133 Ga. 193 | Ga. | 1909
(After stating the facts.)
Counsel for defendant in error cites Fowler v. Davis, 120 Ga. 442 (47 S. E. 951), as laying down a different rule from that above announced. The first headnote of that case is as follows: “While the report of the auditor was concise and brief, it appears to embrace findings upon all of the material issues made by the pleadings; and it has not been made to appear that there was any error in refusing to recommit the report on the ground that the same was too indefinite and did not cover the issues involved.” The plaintiff in that case contended that there had been a partnership betwen him and the defendant for the buying and selling of live stock and tan-bark and the conducting of a livery-stable business, and that the defendant was indebted to him upon .an accounting of the partnership matters. The defendant denied the alleged partnership, and denied that he was indebted to the plaintiff in any amount, and claimed that the plaintiff was indebted to him in stated sums upon notes and accounts, for which judgment was prayed. The case was referred to an auditor, who found that there was no partnership, and that, upon an accounting between the parties, growing out of the various transactions, the defendant was
We have not, of course, passed on all of the assignments of error based on various exceptions to the auditor’s report, for the reason that many of them were dependent upon the evidence submitted to the auditor and may be materially affected by questions as to the correctness of his rulings as to the admission or the rejection of evidence, which rulings were not presented in his report, but were, according to his statement in the report, to be found scattered through the very voluminous report of evidence, and consequently were not before the trial judge in such form as to enable him to intelligently pass upon them. After the report has been recommitted and another report made in accordance with the rulings we have announced, all parties will be at liberty to make such proper exceptions thereto as they may see fit, save as to such questions as have been herein determined.
Judgment reversed on both the main and the cross-bill of exceptions.