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2018 Georgia Code 9-7-15 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-7-15 Case Law from Google Scholar Amendments to OCGA 9-7-15

TITLE 9 CIVIL PRACTICE

Section 7. Auditors, 9-7-1 through 9-7-23.

ARTICLE 4 QUO WARRANTO

9-7-15. Exceptions to matters outside record; certification by auditor or return with objections; application for mandamus; notice and hearing; effect of mandamus absolute.

  1. Exceptions as to any matter not appearing on the face of the record, in the transcript of the evidence and proceedings, or in the report itself, shall be certified to be true by the auditor within 40 days after the report is filed. If the auditor determines that any such exception is not true or does not contain all of the necessary facts, he shall return the same within ten days to the party or his attorney with his objections in writing. If these objections are met and removed within ten days, he may then certify the same, specifying the cause of delay.
  2. If for any cause the exceptions are not certified by the auditor, without fault of the party or his attorney, the party or his attorney may apply to the judge of the superior court within 30 days from the tendering of the exceptions and on petition obtain a mandamus nisi directed to the auditor.
  3. The petition for a mandamus nisi shall set out a substantial copy of the exceptions, and shall be verified by the party or his counsel, or supported by other proof as to the truth of the facts stated therein. The mandamus nisi shall be served upon the auditor within ten days after the same is signed by the judge and shall be made returnable not more than 30 days after signing. The opposite party shall have notice of the time and place of hearing the mandamus nisi and may resist the application for a mandamus absolute. If there is a traverse filed to the answer, the same shall be determined by a jury. If the mandamus is made absolute, the order shall have the effect, to that extent, of amending the report of the auditor.

(Ga. L. 1894, p. 123, §§ 10, 11; Civil Code 1895, §§ 4590, 4591, 4592; Civil Code 1910, §§ 5136, 5137, 5138; Code 1933, §§ 10-302, 10-303, 10-304.)

JUDICIAL DECISIONS

Exceptions as to matters not in record must be verified.

- Exceptions to an auditor's report, as to any matter not appearing upon the face of the record or brief of evidence or in the report itself, must be verified by the auditor as true. If a report affords no means of verification, the exception cannot be considered. Patterson v. Burtz, 39 Ga. App. 139, 146 S.E. 330 (1929); Robinson v. Reese, 175 Ga. 574, 165 S.E. 744 (1932).

Exceptions of law must be based on grounds verified by auditor's report or the auditor's certificate. Waycross Air-Line R.R. v. Offerman & W.R.R., 119 Ga. 983, 47 S.E. 582 (1904).

Exceptions to admission of evidence not considered where cause not in record nor exceptions certified.

- Exceptions to an auditor's report claiming error in rulings on the admission of evidence cannot be considered where it did not appear on the face of the record or brief of evidence or in the report itself what the evidence was, what the objection was, and what the ruling was, and where recitals in exceptions not certified by the auditor to be true were insufficient. Eatonton Oil & Auto Co. v. Greene County, 53 Ga. App. 145, 185 S.E. 296 (1936); Bussell v. Glenn, 197 Ga. 816, 30 S.E.2d 617 (1944).

Cited in Smith v. Smith, 135 Ga. 582, 69 S.E. 1110 (1911); Patterson v. Burtz, 39 Ga. App. 139, 146 S.E. 330 (1929); Loftis v. Hubbard, 42 Ga. App. 829, 157 S.E. 704 (1931).

RESEARCH REFERENCES

Am. Jur. 2d.

- 52 Am. Jur. 2d, Mandamus, §§ 69, 112 et seq., 155 et seq., 168 et seq., 232, 325.

C.J.S.

- 55 C.J.S., Mandamus, §§ 69, 145, 173, 207, 266.

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