O.C.G.A.

O.C.G.A. § 9-7-5 (2019)

Where hearing held; notice of hearing; auditor’s oath

✓ 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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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.

History

Ga. L. 1894, p. 123, § 4; Civil Code

1895, § 4584; Civil Code 1910, § 5130; Code 1933, § 10-104.

Annotations

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 Ga. LEXIS 790 (1939); Grant v. Grant, 202 Ga. 40, 41 S.E.2d 534, 1947 Ga. LEXIS 344 (1947) (see O.C.G.A. § 9-7-5).

RESEARCH REFERENCES Am. Jur. 2d. 27A Am. Jur. 2d, Equity, § 206. C.J.S. 20 C.J.S., Counties, § 140. 30A C.J.S., Equity, §§ 480, 537.