Frank & Co. v. Horkan

1. The death of a prominent member of the bar shortly before the time for convening a term of a court governed by the same laws and rules of pleading, practice, and procedure as the superior court, is not such cause as will legally authorize the judge in vacation to adjourn the term of the court. Civil Code, §§ 4342-4344 ; Hoye v. State, 39 Ga. 718.

2. Where a judge in vacation passed an illegal order adjourning the next term of court, an$l, in accordance with such order, that term was not held at the regular time, in a case in which such term was the appearance term the *39defendant may file his…