STATE HIGHWAY DEPARTMENT v. HILLIARD

42299.

114 Ga. App. 328 (1966)

151 S.E.2d 491

STATE HIGHWAY DEPARTMENT v. HILLIARD et al.

Court of Appeals of Georgia.

Decided September 22, 1966.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, Robert L. Royal, Deputy Assistant Attorney General, William A. Zorn, for appellant.

W. Glenn Thomas, Jr., Albert E. Butler, for appellees.


NICHOLS, Presiding Judge.

1. The original order wherein the rule nisi was issued for the appellees to show cause why the appellant's motion for new trial should not be granted was, in the case sub judice, sufficient to act as an order of continuance until the date when the final hearing on such motion was held.

(a) Where a judge emeritus of the superior court presides over the trial of a case he should, under the Act of 1962 (Ga. L. 1962, pp. 547, 549;

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