Printup v. Mitchell
Supreme Court of Georgia
Motion, in Floyd Superior Court. Decided by Judge 'Trippe, December Term, 1855. In this case, on the same being called in its order, plaintiff moved to charge against the defendant on the docket, a continuance which had been granted at the preceding term, and which the plaintiff had then insisted should be charged to him, but rvhich was not charged to him on the docket. The Court ■■refused the motion.
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Motion, in Floyd Superior Court. Decided by Judge 'Trippe, December Term, 1855. In this case, on the same being called in its order, plaintiff moved to charge against the defendant on the docket, a continuance which had been granted at the preceding term, and which the plaintiff had then insisted should be charged to him, but rvhich was not charged to him on the docket. The Court ■■refused the motion. The plaintiff having announced himself ready, the defend-ant moved a continuance from Providential cause, on account of the absence of Warren Akin, Esq. one of his Counsel, ■from sickness. The…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
In respect to the continuance first granted, it seems that the plaintiff, at the time when it was granted, insisted that it should be charged against the defendant, but that the i-Oourt charged it against neither party. This was a decision. *588And if it was an erroneous one, and the plaintiff wished it corrected, he should have excepted to it and brought it before this Court, within the regular time allowed by law. No excuse is offered for' the failure to bring the case, thus, before this Court.
The motion made at the next term, to have the…
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