O.C.G.A. § 9-7-9 (2019)
Contents of report - Motions and rulings; transcript; documentary evidence
The auditor shall make an accurate report of all motions made before him and of his rulings thereon, and either the auditor or a party shall have the evidence and proceedings recorded by a court reporter. Any original document introduced in evidence shall be properly identified and attached to the report.
History
Ga. L. 1894, p. 123, § 5; Civil Code
1895, § 4585; Civil Code 1910, § 5131; Code 1933, § 10-201.
Annotations
JUDICIAL DECISIONS Stenographic report as auditor’s brief of evidence. - An auditor may file with a report under this section, as a brief of the oral evidence, the questions and answers of witnesses as transcribed from a stenographic report of the case. Linder v. Whitehead, 125 Ga. 115, 53 S.E. 588, 1906 Ga. LEXIS 69 (1906) (see O.C.G.A. § 9-79). An auditor may file a stenographic report of the oral testimony and may file the original documents introduced in evidence instead of briefing them and the same may be approved by the court as an auditor’s brief of the evidence. McKenzie v. Perdue, 67 Ga. App. 202, 19 S.E.2d 765, 1942 Ga. App. LEXIS 353, rev’d, 194 Ga. 356, 21 S.E.2d 705, 1942 Ga. LEXIS 587 (1942). The auditor’s brief of evidence filed in connection with the auditor’s report is to be considered a brief although it may embody the stenographic report of the testimony in full. McKenzie v. Perdue, 67 Ga. App. 202, 19 S.E.2d 765, 1942 Ga. App. LEXIS 353, rev’d, 194 Ga. 356, 21 S.E.2d 705, 1942 Ga. LEXIS 587 (1942). Incorporation of evidence by reference to various documents filed with clerk of courts is improper. Southern Pine Co. v. Dickey, 136 Ga. 662, 72 S.E. 1110 (1911). Form of auditor’s report can be dispensed with by agreement of the par-
ties. King v. Steel Bldrs., Inc., 91 Ga. App. 203, 85 S.E.2d 466, 1954 Ga. App. LEXIS 896 (1954). There is nothing in this section or chapter to provide that the form of an auditor’s report which stated only factual conclusions, and contained no brief of evidence, agreed to by all parties and under the stipulations, is void and illegal. King v. Steel Bldrs., Inc., 91 Ga. App. 203, 85 S.E.2d 466, 1954 Ga. App. LEXIS 896 (1954) (see O.C.G.A. § 9-7-9). Requirement of brief of evidence is met where brief is agreed upon by parties and approved by judge seven months after the report is filed even though there is nothing in the record to show that the auditor made the brief. Eatonton Oil & Auto Co. v. Greene County, 53 Ga. App. 145, 185 S.E. 296, 1936 Ga. App. LEXIS 28 (1936). Jury instructions. - In the trial of a case which was submitted to an auditor, who made the auditor’s findings of law and fact, to which exceptions were filed, it was not ground for new trial for the court to charge the jury the law as contained in this section which relate to the duties of an auditor; such charge was not confusing or misleading to the jury, nor erroneous for any reason assigned. Harrison v. Mayo, 169 Ga. 799, 151 S.E. 484, 1930 Ga. LEXIS 35 (1930) (see O.C.G.A. § 9-7-9).
RESEARCH REFERENCES Am. Jur. 2d. 27A Am. Jur. 2d, Equity, § 207 et seq.
C.J.S. 20 C.J.S., Counties, § 216 et seq.