Walker v. O'Connor
Court of Appeals of Georgia
Affidavit of illegality; from Dade superior court—Judge Tarver. November 19, 1918. The exceptions are to the dismissal of an affidavit of illegality.
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Affidavit of illegality; from Dade superior court—Judge Tarver. November 19, 1918. The exceptions are to the dismissal of an affidavit of illegality. The affidavit was filed in April, 1917, and the time fixed by law for the commencement of the next regular term of the superior court to which the case was returnable was the third Monday in ■ September, 1917. No term of the cpurt was held at that time, an adjournment to November 11, 1917, having been previously ordered by the judge in vacation, for the reason stated in the following opinion. On the-day thus set, the judge, in an order…
1Opinion of the CourtWade, C. J.
1. , The death of a prominent- member of the bar shortly before the time for convening a term of the superior court is not such cause as will legally authorize the judge in vacation to adjourn the term. Civil Code (1910),- §§ 4873-5; Hoye v. State, 39, Ga. 718; Frank v. Horkan, 122 Ga. 38 (49 S. E. 800). See also Osgood v. State, 63 Ga. 791, 792; Allen v. State, 74 Ga. 769. The judge of Dade superior court issued an order in vacation, September 11, 1917, adjourning the next regular term of that court from the third Monday in September, 1917, to the third 'Monday in November, 1917, upon the…
2Cases cited3 opinions
- Allen v. StateSupreme Court of Georgia · 1885
- Osgood v. StateSupreme Court of Georgia · 1879
- Frank & Co. v. HorkanSupreme Court of Georgia · 1905
3Cited by1 opinion
- Herrington v. MooreCourt of Appeals of Georgia · 1932