
    Langford vs. Commissioners of Wilkinson County.
    Exceptions to Auditor’s Report, prom Wilkinson. Auditors. Practice in Superior Court. County Matters. Witness. Evidence. (Before Judge Lawson.)
    J. W. Lindsay, by brief, for plaintiff in error.
    F. Chambers, by brief, for defendants.
   Jackson, C. J.

1. Where an auditor made a report, and on exception the court remanded the case for another heáring, on the ground that the auditor had excluded a witness who was .competent, and upon another hearing before the auditor the testimony was admitted and exceptions again taken, the case was still in fieri, and it was competent-for the court to alter its former ruling and hold the witness incompetent. .

2. Where a county proceeded against its tax collector by issuing executions against him and. his sureties for a balance of money alleged to have been collected and not paid, and the collector defended by affidavit of illegality, alleging payment, he was not a competent witness to prove that he made such payment to the county treasurer, who had since died. 71 Ga., 458-461; 72 Id., 143; 65 Id., 406, 580; 66 Id., 139;. 63 Id., 410; 67 Id., 675; 59 Id., 342; 52 Id., 640.

Judgment affirmed.  