Atlanta Ass'n of Fire Insurance Agents v. McDonald

Beck, Presiding Justice.

The record in this case is voluminous. We have given full consideration to all the assignments of error and the briefs of counsel. The case is in one respect unusual, if not peculiar, in that it was agreed by counsel for all parties that the court might pass upon questions of fact involved in the motion to recommit, without referring the case again to the auditor, reserving to each party the right to except to any findings of the court as fully as if they had been based upon findings by the auditor.

It is contended that the right of action for the relief awarded by the…