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

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 Georgia Code 9-7-6 From Courtlistener.com

Total Results: 5

Land USA, LLC v. Georgia Power Company

Court: Supreme Court of Georgia | Date Filed: 2015-06-01

Snippet: the tax sale was extinguished. See OCGA § 44- 9-7.6 While OCGA § 44-9-7 does not directly address

Land USA, LLC v. Georgia Power Company

Court: Supreme Court of Georgia | Date Filed: 2015-06-01

Citation: 297 Ga. 237, 773 S.E.2d 236, 2015 Ga. LEXIS 367

Snippet: the tax sale was extinguished. See OCGA § 44-9-7. 6 *241 While OCGA § 44-9-7 does

E. I. Dupont De Nemours & Co. v. Waters

Court: Supreme Court of Georgia | Date Filed: 2010-06-01

Citation: 695 S.E.2d 265, 287 Ga. 235, 2010 Fulton County D. Rep. 1753, 2010 Ga. LEXIS 411

Snippet: compel the production of documents. See OCGA § 9-7-6. Whether an auditor shall be appointed is, as a

Franklin v. Franklin

Court: Supreme Court of Georgia | Date Filed: 1996-09-09

Citation: 475 S.E.2d 890, 267 Ga. 82, 96 Fulton County D. Rep. 3215, 1996 Ga. LEXIS 526

Snippet: "pass upon all questions of law and fact." OCGA § 9-7-6. See McCaughey v. Murphy, 267 Ga. 64, 473 S.E.2d

Arthur Andersen & Co. v. Wilson

Court: Supreme Court of Georgia | Date Filed: 1987-03-03

Citation: 256 Ga. 849, 353 S.E.2d 466, 1987 Ga. LEXIS 631

Snippet: powers under OCGA § 9-7-6 to cloak Andersen in immunity. In other words, OCGA § 9-7-6 and the order here