120 Ga. 699 | Ga. | 1904
Weldon having filed his equitable petition against Hudson and Davis, the case was referred to an auditor. The auditor filed a brief of the evidence, and a report which was in the main in favor of the defendant, but both parties excepted. The defendants moved to strike all of the exceptions of the plaintiff, on the ground that they were insufficient, did not clearly and distinctly specify^the error complained of, and that none of them were in proper form. This motion having been sustained, the defendants withdrew their exceptions, and thereupon a decree was entered in their favor. The bill of exceptions recites that the pleadings and the evidence are both immaterial to a consideration of the errors assigned. Several of the exceptions assigned as error that the auditor’s conclusion is unauthorized by the facts, as will appear by a reference to designated pages of the brief of evidence, in connection with the finding of facts on a given page and line of the auditores findings of fact. Under this form of an exception it is first of all necessary to find the ruling complained of, then to search through the designated portions of the brief of evidence to discover what was the evidence, and, thus having secured the material, determine whether or not the excep
The court was correct in striking exceptions of law numbered 1, 2, 3, and 4, and exceptions of fact numbered 1, 2, 3, and 4. The fifth exception of law was, however, sufficient in form. It stated the ruling complained of, and set forth the evidence, or findings of fact by the auditor, relied on to support the assignment of error. It was therefore error to dismiss this exception. But the defendant contends that a reversal should not be ordered because of this ruling, inasmuch as it appears elsewhere in the auditor’s report that the parties had reached a settlement which had been executed, and that therefore it would be a vain and useless matter to have a hearing which would necessarily result in sustaining the auditor’s report, regardless of any question of notice. But the bill of exceptions recites that the court below did not consider the pleadings or tha evidence, but dismissed all
Reversed.