2020 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 7 - Continuances
§ 9-10-165. Case Not Reached Continued
A case not reached at the trial term stands over as continued.
(Orig. Code 1863, § 3455, Code 1868, § 3475; Code 1873, § 3526; Code 1882, § 3526; Civil Code 1895, § 5133; Civil Code 1910, § 5719; Code 1933, § 81-1414.)
Cross references.- Corresponding provision relating to criminal procedure, § 17-8-38.
JUDICIAL DECISIONS
Where action is not heard during trial term, it is automatically continued to succeeding term. Davenport v. Davenport, 218 Ga. 475, 128 S.E.2d 772 (1962).
Refusal to set aside order dismissing motion for new trial proper.
- Where plaintiff fails to present a brief of evidence on the hearing of plaintiff's motion for new trial, and there is no merit to the plaintiff's allegations as to an agreement to postpone the hearing, the trial judge properly refuses to set aside the judge's order dismissing the plaintiff's motion for new trial. Davenport v. Davenport, 218 Ga. 475, 128 S.E.2d 772 (1962).
Cited in Gilbert v. Hardwick, 11 Ga. 599 (1852); Shockley v. Turnell & Bearden, 114 Ga. 378, 40 S.E. 279 (1901).
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Continuance, § 1 et seq.
C.J.S.- 17 C.J.S., Continuances, §§ 15, 23.
