O.C.G.A. § 9-7-11 (2019)

Annotations

JUDICIAL DECISIONS Mailing notice. - A written notice signed by the auditor, deposited in the mail, directed to counsel at counsel’s place of business, and actually delivered there to the counsel’s clerk, is sufficient compliance with this section. Littleton & Lamar v. Patton & Co., 112 Ga. 438, 37 S.E. 755, 1900 Ga. LEXIS 188 (1900) (see O.C.G.A. § 9-7-11). Incorrect copy of report not grounds of good objection. - It is not a good objection to the approval of an auditor’s report that counsel was served with an incorrect copy. Buttrill v. Buttrill, 179 Ga. 759, 177 S.E. 576, 1934 Ga. LEXIS 397 (1934) (see O.C.G.A. § 9-7-11). Judgment not set aside where counsel had actual knowledge of report. - Where the evidence adduced is

sufficient to show that counsel for the defendant had actual knowledge that the report was filed in the clerk’s office, the failure of the auditor to give the formal written notice required by this section does not constitute a good ground for setting aside a judgment based on the report, for the purpose of considering certain exceptions of law and fact filed to the report more than 20 days after it was filed and a copy served on the defendant. (see O.C.G.A. § 9-7-11). Bickerstaff v. Turner, 188 Ga. 37, 2 S.E.2d 643, 1939 Ga. LEXIS 790 (1939).

RESEARCH REFERENCES Am. Jur. 2d. 27A Am. Jur. 2d, Equity, § 207 et seq.

C.J.S. 20 C.J.S., Counties, § 216 et seq.