Continuances for One Term Only

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A continuance requested by a party in a pending case in any court shall not be granted for longer than one term.

(Laws 1799, Cobb's 1851 Digest, p. 486; Code 1863, § 3448; Code 1868, § 3468; Code 1873, § 3519; Code 1882, § 3519; Civil Code 1895, § 5126; Civil Code 1910, § 5710; Code 1933, § 81-1401.)

Cross references.

- Corresponding provision relating to criminal procedure, § 17-8-37.

JUDICIAL DECISIONS

Discretion in refusing continuance was not abused where continuance had been granted at two previous terms and for one day at the third term. Camp v. Lanier, 36 Ga. App. 54, 135 S.E. 224 (1926).

No error for limiting continuances of defendant who had been granted five.

- It was not error for the court to put the case on terms and limit the continuances of the defendant, where it appeared that the defendant had been granted five continuances. Alley v. Gormley, 181 Ga. 650, 183 S.E. 787 (1935).

No abuse of discretion for denying continuance due to illness of party.

- Under the circumstances, no abuse of discretion of the judge in refusing to grant a continuance because of alleged providential absence of a party by sickness, was shown. Dyar v. Dyar, 55 Ga. App. 226, 189 S.E. 721 (1937).

Cited in Odom v. Attaway, 41 Ga. App. 51, 152 S.E. 148 (1930).


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