119 Ga. 637 | Ga. | 1904
(after stating the foregoing facts.)
The plaintiffs in error properly omitted from the record much of the testimony in the auditor’s report, relating, as it did, to matters disconnected with the assignment of errors. In the main the exceptions in this case are admirably arranged; for they can be considered without constant reference to other parts of the record. The ruling complained of is set out, the evidence bearing thereon follows in immediate connection, and the error is clearly and distinctly alleged. All of these we have considered and discussed. But the exceptions as to the bar by the statute of limitations of certain items of the account, as to the admission of the certificate of deposit, as to the rent of the Mims house, and others can not be considered without a re-examination of the entire record in order to determine whether there was error; and if so, what was the materiality of the finding, or how and in what manner and to what extent they affected the result, or why a new trial should be granted therefor. The burden upon the plaintiff here is twofold. He must not only show error, but that it was harmful. And in the case of auditors’ reports, where the exception is not to a verdict, but to independent and isolated facts, it ought to be shown to what extent they have affected the final decree. For suppose an auditor does admit improper evidence, or does make an improper
Judgment affirmed.