Butler v. Ga. Agricultural Credit Corp.

• Decision Date: 17 November 1927
• Docket Number: ( No. 17907.)
• Citation: 140 S.E. 426,37 Ga.App. 390
• Parties: BUTLER. v. GEORGIA AGRICULTURAL CREDIT CORPORATION.
• Court: Georgia Court of Appeals

37 Ga.App. 390

140 S.E. 426

BUTLER.

v.GEORGIA AGRICULTURAL CREDIT CORPORATION.

(No. 17907.)

Court of Appeals of Georgia,

Division No. 2.

Nov. 17, 1927.

(Syllabus by Editorial Staff.)

Error from City Court of Dublin; L. L. Porter, Judge pro hac.

Action by the Georgia Agricultural Credit Corporation against J. I. Butler, Sr. Judgment for plaintiff, defendant's motion for new trial was overruled, and defendant brings error. Affirmed.

Wm. B. Kent, of Alamo, for plaintiff in error.

J. B. Green and A. N. Silas, both of Dublin, for defendant in error.

Syllabus Opinion by the Court.

STEPHENS, J. [1] 1. Upon the hearing of a motion for a continuance based both upon the absence of a party and the absence of his counsel, where it nowhere appears that counsel cannot safely go to trial without the presence of the absent party, or that the party seeking the continuance expects his counsel's services at the next term of court, the showing is incomplete and presents no cause for a continuance. Civil Code 1910, §§ 5717, 5718.

2. The dismissal of a plea cannot be a ground for a motion for a new trial. Tompkins v. American Land Co., 139 Ga. 377 (2), 77 S. E. 623.

3. The only assignment of error in the bill of exceptions being to the overruling of the defendant's motion for a new trial, and the only grounds of the motion for a new trial being exceptions to the overruling of the defendant's motion for a continuance and to the dismissal of the defendant's plea, the judgment overruling the motion for a new trial is, under the above rulings, affirmed.

Judgment affirmed.

JENKINS, P. J., and BELL, J., concur.