Supreme Court of Georgia, 1983

McAuley v. Wills

McAuley v. Wills
Supreme Court of Georgia · Decided May 12, 1983 · Hill, Smith, That
251 Ga. 41; 305 S.E.2d 120; 1983 Ga. LEXIS 982

McAuley v. Wills

Dissenting Opinion

Smith, Justice,

dissenting.

I would grant the petition for certiorari. Although I agree with the result reached by the Court of Appeals, I would grant and write to emphasize that this court in no way condones or sanctions Wills’ apparent perjury during the discovery phase of this case. The appropriate remedy for such perjury is not, however, to enter a default judgment against Wills, as was done in this case. Remedies such as criminal prosecution for perjury and effective cross-examination for purposes of impeachment are available and should be utilized in this and similar cases.

I am authorized to state that Chief Justice Hill joins in this dissent.

Opinion of the Court

Order of Court.

Upon consideration of the application for certiorari filed to review the judgment of the Court of Appeals in this case, it is ordered that the writ be hereby denied.

All the Justices concur, except Hill, C. J., and Smith, J., who dissent.

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