Legal Opinion

Dowis v. McCurdy

Court of Appeals of Georgia

Decided April 2, 1964No. 40283, 40285PublishedCited by 29 opinions

1Opinion of the Court

Nichols, Presiding Judge.

The grant or refusal of a continuance or postponement of a case is ordinarily within the discretion of the trial court, and the authority of this court is limited to a decision of whether that discretion was abused. In such event the plaintiff in error must allege and show not only that an abuse of discretion occurred but that it resulted in injury to him, since error, to be reversible, must be harmful. An assignment of error which fails to allege that the failure to grant a continuance was injurious is insufficient for consideration. Aiken v. Richardson, 85 Ga. App.…

2Cases cited22 opinions

  1. Myers v. PhillipsSupreme Court of Georgia · 1944
  2. Davis v. WhitcombCourt of Appeals of Georgia · 1923
  3. Western & Atlantic Railroad v. BeasonSupreme Court of Georgia · 1901
  4. Strickland v. WhatleySupreme Court of Georgia · 1914
  5. Teague v. KeithSupreme Court of Georgia · 1959

17 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Nathan v. DuncanCourt of Appeals of Georgia · 1966
  2. Georgia Power Co. v. MaddoxCourt of Appeals of Georgia · 1966
  3. Roebuck v. PayneCourt of Appeals of Georgia · 1964
  4. Bailey v. ToddCourt of Appeals of Georgia · 1972
  5. GENERAL GAS CORPORATION v. WhitnerCourt of Appeals of Georgia · 1965

24 more not listed; retrieve them via the Exa API.

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