Davenport v. Davenport

Quillian, Justice.

Where a case is not heard during the trial term it is automatically continued to the succeeding term. As stated by Code § 81-1414: “A cause not reached at the trial term stands over as continued.” Thus, under prior rulings of this court the plaintiff would, under the terms of the order to show cause, have until the final hearing although it might be in a subsequent term to submit his brief of evidence. The defendant could not prevail with an assertion that at the end of the February term, 1961, or at any time prior to such final hearing the plaintiff must submit her brief of…