Smith v. Exchange Bank
Court of Appeals of Georgia
Appeal; from Floyd superior court — Judge Wright. January 28, 1920. 1. Mrs. Nora Z. Smith applied to the ordinary for a homestead under sections 3377 et seq. of the Civil Code of 1910, and objections were filed by certain creditors. There was an appeal to the superior court by the applicant and on the call of the case her counsel moved to continue the case on account of her sickness.
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Appeal; from Floyd superior court — Judge Wright. January 28, 1920. 1. Mrs. Nora Z. Smith applied to the ordinary for a homestead under sections 3377 et seq. of the Civil Code of 1910, and objections were filed by certain creditors. There was an appeal to the superior court by the applicant and on the call of the case her counsel moved to continue the case on account of her sickness. Her husband testified that she was sick and unable to attend court, and had been sick about three days, and that it would be dangerous for her to come to court that day; that the case had previously bee;]…
1Opinion of the Court
Smith, J,
1. The trial judge did not abuse his discretion in overruling the motion for a continuance; it appearing, on the showing for continuance and the counter-showing, that the case had been continued one or more times for the same reason, and it also appearing that by an order of the court the case had been put on terms.
2. “ A petition for homestead may be amended by adding to the schedule something which has been omitted, but not by striking therefrom any article of property therein set forth. If the applicant has by mistake inserted property belonging not to him but to another, lie…
2Cases cited1 opinion
- McWilliams v. BonesSupreme Court of Georgia · 1890
3Cited by2 opinions
- Dyar v. DyarCourt of Appeals of Georgia · 1937
- McGouirk v. BonnerCourt of Appeals of Georgia · 1940