Wade v. Peacock

Exceptions of fact to an auditor’s report are for a jury in the superior court; exceptions of law are for the court. Whether, in the absence of exceptions of. fact, the court can, without submitting the case to a jury and without rereference to the-auditor, frame a decree at variance with the facts reported by the auditor, is a question not involved in this case. “ When "there is an error of law apparent on the face of the auditor’s report wholly irrespective of the evidence on which it is based, then the court can correct that error by its judgment.” Brinson v. Wessolowsky, 57 Ga. 143;…