Disposition of Books and Papers by Judgment

1. Law
2. Georgia Code
3. Civil Practice
4. Extraordinary Writs
5. Quo Warranto
6. Disposition of Books and Papers by Judgment

Whenever the right to any office is decided, the judgment fixing the right shall further provide for the delivery to the person held to be entitled to the office of all the books and papers of every sort belonging to the office, which judgment shall be enforced as decrees in equity are enforced.

(Ga. L. 1871-72, p. 41, § 2; Code 1873, § 3209; Code 1882, § 3209; Civil Code 1895, § 4884; Civil Code 1910, § 5457; Code 1933, § 64-202.)

Cross references.

- Duty of public officer to deliver all books, papers, and other office property to his qualified successor, § 45-6-7 et seq.

JUDICIAL DECISIONS

Cited in Roan v. Rodgers, 201 Ga. 696, 40 S.E.2d 551 (1946).

RESEARCH REFERENCES

Am. Jur. 2d.

- 65 Am. Jur. 2d, Quo Warranto, §§ 132, 138.

C.J.S.

- 74 C.J.S., Quo Warranto, § 84 et seq.

CHAPTER 7 AUDITORS

Sec.

• 9-7-1. Duties of auditor.
• 9-7-2. When facts referred to auditor; on application and notice; on court's own motion.
• 9-7-3. Appointment of auditor in matters of account; on application and notice; on court's own motion.
• 9-7-4. Appointment of person agreed on.
• 9-7-5. Where hearing held; notice of hearing; auditor's oath.
• 9-7-6. Powers of auditor generally.
• 9-7-7. Contempt referred to superior court.
• 9-7-8. Contents of report - Rulings, findings, and conclusions.
• 9-7-9. Contents of report - Motions and rulings; transcript; documentary evidence.
• 9-7-10. Contents of report - Evidence deemed inadmissible.
• 9-7-11. Written notice of filing report.
• 9-7-12. Report prima facie true.
• 9-7-13. When report recommitted.
• 9-7-14. Time for filing exceptions; classification; extension on application; what exceptions to specify.
• 9-7-15. Exceptions to matters outside record; certification by auditor or return with objections; application for mandamus; notice and hearing; effect of mandamus absolute.
• 9-7-16. Exceptions of law for judge.
• 9-7-17. When exceptions of fact tried by jury; burden of proof; right to open and conclude.
• 9-7-18. Trial on the record; what additional evidence introduced; what evidence excluded.
• 9-7-19. When new testimony considered; application; notice; rights of opposite party.
• 9-7-20. Form of jury's verdict.
• 9-7-21. Court to frame judgment or decree.
• 9-7-22. Auditor's fees.
• 9-7-23. Compensation of reporter; by whom paid.

Cross references.

- Procedure for appeal from decision of superior court reviewing decision of auditor, § 5-6-35.

Appointment of special master to conduct condemnation proceedings, § 22-2-100 et seq.

Law reviews.

- For article, "Auditors - A Beacon in Complex Litigation," see 25 Ga. St. B.J. 208 (1989).

JUDICIAL DECISIONS

All provisions in Code with respect to auditors are to be strictly construed; for if the report of the auditor is not excepted to, the court frames such a verdict or decree as may be proper. Barber v. Southern Serv. Corp., 182 Ga. 124, 185 S.E. 93 (1936).

Cited in Barber v. Southern Serv. Corp., 182 Ga. 124, 185 S.E. 93 (1936); Martin v. Home Owners Loan Corp., 198 Ga. 288, 31 S.E.2d 407 (1944); Wiggins v. City of Macon, 120 Ga. App. 197, 169 S.E.2d 667 (1969); Higdon v. Gates, 238 Ga. 105, 231 S.E.2d 345 (1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Equity, § 226 et seq.

ALR.

- Conclusiveness of or weight attached to findings of fact of master in chancery, 33 A.L.R. 745.

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