149 Ga. 605 | Ga. | 1919
These two cases were argued together, and the principal question involved is the same in both cases.
Louise Barley and others, plaintiffs in the one case, and W. C. McKinney, plaintiff in the other, filed their application for mandamus against J. B. Horton, ordinary of Ben Hill, county, to compel him to transmit the papers in a certain case alleged in their application to have been tried in the court of ordinary of Ben Hill county. The issues' involved in the cases were appealable. The appeal was filed in time, the accrued costs were paid, and a bond approved by the ordinary was filed in time; but the bond was payable to the ordinary instead of to the appellee. The court refused the mandamus and dismissed the application.
There was no controversy as to the facts involved, and the court under the uncontroverted facts appearing in the record should have granted the mandamus. It is true that the bond should have
Judgment reversed.