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2018 Georgia Code 9-7-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-7-6 Case Law from Google Scholar Amendments to OCGA 9-7-6

TITLE 9 CIVIL PRACTICE

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

ARTICLE 4 QUO WARRANTO

9-7-6. Powers of auditor generally.

In all cases, unless modified by the order of appointment, in addition to the matter specially referred, the auditor shall have power to hear motions, allow amendments, and pass upon all questions of law and fact. He shall have power to subpoena and swear witnesses and compel the production of papers.

(Ga. L. 1894, p. 123, § 3; Civil Code 1895, § 4583; Civil Code 1910, § 5129; Code 1933, § 10-103.)

JUDICIAL DECISIONS

First sentence of this section permits auditor to pass on all issues as are made by or grow out of the pleadings. Hearn v. Laird, 103 Ga. 271, 29 S.E. 973 (1898); Weaver v. Cosby, 109 Ga. 310, 34 S.E. 680 (1899) (see O.C.G.A. § 9-7-6).

Qualifications of auditor.

- In the hearing before the auditor, the auditor generally takes the place of the judge, and the position, in equitable proceedings, should be confined to lawyers of ability. Barber v. Southern Serv. Corp., 182 Ga. 124, 185 S.E. 93 (1936).

Judicial immunity of auditor.

- Where a partner in an accounting company has clearly been named auditor by the trial court pursuant to O.C.G.A. Ch. 7, T. 9, the partner is accordingly cloaked with judicial immunity. Arthur Andersen & Co. v. Wilson, 256 Ga. 849, 353 S.E.2d 466 (1987).

Use of leading questions lies in auditor's discretion. Rusk v. Hill, 117 Ga. 722, 45 S.E. 42 (1903).

Auditor may permit amendments to pleadings. Cureton v. Cureton, 120 Ga. 559, 48 S.E. 162 (1904); First State Bank v. Avera, 123 Ga. 598, 51 S.E. 665 (1905).

Auditor is without jurisdiction to strike amendment to pleadings which was allowed by court before the case was referred to the auditor. Rusk v. Hill, 117 Ga. 722, 45 S.E. 42 (1903).

At conclusion of hearing, amendment cannot be made as matter of right. McCord v. City of Jackson, 135 Ga. 176, 69 S.E. 23 (1910).

Failure of auditor to rule on demurrer (now motion to dismiss) will not afford ground of complaint to plaintiff who was permitted to introduce evidence in support of the plaintiff's petition. Wilkes v. Carter, 149 Ga. 240, 99 S.E. 860 (1919).

Granting of motion to adjourn hearing is within auditor's discretion. Johnson v. Thomas, 144 Ga. 69, 86 S.E. 236 (1915).

Appellate review.

- Since the law confers such ample powers upon an auditor, the Supreme Court, in reviewing the proceedings in a case which has been referred to an auditor, then passed upon by the chancellor, may reasonably be inclined, if the chancellor approves the auditor's report, to treat the conclusion reached in such a case as supported by the judgment of two courts. Barber v. Southern Serv. Corp., 182 Ga. 124, 185 S.E. 93 (1936).

Cited in Ellis v. Geer, 36 Ga. App. 519, 137 S.E. 290 (1927); Parsons v. Fox, 179 Ga. 605, 176 S.E. 642 (1934); Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939); Ruskin v. AAF-McQuay, Inc., 284 Ga. App. 49, 643 S.E.2d 333 (2007); Petrakopoulos v. Vranas, 325 Ga. App. 332, 750 S.E.2d 779 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Equity, §§ 229, 230.

ALR.

- Power of successor or substituted master or referee to render decision or enter judgment on testimony heard by predecessor, 70 A.L.R.3d 1079.

Cases Citing O.C.G.A. § 9-7-6

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Land USA, LLC v. Georgia Power Co., 297 Ga. 237 (Ga. 2015).

Cited 27 times | Published | Supreme Court of Georgia | Jun 1, 2015 | 773 S.E.2d 236

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E. I. Dupont De Nemours & Co. v. Waters, 695 S.E.2d 265 (Ga. 2010).

Cited 7 times | Published | Supreme Court of Georgia | Jun 1, 2010 | 287 Ga. 235, 2010 Fulton County D. Rep. 1753

...ourt's equitable powers by praying for an injunction or other form of equitable relief. Once appointed under OCGA § 9-7-2, an auditor has the power to hear motions, pass on questions of law and fact, and compel the production of documents. See OCGA § 9-7-6....
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Arthur Andersen & Co. v. Wilson, 256 Ga. 849 (Ga. 1987).

Cited 7 times | Published | Supreme Court of Georgia | Mar 3, 1987 | 353 S.E.2d 466

...ies agree that he is accordingly cloaked in judicial immunity. Since Andersen claims immunity under the order that gave *850Clement immunity, we must determine whether the court’s order sufficiently endows Andersen with judicial powers under OCGA § 9-7-6 to cloak Andersen in immunity. In other words, OCGA § 9-7-6 and the order here accomplish the often difficult task of defining the scope of judicial function which the defendant claims the right to perform. The question remains whether Andersen’s powers fit within that definition. OCGA § 9-7-6 empowers the auditor, here Clement, “to hear motions, allow amendments, pass upon all questions of law and fact....
...While Andersen’s determination lies within “the scope of the audit” and could, ultimately, resolve the major issue underlying this case, that determination is subject to the approval of the auditor and the court. Under the trial court’s order and OCGA § 9-7-6, Clement possesses the legal responsibility for making the official report to the trial court. Clement, not Andersen, therefore possesses the duty and the authority to “pass upon” the question of stock valuation for the purposes of OCGA § 9-7-6. Since, in addition, Andersen does not possess the power to subpoena and swear witnesses, to compel the production of documents, to pass upon questions of law, to hear motions, or to allow amendments, we conclude, for the purposes of Andersen’s motion for summary judgment, that Andersen is not empowered to perform a judicial *851function under the terms of the trial court’s agreement or OCGA § 9-7-6. Decided March 3, 1987 Reconsideration denied April 1, 1987. King & Spalding, Byron Attridge, Joseph B....
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Franklin v. Franklin, 475 S.E.2d 890 (Ga. 1996).

Cited 5 times | Published | Supreme Court of Georgia | Sep 9, 1996 | 267 Ga. 82, 96 Fulton County D. Rep. 3215

...auditor to investigate and report the result to the court." Upon appointment, the auditor is granted the power not only to hear motions, allow amendments, and subpoena and swear witnesses, but also to "pass upon all questions of law and fact." OCGA § 9-7-6....

Land USA, LLC v. Georgia Power Co. (Ga. 2015).

Published | Supreme Court of Georgia | Jun 1, 2015 | 267 Ga. 82, 96 Fulton County D. Rep. 3215