Grant v. Grant

Jenkins, Chief Justice.

1. It is the general rule that, where an auditor has failed ,to make a ruling upon demurrers or other questions of law properly raised, such a failure should be taken advantage of by motion to recommit, and not by an exception of law filed to such report. Hosher v. Fitzpatrick, 142 Ga. 384 (82 S. E. 1065). However, where such a motion to recommit is actually though irregularly urged in connection with an exception of law, this court would ordinarily pass upon the exceptions taken to the order of the lower court overruling such a motion to recommit. But, where, as here,…