Hosher v. Fitzpatrick
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Walker. Wilkes superior court. September 3, 1915. .
1Per curiam
1. The allegations of the defendants’ answer on the subject of accord and satisfaction are to be construed, upon demurrer, in connection with the recitals of certain exhibits attached to and made a part of the answer. When the whole answer thus constituted is considered, it is insufficient to set up accord and satisfaction of any of the matters in dispute.
2. Objection to the form of the auditor’s report should be taken advantage of by motion to recommit, and not by exceptions of law to the report. Southern Pine Co. v. Dickey, 136 Ga. 662 (71 S. E. 1110).
3. The rulings' on evidence to which…
2Cases cited1 opinion
- Southern Pine Co. v. DickeySupreme Court of Georgia · 1911
3Cited by6 opinions
- Broderick v. ReidSupreme Court of Georgia · 1927
- Clements v. FletcherSupreme Court of Georgia · 1925
- Apartment & Hotel Financing Corp. v. WillCalifornia Court of Appeal · 1924
- Citizens & Southern National Bank v. FlemingSupreme Court of Georgia · 1935
- Lockett v. National Life & Accident InsuranceSupreme Court of Georgia · 1942
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