Legal Opinion · Concurrence

Carter v. Carter

Court of Appeals of Georgia

Decided September 10, 1976No. 52493Published

1ConcurrenceStolz, Judge

There can be little or no doubt as to the correctness of the majority opinion under the precedents long ago established by our Supreme Court. This court is bound by those decisions and is without power to effect meaningful change. At the risk of being labeled a judicial heretic, I most respectfully submit that the time has come when the Supreme Court should again review the year’s support statutes and case law with a view toward injecting a measure of fairness into the procedure. At present, the widow can usually pre-empt an estate to the utter exclusion of other lawful heirs (her sui juris…

2Cases cited3 opinions

  1. Knowles v. KnowlesCourt of Appeals of Georgia · 1972
  2. Moore v. MooreSupreme Court of Georgia · 1906
  3. Brumbelow v. BrumbelowCourt of Appeals of Georgia · 1965

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