In all cases where exceptions of fact are submitted to the jury, the same shall be determined upon the testimony reported by the auditor. Only so much of the evidence as is material and pertinent to the issue then on trial shall be read to the jury. Admissible material evidence introduced and not reported and evidence improperly excluded shall also be submitted to the jury and all inadmissible evidence shall be excluded from their consideration.
History. Ga. L. 1894, p. 123, §§ 18, 20; Civil Code 1895, §§ 4598, 4600; Civil Code 1910, §§ 5144, 5146; Code 1933, §§ 10-404, 10-406.
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