Supreme Court of Georgia, 1901

Phillips & Co. v. DeBray

Phillips & Co. v. DeBray
Supreme Court of Georgia · Decided January 25, 1901 · Simmons
112 Ga. 628; 37 S.E. 887; 1901 Ga. LEXIS 27

Phillips & Co. v. DeBray

Opinion of the Court

Simmons, C. J.

1. “Under the provisions of the present code of this State, a party is not entitled to have exceptions of fact to an auditor’s report in an equity case passed upon by a jury, unless the judge approves such exceptions. ’’ Lamar v. Allen, 108 Ga. 158.

2. There was evidence to support the auditor’s finding, which was approved by the judge of the superior court. This court will, therefore, not interfere to disturb such finding. Judgment affirmed.

All the Justices concurring.

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