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2018 Georgia Code 15-9-82 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-9-82 Case Law from Google Scholar Amendments to OCGA 15-9-82

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 4 TIME, PLACE, AND PROCEDURE

15-9-82. Place and time for holding court.

The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, by the judge thereof, on the first Monday in January, April, July, and October and shall continue in session from day to day as the business of the court may require. If the first Monday in a given term should happen to fall on a legal holiday, the probate courts throughout this state shall convene on the following day.

(Ga. L. 1851-52, p. 91, § 8; Code 1863, §§ 305, 4011; Code 1868, §§ 365, 4040; Code 1873, §§ 330, 4111; Code 1882, §§ 330, 4111; Civil Code 1895, §§ 4231, 4251; Civil Code 1910, §§ 4789, 4809; Ga. L. 1921, p. 117, § 1; Code 1933, § 24-2101; Ga. L. 1953, Jan.-Feb. Sess., p. 520, § 1; Ga. L. 1961, p. 461, § 1; Ga. L. 2008, p. 715, § 3/SB 508.)

JUDICIAL DECISIONS

Prior to amendment, probate court required to convene on all first Mondays.

- It was mandatory under this section, prior to the addition of the second sentence of subsection (a) by the 1961 amendment, that the court of ordinary (now probate court) at least be convened on all first Mondays. Moore v. Dearing, 216 Ga. 596, 118 S.E.2d 366 (1961).

Cannot reinstate caveat at subsequent term of court.

- If one who has filed a caveat to an application for a year's support and at the first term of the court voluntarily dismisses the claim, and moves at the second or third term thereafter to have the caveat reinstated on the sole ground that the claim had been dismissed "inadvertently and through mistake," it is error to grant such motion over timely objection by the applicant. Bowman v. Bowman, 79 Ga. App. 240, 53 S.E.2d 244 (1949).

Cited in Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938); Henderson v. Hale, 209 Ga. 307, 71 S.E.2d 622 (1952); Saturday v. Saturday, 113 Ga. App. 251, 147 S.E.2d 798 (1966); Johnson v. Barnes, 237 Ga. 502, 229 S.E.2d 70 (1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 16 et seq.

ALR.

- Validity of court's judgment rendered on Sunday or holiday, 85 A.L.R.2d 595.

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