Simpson v. Hurst
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Worrill. Clay superior court. September 16, 1913. J. L. Hurst brought an action against J. B. Simpson.
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Exceptions to auditor’s report. Before Judge Worrill. Clay superior court. September 16, 1913. J. L. Hurst brought an action against J. B. Simpson. The ease involved matters of accounting between the plaintiff and the defendant, and the court referred the case to an auditor, with power to pass upon all questions legal and equitable, and on all facts involved in the controversy, and with directions to hear and determine the questions involved, and to file his report not less than thirty days before the convening of the March term, 1913, of Clay superior court. The auditor heard the ease on…
1Opinion of the CourtHill, J.
1. Where a ease involving an accounting between the parties was referred to an auditor, with directions to hear the case and to file his report thirty days before the succeeding term of court, and the report was filed less than thirty days prior to the term of court; and where on motion the case was rereferred to the auditor because the report was not filed within the time specified, and the same report was again filed, the report so filed by the auditor will not be treated as a nullity, but the failure to file the report in time will be treated as an irregularity.
2. No complaint is made by…
2Cases cited1 opinion
- Hale v. OwensbySupreme Court of Georgia · 1909
3Cited by2 opinions
- Stovall v. MendenhallSupreme Court of Georgia · 1941
- Stovall v. MendenhallSupreme Court of Georgia · 1941