Murray v. Hawkins
Supreme Court of Georgia
Exceptions to auditor’s report.. Before Judge Littlejohn. Sumter superior court. August 31, 1914. J. J. Murray, administrator de bonis non of J. E. J. Horne, brought an action against Mrs. C. A. D. Hawkins, to set aside as fraudulent the following award: • " State of Georgia, Sumter County.
Read the full summary
Exceptions to auditor’s report.. Before Judge Littlejohn. Sumter superior court. August 31, 1914. J. J. Murray, administrator de bonis non of J. E. J. Horne, brought an action against Mrs. C. A. D. Hawkins, to set aside as fraudulent the following award: • " State of Georgia, Sumter County. This agreement made and entered into this the 11th day of July, 1904, between J. J. Murray, administrator de bonis non of the estate of J. E. J. Horne, of the pne part, and Mrs. C. A. D. Hawkins of the second part, both of Sumter County, Ga. "1st. Whereas certain differences having arisen as to the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The form of the decree is attacked. It is said that the court should have passed seriatim on each exception of law and fact. In an equity cause exceptions of fact are submitted to a jury only when approved by the court. Civil Code (1910), § 5141. Where a verdict is returned in an issue formed on exceptions of fact to an auditor’s report, there must be a specific finding on each exception. It is insisted that inasmuch as the court by consent heard the case without a jury, it was his duty to pass seriatim upon-the exceptions of fact. This contention is not…
2Cases cited5 opinions
- Lamar v. AllenSupreme Court of Georgia · 1899
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
- McGhee v. Mayor of GainesvilleSupreme Court of Georgia · 1887
- Pike v. StallingsSupreme Court of Georgia · 1883
- Callaway v. BridgesSupreme Court of Georgia · 1887
3Cited by17 opinions
- Holton v. LankfordSupreme Court of Georgia · 1939
- Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
- Lamb v. HowardSupreme Court of Georgia · 1920
- Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
- Baker v. CohnAppellate Division of the Supreme Court of the State of New York · 1943
12 more not listed; retrieve them via the Exa API.