Perry v. Gammage

Where a motion for a new trial is filed during the term of the trial and an order is then entered setting down the hearing of the motion for a named day in vacation, that day, relatively to the hearing of the motion, is in legal contemplation a continuance of the term at which the order was entered. When that day arrives the court has jurisdiction to hear the motiqn, but if it is not then either heard on its merits or dismissed, it must by express written order be continued to some subsequent day, or else it will go over to the next succeeding *584term of the court in which it was .made, unless…