State Highway Department v. Hilliard

Nichols, Presiding Judge.

The original order wherein the rule nisi was issued for the appellees to show cause why the appellant’s motion for new trial should not be granted was, in the case sub judice, sufficient to act as an order of continuance until the date when the final hearing on such motion was held.

Where a judge emeritus of the superior .court presides over the trial of a case he should, under the Act of 1962 (Ga. L. 1962, pp. 547, 549; Code Ann. § 24-2623a), determine any motion for new trial filed in such case, but where he is unable to perform such act “because of death or…