O.C.G.A. § 9-7-16 (2019)

Annotations

JUDICIAL DECISIONS Judge has exclusive consideration only over exceptions of law. - While the judge has the exclusive consideration of exceptions of law to an auditor’s report, in all actions at law, exceptions of fact to the auditor’s report shall be passed upon by the jury. Philips v. L.A. Miller & Sons, 57 Ga. App. 561, 196 S.E. 276, 1938 Ga. App. LEXIS 336 (1938). No power to disallow exceptions of fact unless jury trial waived. - When exceptions of fact to an auditor’s report in an action at law are filed, the court has no power to disallow them and dispose of the case without the intervention of a jury, unless the parties expressly waive their right to trial by jury. Philips v. L.A. Miller & Sons, 57 Ga. App. 561, 196 S.E. 276, 1938 Ga. App. LEXIS 336 (1938). Judge may overrule exception of law dependent on defective evidence. - In an equity case, it is ground to over-

rule an exception of fact to an auditor’s report, when the exception involves consideration of the evidence, that the exception does not contain or have attached as an exhibit the evidence necessary to be considered in connection therewith; and in such a case the same ground is sufficient to justify the judge in overruling exceptions of law to the findings of law when they are dependent upon the evidence. Sengstacke v. American Missionary Ass’n, 196 Ga. 539, 26 S.E.2d 891, 1943 Ga. LEXIS 376 (1943). Trial court authorized to reject auditor’s erroneous ruling. - Trial court did not err in reversing an auditor’s decision because the trial court was authorized to reject the auditor’s erroneous legal rulings. Camp Cherokee, Inc. v. Marina Lane, LLC, 316 Ga. App. 366, 729 S.E.2d 510, 2012 Ga. App. LEXIS 563 (2012).

RESEARCH REFERENCES C.J.S. 4 C.J.S., Appeal and Error, § 222.

Am. Jur. 2d. 27A Am. Jur. 2d, Equity, §§ 199, 200. 27A Am. Jur. 2d, Equity, §§ 199, 200.