15 Ga. 334 | Ga. | 1854
By the Court.
delivering the opinion.
The peculiar phraseology of the Act of 1805, just mentioned, and of the Act of 1823, providing for the trials of appeals from the Court of Ordinary, by a Special Jury, seems to lend some encouragement to this idea. Wo believe, however, that the uniform construction of these Statutes has been otherwise. Rut whether so or not, the objection, in this case, is disposed of by the Act of 1851. That Act authorizes an appeal from “ any decision” of the Ordinary. See Acts. p. 97.
It is true, that the Superior Court cannot grant letters testamentary, or of administration; but it is not true, that it cannot carry its judgment into effect. To that judgment it gives offect, by issuing its mandate to the Court of Ordinary, if it
Let the judgment be reversed.