Electric City Brick Co. v. Hagler

(After stating the foregoing facts.)

The case is in this court upon exceptions to the order overruling the demurrers to the amended petition; and upon exceptions to the entering of final judgment in the case, and declining to submit the exceptions of fact to a jury for .its consideration. This case is not, as contended, an action at law, where exceptions of fact to an auditor’s report are required as matter of law to be submitted to a jury (Weed v. Gainesville Ry., 119 Ga. 576 (6, 7), Green v. Valdosta Guano Co., 121 Ga. 131 (2), but is an equitable action where the trial judge in his…