When Postponement Substituted for Continuance

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No continuance shall be granted in any of the courts in this state which have a continuous session for 30 days or more, over the objection of the adverse party, where the cause for the same can be obviated by a postponement to a later day during the term. It shall be the duty of the presiding judge, whenever a motion and a proper showing for a continuance are made by either party at any time, to set the case down for a later day during the same term if it is practicable thereby to avoid the continuance of the case.

(Ga. L. 1893, p. 56, § 1; Civil Code 1895, § 5139; Civil Code 1910, § 5725; Code 1933, § 81-1420.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Continuance, § 1.

C.J.S.

- 17 C.J.S., Continuances, § 2.

ALR.

- Time during or after civil trial at which court may entertain, or properly grant or deny, motion for continuance of trial, 112 A.L.R. 395.


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