O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-7-21 (2019)

Court to frame judgment or decree

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If the auditor’s report is not excepted to, the court shall frame a judgment or decree thereon as may be proper.

(b) If exceptions are filed, after the same have been considered and passed upon by the court or the jury, or both, as the case may be, the court shall order a judgment or a decree in accordance with the report and the changes made by the court or the jury, unless the same shall require a recommitment.

History

Ga. L. 1894, p. 123, § 21; Civil Code

1895, § 4601; Civil Code 1910, § 5147; Code 1933, § 10-407.

Annotations

JUDICIAL DECISIONS

Cited in Barber v. Southern Serv. Corp., 182 Ga. 124, 185 S.E. 93 (1936); United Bonded Whse., Inc. v. Jackson, 207 Ga. 627, 63 S.E.2d 666 (1951); Atwood v. Sipple, 182 Ga. App. 831, 357 S.E.2d 273 (1987).

RESEARCH REFERENCES

Am. Jur. 2d. - 27A Am. Jur. 2d, Equity, § 231 et seq.

Notes of Decisions
Cited in 4 cases, 1987–1993 · leading case: Sorrentino v. Boston Mut. Life Ins., 426 S.E.2d 594 (Ga. Ct. App. 1992).
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Sorrentino v. Boston Mut. Life Ins., 426 S.E.2d 594 (Ga. Ct. App. 1992). · cites it 2× “The trial court adopted the auditor’s findings under OCGA § 9-7-21 (a) and entered final judgment against appellants for $20,308.”
Atwood v. Sipple, 357 S.E.2d 273 (Ga. Ct. App. 1987). · cites it 2× “It also follows that the denial of the motion to reconsider was not error, the initial determination having been correct.”
AAA Pest Control, Inc. v. Murray, 428 S.E.2d 657 (Ga. Ct. App. 1993). · cites it 2× “Pursuant to OCGA § 9-7-16, the trial court overruled the exceptions and, pursuant to OCGA § 9-7-21 (b), entered judgment in accordance with the auditor’s report.”
Duff v. Postell (In re Postell), 132 B.R. 788 (D. Ga. 1991). · cites it 2× “Thus, the judgment was based on the Auditor’s Report, and the findings in the Auditor’s Report, much like a jury’s special verdict or a jury’s answer to interrogatories, were a necessary part of the judgment entered.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.