105 Ga. 293 | Ga. | 1898
Lead Opinion
The Armour Packing Company and others, creditors of the W. O. Peeples Grocery Company, a Tennessee corporation, brought an equitable petition against it and against C. C. Bemis and D. M. Peeples, in the superior court of Whitfield county. The case was referred to an auditor, to whose report numerous exceptions, both of law and of fact, were filed. The court sustained some of the exceptions of law, and overruled the -others! It is only neeessary in this connection to remark that none of the -exceptions sustained by the court were of *suffi
'Judgment affirmed.
Concurrence Opinion
I concur upon the authority of the previous de•.cisions of this court, which are binding upon me. As an open question, I would be disposed to hold that the plaintiffs in error " had a constitutional right to a trial by jury upon the issues pre- . señted by their exceptions of fact to the auditor’s report, of which they could not be deprived by legislative enactment.