Nalley Land & Investment Co. v. State Highway Board

Jenkins, R. J.

1. “Continuances for providential causes are not to be charged against either party.” But where a continuance on account of the illness of the attorney for the defendant was charged against the defendant and the case “put on terms,” the defendant must have brought proper and timely exceptions in order to attack the decision. Printup v. Mitchell, 19 Ga. 586 (2), 588 (63 Am. D. 258). Consequently, not having filed such exceptions, the defendant, who at a subsequent term again moved for a continuance for the same cause, can not complain, under its exceptions to the denial of the…