Thompson v. Hays

Supreme Court of Georgia

Thompson v. Hays

45 S.E. 970, 119 Ga. 167, 1903 Ga. LEXIS 74

CourtSupreme Court of Georgia

DecidedDecember 10, 1903

StatusPublished

Cited by1 cases

This text of 45 S.E. 970 (Thompson v. Hays) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. Hays, 45 S.E. 970, 119 Ga. 167, 1903 Ga. LEXIS 74 (Ga. 1903).

Pincite

Opinion

Simmons, C. J.

1. When, upon the call for trial of a case in which an issuable defense had been filed, the sole counsel for the defendant stated in his place (the statement being considered by the judge as though made under Oath) “ that he was too unwell to attend to any business, and could not possibly go to trial, on that account,” and there was no' counter-showing, it was error to refuse a continuance and to proceed with the trial in the absence of such counsel.

2. The case having been taken to the superior court by certiorari, and the above facts having been verified by the answer, it was not error to sustain the certiorari and grant a new trial.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI