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O.C.G.A. § 9-7-5 — Where hearing held; notice of hearing; auditor's oath | Georgia Code
O.C.G.A. § 9-7-5 (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

9-7-5. Where hearing held; notice of hearing; auditor's oath.

Except by the written consent of all parties, the auditor shall not hear evidence or argument outside the county in which the case is proceeding. He shall give both parties or their counsel reasonable notice of the time and place of hearing and shall be sworn to render a true report according to the law and the evidence without favor or affection to either party.

(Ga. L. 1894, p. 123, § 4; Civil Code 1895, § 4584; Civil Code 1910, § 5130; Code 1933, § 10-104.)

JUDICIAL DECISIONS

Auditor's failure to take oath.

- The failure to take and file the oath prescribed by this section is such an irregularity as can be waived by the parties and in any event should be taken advantage of by a motion to recommit the report to the auditor, which must be filed within 20 days after the filing of the report and notice thereof. Bickerstaff v. Turner, 188 Ga. 37, 2 S.E.2d 643 (1939); Grant v. Grant, 202 Ga. 40, 41 S.E.2d 534 (1947) (see O.C.G.A. § 9-7-5).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Equity, § 229.

C.J.S.

- 20 C.J.S., Counties, § 140. 30A C.J.S., Equity, §§ 480, 537.

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This Georgia Code resource is curated by Graham W. Syfert, 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.