Pickens v. Jackson

When this ease was before this court on a former occasion (Pickens v. Jackson, 152 Ga. 100, 108 S. E. 536), the judgment of the trial court sustaining a general demurer to the petition as amended was reversed. After the judgment of the Supreme Court was made the judgment of the trial court, the ease was referred to an auditor. The plaintiff filed exceptions of fact and law to the auditor’s report. The trial judge disapproved the exceptions of fact, and overruled the exceptions of law. Held:

1. It was the province of the auditor to pass upon all questions of law and fact.

2. Though conflicting,…