Fuqua v. Livingston
Fuqua v. Livingston
Opinion of the Court
Exceptions of fact were filed to the report of an auditor. The judge passed an order that the case should be submitted to a jury on the exceptions of fact. On this trial the judge properly charged .the jury that the report of the auditor “is to be taken as prima facie correct, and the burden is upon the party filing the exceptions to establish his right to have his exceptions sustained.” Civil Code (1910), § 5141. The jury found against the exceptions of fact. A motion for a new trial on the general grounds was filed by the plaintiff, it was overruled, and he excepted. “The motion for a new trial contained only the usual
Judgment affifrmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.