Perkins v. Castleberry
Supreme Court of Georgia
Exception to auditor’s report. Before Judge Lumpkin. Eulton superior court. June 24, 1904. The exception to the auditor's report was classified as an exception of law, and was in these words: “ The auditor erred in finding the following judgment, to wit: ‘The master further finds that the plaintiff would be entitled to a Verdict and judgment for said sums against Zach.
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Exception to auditor’s report. Before Judge Lumpkin. Eulton superior court. June 24, 1904. The exception to the auditor's report was classified as an exception of law, and was in these words: “ The auditor erred in finding the following judgment, to wit: ‘The master further finds that the plaintiff would be entitled to a Verdict and judgment for said sums against Zach. T. Castleberry as administrator of the estate of M. T. Castleberry, late of said county, deceased, security on the bond of the defendant Crawford, to be made only de bonis testatoris, but under the proof submitted the master…
1Opinion of the CourtCobb, J.
This was an equity case. The exception was classified as an exception of law. It is by no means clear that this was a -correct classification, and possibly this was a sufficient reason to strike the exception. Tippin v. Perry, 122 Ga. 120. But without reference to this question, and whether the exception be treated as an exception of law or as an exception of fact„ it was insufficient; for in either case the determination of the question raised was dependent upon the evidence in the ease,, and the exception failed to point out those portions of the evidence that were úecessary to a…
2Cases cited4 opinions
- Weldon v. HudsonSupreme Court of Georgia · 1904
- Anderson v. BlairSupreme Court of Georgia · 1904
- Butler, Stevens & Co. v. Georgia & Alabama RailwaySupreme Court of Georgia · 1904
- Tippin v. PerrySupreme Court of Georgia · 1905
3Cited by4 opinions
- First State Bank v. AveraSupreme Court of Georgia · 1905
- Armstrong v. WinterSupreme Court of Georgia · 1905
- Fuqua v. HaddenSupreme Court of Georgia · 1941
- Tovell v. LegumSupreme Court of Georgia · 1950