BEAZLEY v. DEKALB COUNTY

34558.

87 Ga. App. 910 (1953)

75 S.E.2d 657

BEAZLEY et al. v. DEKALB COUNTY et al.

Court of Appeals of Georgia.

Rehearing Denied April 1, 1953.


Attorney(s) appearing for the Case

W. Harvey Armistead, Robert W. Spears, Wm. G. Grant, Grant, Wiggins, Grizzard & Smith, for plaintiffs in error.

Roy Leathers, Solicitor-General, J. A. McCurdy, Dan MacDougald Jr., MacDougald, Troutman, Sams & Schroder, J. Robin Harris, Eugene Cook, Attorney-General, contra.

Tye, Cooper & Bell, Marshall, Greene, Baird & Neely, Heyman & Abram, Alston, Sibley, Miller, Spann & Shackleford, Spalding, Sibley, Troutman & Kelley, as amici curiae.


TOWNSEND, J.

1. Upon the call of the case for hearing before the trial court on the rule nisi, the intervenor moved for a continuance on the ground that he had been out of town and had not known about the proceeding until four or five days before the hearing, and that he had ample time in which to locate witnesses and secure their testimony in support of his intervention. No witnesses had been subpoenaed in his behalf at that time. Code § 81-1419 provides that...

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