112 Ga. 705 | Ga. | 1901
Theo. S. Coffee and Tipton Coffee, as the proprietors and publishers of the “DeKalb Standard,” a weekly newspaper of DeKalb county, applied for a writ of mandamus against the ordinary of DeKalb county, to compel him to publish in their paper ah of his legal advertisements and citations, both as probate judge and as the person having charge of county matters. They made the following allegations: Prior to May, 1900, the sheriff of the county had published his legal advertisements in the DeKalb New Era, another newspaper published in the county. In May, 1900, he decided to change from the New Era to the Standard. The sheriff carried the notice of the contemplated change to the New Era for publication in accordance with the requirements of section 5460 of the Civil Code, .but the proprietor .of the New Era refused to publish the notice of the change. Thereupon the sheriff published the notice in the Atlanta Journal, a newspaper in an adjoining county, and in the Standard. From that time, he published in the latter paper all of his legal advertisements. After the sheriff had made this change, -the proprietors of the Standard applied to the ordinary of the county and demanded of him that he publish in the Standard all of his legal advertisements, not only those emanating from the court of ordinary, but also, inasmuch as the ordinary had control of county matters, those relating to such matters. The ordinary absolutely refused to comply with the demand, and continued to publish
When we come to look at the duties of the ordinary as a prohate judge, we find that section 3394 of the Civil Code requires him to issue citation and give notice of the application for letters of administration" in the gazette in which the county advertisements are usually published.” Where an administrator applies for leave to sell land of the estate of the decedent, notice of the application shall be published “in the gazétte in which the county advertisements are published.” Civil Code; § 3450. A foreign executor, administrator, or guardian can not transfer stock, etc., until he has given due notice “in the paper in which the sheriff’s notices are published.” § 3525. When an administrator is required to make deeds under bonds for title in certain cases, notice must be given “ by publication in the gazette publishing the legal advertisements of the county.” Civil Code, § 3441, as amended by the act of November 11, 1899 (Acts 1899, p. 34). When a guardian wishes to sell the estate of the ward for reinvestment, notice of his intention to apply for leave to do so must be published “in the newspaper in which county advertisements are usually published in the county.” Civil Code, § 2546. The newspaper in which the sheriff advertises being the medium or official organ for county advertisements, these sections of the code manifestly mean that the notices required therein shall be published in that paper. And it is the duty of the ordinary, both as probate judge and as the person having control of county matters, to insert his advertisements in the same paper. These sections of the code seem to indicate an intention on the part of the legislature to have all the official advertisements of the county made in the same paper, so that the people may know where to look for information in regard to the official business of the county. If the law were otherwise, then in counties, such as Fulton, which have a large number of newspapers, and, indeed, in any county having more than one, people interested in county matters would he put to considerable trouble and expense. They could not know in what paper to look for county advertisements, and
Judgment reversed.