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O.C.G.A. § 9-7-20 — Form of jury's verdict | Georgia Code
O.C.G.A. § 9-7-20 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 QUO WARRANTO

9-7-20. Form of jury's verdict.

In all cases the jury shall find for or against each exception submitted, seriatim.

(Ga. L. 1894, p. 123, § 20; Civil Code 1895, § 4600; Civil Code 1910, § 5146; Code 1933, § 10-406.)

JUDICIAL DECISIONS

Only function of jury in trial of exceptions of fact to auditor's report is to pass upon issues of fact raised by exceptions. Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939).

Each exception seriatim.

- Where the jury fails to find according to this section, the verdict will be set aside. Harris v. Lumpkin, 136 Ga. 47, 70 S.E. 869 (1911) (see O.C.G.A. § 9-7-20).

Court is not required to pass seriatim on each exception where reference is made to it without the intervention of a jury. Murray v. Hawkins, 144 Ga. 613, 67 S.E. 1068 (1916).

Failure of party to object to reception of verdict will not preclude the party from subsequently attacking it. Whitfield-Baker Co. v. Anderson, 147 Ga. 242, 93 S.E. 406 (1917).

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.