Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided prior to the amendment to Code Section 15-6-19 passed by Ga. L. 1972, p. 713, which changed the terms of court, are included in the annotations for this Code section.

Purpose of this section was to protect parties to causes. Hoye v. State, 39 Ga. 718 (1869).

Order adjourning court is nullity if the order does not state reason therefor. Martin v. Scott, 118 Ga. 149, 44 S.E. 974 (1903).

Application to criminal cases. Osgood v. State, 63 Ga. 791 (1879).

Parties are bound to take notice of adjournment. Rawson v. Powell, 36 Ga. 255 (1867).

Adjournment by clerk.

- Clerk, or the clerk's deputy, cannot adjourn an adjourned term if the judge's absence has not been caused by an unavoidable accident. Cogswell v. Schley, 50 Ga. 481 (1873); Norrie & Johnson v. McCullough, 74 Ga. 602 (1885).

Failure to advertise adjournment.

- Failure of the clerk to advertise adjournment will not prevent the court from meeting at the time fixed in the order. Wise v. State, 34 Ga. 348 (1866).

Suspension for judge's tiredness.

- Court may be suspended until next morning if the judge is too tired to proceed with the night session. Hoye v. State, 39 Ga. 718 (1869).

Illness or unavailability of judges.

- Defendant's motion to declare the defendant's indictment void on the ground that the grand jury which indicted the defendant was not convened in accordance with the law was properly denied since the defendant did not show either that the trial court abused the court's discretion in not convening a July term at the scheduled time because one judge was critically ill and two remaining judges had made plans to attend a seminar on that date, or that the defendant was harmed by the trial court's failure to do so. Peek v. State, 250 Ga. 50, 295 S.E.2d 834 (1982).

Sunday as day appointed for hearing applications.

- If day appointed to hear application falls on Sunday, the case automatically stands for hearing on the next day. Cheeseborough, Stearns & Co. v. Van Ness, 12 Ga. 380 (1852).

Death of prominent bar member no excuse.

- Death of a prominent member of the bar shortly before the time for convening a term of a court is not such cause as will legally adjourn the term of a court. Frank & Co. v. Horkan, 122 Ga. 38, 49 S.E. 800 (1905); Walker v. O'Connor, 23 Ga. App. 22, 97 S.E. 276 (1918).

Time for filing answer when court adjourned illegally.

- If an illegal order of adjournment passed in vacation, the defendant may file an answer any time prior to the following term of court. Frank & Co. v. Horkan, 122 Ga. 38, 49 S.E. 800 (1905).

Cited in Medders v. Lewis, 158 Ga. 417, 123 S.E. 605 (1924); Van Landingham v. Wight Hdwe. Co., 77 Ga. App. 689, 49 S.E.2d 554 (1948).

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 20.

C.J.S.

- 21 C.J.S., Courts, §§ 157 et seq., 164, 165.