Legal Opinion

Smith v. Smith

Supreme Court of Georgia

Decided January 11, 1911PublishedCited by 3 opinions

Exceptions to 'auditor’s report. Before Judge Park. Decatur superior court.. November 25, 1909.

1Opinion of the CourtEvans, P. J.

1. A petition by one partner against his copartner, praying for a dissolution of the partnership, an accounting, and an injunction, is an equitable proceeding (Fowler v. Davis, 120 Ga. 442 (47 S. E. 951)), and the judge may refer all or any part of the facts to an auditor to investigate and report the result to the court.

2. “If the auditor failed to report with' sufficient fullness on any issue, a motion for a rereference, not an exception to the report, was the proper remedy.” Fricker v. Americus Improvement Co., 124 Ga. 165 (7), 172 (52 S. E. 65). Civil Code, § 4593.

3. The motion to…

2Cases cited3 opinions

  1. Fricker v. Americus Manufacturing & Improvement Co.Supreme Court of Georgia · 1905
  2. Fowler v. DavisSupreme Court of Georgia · 1904
  3. Littleton v. Patton & Co.Supreme Court of Georgia · 1900

3Cited by3 opinions

  1. Bickerstaff v. TurnerSupreme Court of Georgia · 1939
  2. Collins v. Lyon, Lyon & Company, Inc.Supreme Court of Georgia · 1966
  3. Benton v. RobertsCourt of Appeals of Georgia · 1936

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