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Call Now: 904-383-7448Upon filing his report, the auditor shall give both parties or their counsel written notice thereof.
(Ga. L. 1894, p. 123, § 8; Civil Code 1895, § 4588; Civil Code 1910, § 5134; Code 1933, § 10-204.)
- 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) (see O.C.G.A. § 9-7-11).
- 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) (see O.C.G.A. § 9-7-11).
- 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).
- 27A Am. Jur. 2d, Equity, § 231 et seq.
- 20 C.J.S., Counties, § 216 et seq.
No results found for Georgia Code 9-7-11.