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O.C.G.A. § 9-10-163 — Continuance of appeals case | Georgia Code
O.C.G.A. § 9-10-163 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 10. Civil Practice and Procedure Generally, 9-10-1 through 9-10-204.

ARTICLE 7 CONTINUANCES

9-10-163. Continuance of appeals case.

No appeal case shall be continued more than twice by the same party, except for providential cause, for which it may be continued as often as justice may require.

(Orig. Code 1863, § 3459; Code 1868, § 3479; Code 1873, § 3530; Code 1882, § 3530; Civil Code 1895, § 5137; Civil Code 1910, § 5723; Code 1933, § 81-1418.)

JUDICIAL DECISIONS

Refusal of continuance of appeal to jury not abuse of discretion.

- Continuances are always addressed to the sound discretion of the court, and where a justice refused a continuance of an appeal to a jury, there was no abuse of judicial discretion. Young v. Darien & W.R.R., 1 Ga. App. 317, 57 S.E. 921 (1907).

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Continuance, § 40.

C.J.S.

- 17 C.J.S., Continuances, § 129.

ALR.

- Effect of war on litigation pending at time of its outbreak, 36 A.L.R.2d 1018.

Amendment of pleading with respect to parties or their capacity as ground for continuance, 67 A.L.R.2d 477.

Continuance of civil case because of illness or death of party, 68 A.L.R.2d 470.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.