127 Ga. 682 | Ga. | 1907
This was an equity case, which was referred to an auditor. The time for the auditor to make his report was extended by various orders; the final order of extension providing that the report should be filed thirty days before the next ensuing
In the case of Peavy v. McDonald, 119 Ga. 865, the statement is made in the headnotes 'that the failure of an auditor to file his report within the time limited by the order of the court appointing him deprives him of all jurisdiction of the case, and that a report thereafter filed is a nullity. An examination of the original record in that case discloses that the objection to the auditor’s report, on the ground that it was not filed in due time, was urged by an exception filed within twenty days after the, report of the auditor was filed. Hence the only question presented in that case was whether an .auditor’s report not filed in the time fixed by the order of the court was good as against an exception duly filed, raising that objection. The failure to file the report in time is certainly an irregularity, and may be taken advantage of, either by an exception or an independent motion. Whether the objection filed in that ease be treated as an exception pure and. simple, or as a motion to disregard the report, it was filed within twenty days after the report was filed, and hence it was not necessary for the court to determine anything else than the simple question as to whether such an irregularity, taken advantage of by an objection filed within twenty days, would prevent the court from considering- the report. The language, therefore, in the headnotes, in the case above referred to, was broader than was re
Judgment reversed.