A decree is the judgment of the judge in equitable proceedings upon the facts ascertained and should be signed by him and entered on the minutes of the court.
(Orig. Code 1863, § 4122; Code 1868, § 4153; Code 1873, § 4212; Code 1882, § 4212; Civil Code 1895, § 4851; Civil Code 1910, § 5424; Code 1933, § 37-1201.)
Cross references.- Verdict and judgment generally, T. 9, C. 12.
JUDICIAL DECISIONS
A decree is the judgment or sentence of a proceeding instituted in a court of equity. Loyd, Perryman & Mills v. Hicks, 31 Ga. 140 (1860).
A return by appraisers is not a decree because it is not "the judgment of the judge." Brackett v. Allison, 119 Ga. App. 632, 168 S.E.2d 611 (1969).
Decree should conform to the law.
- 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, the judge in framing his decree should correct any error of law apparent on the face of the report, and make his decree conform to the law. Owen v. S.P. Richards Paper Co., 188 Ga. 258, 3 S.E.2d 660 (1939).
A decree must follow the verdict upon which it is founded; but this principle does not require that no decree be rendered unless the verdict contains all the facts upon which it is founded. A decree should follow the finding of facts found by a special verdict; but, while the judge in rendering the decree cannot go contrary to the facts found in a special verdict, he may examine the pleadings, admissions made by the parties, and all undisputed facts. In the absence of anything to the contrary, it will be presumed that the judge was authorized by the pleadings, admissions made by the parties, or by the undisputed evidence, to enter the decree which he rendered. Gray v. Junction City Mfg. Co., 195 Ga. 33, 22 S.E.2d 847 (1942); Allen v. Allen, 198 Ga. 269, 31 S.E.2d 483 (1944).
In proceedings for equitable relief, it is the duty of the judge to submit such issues as will enable him to make a decree from the verdict, the pleadings and the undisputed facts. Allen v. Allen, 198 Ga. 269, 31 S.E.2d 483 (1944).
Only such questions need be put to the jury as will enable them fully to find the facts in issue and not admitted by the pleadings. Allen v. Allen, 198 Ga. 269, 31 S.E.2d 483 (1944).
The construction of an ambiguous decree made by the judge who granted it is conclusive. G.S. Baxter & Co. v. Camp, 129 Ga. 460, 59 S.E. 283 (1907).
Cited in Seay v. Treadwell, 43 Ga. 564 (1871); Webster v. Dundee Mtg. & Trust Co., 93 Ga. 278, 20 S.E. 310 (1893); Carstarphen v. Holt, 96 Ga. 703, 23 S.E. 904 (1895); Crosby v. Pittman, 129 Ga. 537, 59 S.E. 279, 121 Am. St. R. 234 (1907); Winn v. Walker, 147 Ga. 427, 94 S.E. 468 (1917); Holton v. Lankford, 189 Ga. 506, 6 S.E.2d 304 (1939); Peppers v. Peppers, 194 Ga. 10, 20 S.E.2d 409 (1942).
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 245 et seq.
C.J.S.- 31 C.J.S., Equity, § 581.