Exceptions of law shall be for the exclusive consideration of the judge.
§ 9-7-16.Exceptions of law for judge
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
In one sentenceAssigns exceptions of law to the judge alone, keeping every question about whether the auditor correctly applied the law out of the jury’s hands and reserving that determination exclusively for the court reviewing the report.
Full Text of § 9-7-16
Plain-English Summary
This short provision draws a firm line in the review of an auditor’s report. Exceptions of law belong to the judge, and only the judge — the text says they “shall be for the exclusive consideration of the judge,” leaving no role for a jury in that determination.
The division pairs directly with 9-7-17, which sends exceptions of fact to a jury. Because exceptions must be labeled as law or fact when filed under 9-7-14(a), this section is where the “exceptions of law” label cashes out: those exceptions never reach the jury at all.
Frequently Asked Questions
Who decides exceptions of law to an auditor’s report?
The judge, exclusively.
Does a jury ever hear exceptions of law?
No — this section reserves exceptions of law for the exclusive consideration of the judge.
Why does it matter whether an exception is classified as law or fact?
Because it determines who reviews it — the judge alone for exceptions of law, and a jury for exceptions of fact under 9-7-17.
Where must exceptions be classified as law or fact in the first place?
At filing, under the classification requirement in 9-7-14(a).
Does this section explain the standard the judge should use in ruling on exceptions of law?
No — it assigns exclusive authority to the judge without prescribing a standard for the ruling.
Amendment History
Ga. L. 1894, p. 123, § 14; Civil Code 1895, § 4594; Civil Code 1910, § 5140; Code 1933, § 10-401.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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