Poullain v. Poullain
Supreme Court of Georgia
Auditors. Masters. Evidence. Reasonable Doubt. Charge of Court. Gifts. Admissions. Fraud. Guardian and Ward. Ordinary. Accounts; Practice in Supreme Court. Verdict. Infancy. Amendment. Pleadings. Statute of Limitations. Before Judge Lawson. Greene Superior Court. September Term, 1885. Anna M. Poullain and Hallie B. Poullain (the latter by next friend) filed' their bill for an account and settlement against Thomas N. Poullain.
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Auditors. Masters. Evidence. Reasonable Doubt. Charge of Court. Gifts. Admissions. Fraud. Guardian and Ward. Ordinary. Accounts; Practice in Supreme Court. Verdict. Infancy. Amendment. Pleadings. Statute of Limitations. Before Judge Lawson. Greene Superior Court. September Term, 1885. Anna M. Poullain and Hallie B. Poullain (the latter by next friend) filed' their bill for an account and settlement against Thomas N. Poullain. The case was referred to an auditor, who made a report, and bofh parties filed exceptions thereto, but defendant subsequently withdrew his exceptions, and the case was…
1Opinion of the Court
Hall, Justice.
The first error assigned which we shall notice is that specified in the fourth ground of the motion for a new trial.
1. That an auditor’s or master’s report is prima facie correct as to the facts which it finds, and although it may. be excepted to, stands until overcome by evidence satisfactory to the jury, and that the onus is upon the party excepting to show that it is erroneous, is too clear and well established to admit either of controversy or question; but w.e cannot go to the extent of holding, with our learned brother, that, in order- to overcome the presumption in favor…
2Cases cited10 opinions
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3Cited by47 opinions
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