121 Ga. 816 | Ga. | 1905
Exceptions of fact to an auditor’s report are for a jury in the superior court; exceptions of law are for the court. Whether, in the absence of exceptions of. fact, the court can, without submitting the case to a jury and without rereference to the-auditor, frame a decree at variance with the facts reported by the auditor, is a question not involved in this case. “ When "there is an error of law apparent on the face of the auditor’s report wholly irrespective of the evidence on which it is based, then the court can correct that error by its judgment.” Brinson v. Wessolowsky, 57 Ga. 143; Anderson v. Usher, 59 Ga. 577. It can make no difference that no exceptions of law have been filed, or if filed have been withdrawn. We are not aware of any law requiring a judge to make an erroneous decree, based on á palpably errone=ous report of law by an auditor, merely because the party affected