Orr v. Cooledge
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Lumpkin. Eulton superior court. March 29, 1905. Mrs. Orr brought an equitable petition against Cooledge and others. The averments of the petition will be found in the statement of facts preceding the opinion when the case was before this court on another occasion. Orr v. Cooledge, 117 Ga. 195. It was then held that the petition set forth a cause of action, and that the court erred in sustaining a demurrer to it.
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Exceptions to auditor’s report. Before Judge Lumpkin. Eulton superior court. March 29, 1905. Mrs. Orr brought an equitable petition against Cooledge and others. The averments of the petition will be found in the statement of facts preceding the opinion when the case was before this court on another occasion. Orr v. Cooledge, 117 Ga. 195. It was then held that the petition set forth a cause of action, and that the court erred in sustaining a demurrer to it. The defendants filed an answer in which they denied any liability whatever to the plaintiff. The ease was referred to an auditor. At the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1. This was an equity case. The rule in reference to the manner in which exceptions to an auditor’s report in such a case shall be framed, where the exception is dependent upon the evidence, is now well settled. One of the latest utterances of this court in reference to this matter is found in the case of First State Bank v. Avera, 123 Ga. 598. See also Armstrong v. Winter, 122 Ga. 869, *499and cit. No less than eleven of the^ exceptions of fact and seventeen of the exceptions of law in the present case are subject to the objection that, being dependent upon…
2Cases cited4 opinions
- Hudson v. HudsonSupreme Court of Georgia · 1904
- Weldon v. HudsonSupreme Court of Georgia · 1904
- First State Bank v. AveraSupreme Court of Georgia · 1905
- Armstrong v. WinterSupreme Court of Georgia · 1905
3Cited by9 opinions
- Fitzpatrick v. Massee-Felton Lumber Co.Supreme Court of Georgia · 1939
- Faucett v. RogersSupreme Court of Georgia · 1921
- Bird v. South Georgia Industrial Co.Supreme Court of Georgia · 1920
- Smith v. WilkinsonSupreme Court of Georgia · 1915
- Brown v. ParksSupreme Court of Georgia · 1940
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