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