9 S.E.2d 119 | Ga. Ct. App. | 1940
The court did not err in sustaining the general demurrer to the petition.
The court did not err in sustaining the general demurrer and in dismissing the action. The defendant contended that the demurrer was good, for the reasons that the petition showed on its face that the action was barred by the statute of limitations, and that the defendant was protected by virtue of the order of the court of ordinary dismissing him as administrator. For the purposes of this decision it is not necessary to pass on the question as to whether the statute would bar the action, since in our view the order dismissing the defendant as administrator is a bar to the action. It is too well settled to require elaboration that a judgment of a court of ordinary discharging an administrator will relieve him from all liability on account of his administration, unless it be impeached or set aside in some appropriate manner. Jacobs v.Pou,
Judgment affirmed. Sutton, J., concurs.
STEPHENS, P. J., concurs in the judgment.