Green & Sutton v. Valdosta Guano Co.
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Mitchell. Berrien superior court. October 13, 1903. The Valdosta Guano Company sued Green & Sutton on a promissory note for $1,831.83 and interest, on which there were-certain credits. ' The defendants, by their plea, set out a list of additional payments for which they claimed credit. Over the-objection of the defendants the case was referred to an auditor to pass upon all questions of law and fact.
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Exceptions to auditor’s report. Before Judge Mitchell. Berrien superior court. October 13, 1903. The Valdosta Guano Company sued Green & Sutton on a promissory note for $1,831.83 and interest, on which there were-certain credits. ' The defendants, by their plea, set out a list of additional payments for which they claimed credit. Over the-objection of the defendants the case was referred to an auditor to pass upon all questions of law and fact. He reported, among other things, (2) that he had overruled the defendants’ motion to refer the matter back to the court without a hearing; (3) that he…
1Opinion of the CourtLamar, J.
The fact that the note designated attorney’s fees as “liquidated damages” did not deprive the plaintiff of the right to a judgment therefor, if the other conditions for a recovery existed. The first six exceptions were wholly insufficient in form; the assignments of error were not complete in themselves. They did not set out the ruling complained of, or the question or answer or evidence objected to. Under repeated rulings on this subject, the court did not err in striking them.
The complicated character of the issues usually involved in equity cases, together with the fact that evidence…
2Cases cited2 opinions
- Anderson v. BlairSupreme Court of Georgia · 1904
- Poullain v. BrownSupreme Court of Georgia · 1888
3Cited by13 opinions
- Holton v. LankfordSupreme Court of Georgia · 1939
- Bird v. South Georgia Industrial Co.Supreme Court of Georgia · 1920
- Fuqua v. HaddenSupreme Court of Georgia · 1941
- Johnson v. City of CairoCourt of Appeals of Georgia · 1921
- McDuffie v. Merchants & Citizens Bank of McRaeSupreme Court of Georgia · 1933
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