions were an unlawful and unwarranted interference with Mrs. Moore’s exercise of’ the right of *683burial of Mr. Moore. I also believe that the majority is correct in holding that “the private right to bury Mr. Moore belonged only to Mrs. Moore and that the other appellees were not entitled to recover for an interference with that right . . .” In my opinion, this determination should have resulted in a further holding that the trial court erred in denying appellant’s motion for directed verdict as…

2Cases cited7 opinions

  1. Jacobus v. Congregation of ChildrenSupreme Court of Georgia · 1899
  2. Wright v. Hollywood Cemetery CorporationSupreme Court of Georgia · 1901
  3. Stephens v. WaitsCourt of Appeals of Georgia · 1936
  4. Pollard v. PhelpsCourt of Appeals of Georgia · 1937
  5. Phinizy v. GardnerSupreme Court of Georgia · 1924

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