Foster v. Pennsylvania Millers Mutual Insurance Co.

Full title: FOSTER v. PENNSYLVANIA MILLERS MUTUAL INSURANCE COMPANY

Court: Court of Appeals of Georgia

Date published: Oct 13, 1977

240 S.E.2d 144 (Ga. Ct. App. 1977)

240 S.E.2d 144

Opinion

54535.

ARGUED SEPTEMBER 21, 1977.

DECIDED OCTOBER 13, 1977. REHEARING DENIED NOVEMBER 9, 1977.

Action for damages. Cobb Superior Court. Before Judge Bullard.

White Jewett, C. Lawrence Jewett, for appellant.

Nunn, Geiger Pierce, David M. Pierce, for appellee.

SMITH, Judge.

Appellant Foster enumerates as error the judgment of the trial court, framed in accordance with an auditor's report. We find the appeal to be meritless. Neither proper exception to the report nor motion for recommittal having been made, it became the duty of the trial court to enter the decree consistent with the auditor's decision. Code § 10-407.

Judgment affirmed. Bell, C. J., and McMurray, J., concur.

ARGUED SEPTEMBER 21, 1977 — DECIDED OCTOBER 13, 1977 — REHEARING DENIED NOVEMBER 9, 1977.