Lefkoff v. Sicro

1. "When the issues of both law and fact in an equity cause are referred to an auditor," he "takes the place of the jury and the judge, and is pro hac vice the chancellor. To his report exceptions can be filed, to be separately classified as exceptions of law and exceptions of fact. [Code, § 10-301.] When exceptions of law are filed, they are for the exclusive consideration of the judge. [§ 10-401.] In equitable proceedings, if exceptions of fact are filed, and the judge approves the same, the same shall be submitted to the jury." § 10-402. Wiley v. Sparta, 154 Ga. 1, 23 (114 S.E. 45).

2. "The…