Reports of Cases in Law And Equity, Argued And Determined in the ..., volume 50
Reports of Cases in Law And Equity, Argued And Determined in the ..., volume 50
Georgia. Supreme Court
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Because the verdict is decidedly and strongly against the weight of the evidence. 3d. Because the Court erred in refusing to hear counsel for defendant : 1st. Upon his protest against the auditor's exer- cising the functions and powers conferred upon him by the order of Court appointing him. 2d. Upon the exceptions filed to the auditor's report after it was made and returned into Court, the Court not only refusing to hear argument against the admissibility of the auditor's report, but also or- ...dering it read as a part of the pleadings in the case to the jury, then adjourning the Court over until next morning, 4th. Because the Court erred next morning in refusing, upon the opening of the Court, to hear argument either upon said protest or exceptions, and in saying that he would submit the following points arising from that report to the jury, to- wit: The questions to be submitted to the jury — First. Did the respondent sustain damage by the conduct and management by complainant of the business of Tutt & Land, and how much ?
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