13 Ga. App. 238 | Ga. Ct. App. | 1913
V. Hammond & Sons sued Harper in the county court of Chattooga county, upon an account, and that court rendered judgment for the plaintiffs. On appeal to the superior court his honor Judge Maddox referred the case to Hon. J. M. Bellah as auditor, and the auditor filed a report, finding in favor of the plaintiffs an amount $13 less than their claim. The defendant filed exceptions both of fact and of law, and the case as a whole was submitted to the judge of the superior court without intervention of a jury. The only exception of law complains that the auditor erred in admitting the plaintiffs’ ledger as a book of original entries. The exception of fact was based upon the contention that the evidence of V. Hammond did not prove a complete admission of indebtedness on the part of the defendant, and also that in the absence of the plaintiffs’ ledger, there was no evidence whatever to support the finding in favor of the plaintiffs.