175 Ga. 150 | Ga. | 1932
In the trial court this case was referred to an auditor. Both parties filed exceptions to the findings of the auditor. The decree of the court contained the following: “After consideration of the entire record in the case and oral and written argument of counsel, it is ordered, adjudged, and decreed that all exceptions of law and of fact to the auditor’s report be and the same are hereby disapproved and overruled, and the findings of the auditor, as herein supplemented, are hereby made the judgment of the court.” On writ of error sued out by Colonial Hill Company and other defendants the judgment of the trial court was reversed. 174 Ga. 204 (162 S. E. 531). No exception was taken by Mortgage Bond
The original judgment recited that “all exceptions of law and fact to the auditor’s report” were disapproved and overruled, and the findings of the auditor were made the judgment of the court. There is nothing vague, uncertain, or ambiguous in the language used. “A judgment of a court of competent jurisdiction is conclusive between the same parties and their privies as to all matters put in issue, or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered.” Civil Code
The second headnote does not require elaboration.
Judgment affirmed.