In all law cases where an auditor is appointed, exceptions of fact to his report shall be passed upon by the jury as in other issues of fact, and in equity cases by the jury when approved by the judge. The burden of proving error in the report of the auditor shall be upon the party making the exceptions, who shall have the right to open and conclude the argument. In all cases where both parties file exceptions of fact, the party against whom judgment would be rendered if the report were approved shall be entitled to open and conclude the argument.
History. Ga. L. 1894, p. 123, §§ 15-17; Ga. L. 1895, p. 47, § 3; Civil Code 1895, §§ 4595, 4596, 4597; Civil Code 1910, §§ 5141, 5142, 5143; Code 1933, §§ 10-402, 10-403, 37-1103.
Structure Georgia Code
§ 9-7-2. When Facts Referred to Auditor; on Application and Notice; on Court’s Own Motion
§ 9-7-4. Appointment of Person Agreed On
§ 9-7-5. Where Hearing Held; Notice of Hearing; Auditor’s Oath
§ 9-7-6. Powers of Auditor Generally
§ 9-7-7. Contempt Referred to Superior Court
§ 9-7-8. Contents of Report — Rulings, Findings, and Conclusions
§ 9-7-9. Contents of Report — Motions and Rulings; Transcript; Documentary Evidence
§ 9-7-10. Contents of Report — Evidence Deemed Inadmissible
§ 9-7-11. Written Notice of Filing Report
§ 9-7-12. Report Prima Facie True
§ 9-7-13. When Report Recommitted
§ 9-7-16. Exceptions of Law for Judge
§ 9-7-17. When Exceptions of Fact Tried by Jury; Burden of Proof; Right to Open and Conclude
§ 9-7-18. Trial on the Record; What Additional Evidence Introduced; What Evidence Excluded
§ 9-7-19. When New Testimony Considered; Application; Notice; Rights of Opposite Party
§ 9-7-20. Form of Jury’s Verdict