79 Ga. 617 | Ga. | 1888
Howard became the administrator de bonis non of the estate of Benjamin Gregory, deceased, and became also the administrator of Elizabeth Gregory. Having reduced the property of these two estates to money, he cited the heirs at law of Benjamin Gregory and the heirs at law of Eliz abeth Gregory to a settlement before the court of ordinary. They appeared before the court of ordinary, and by consent, the two cases of Howard, administrator of Benjamin Gregory, and-Howard, administrator of Elizabeth Gregory, were tried together in that court. An appeal was taken to the superior court, and by the same consent, the two cases were tried together in the superior court, and a mistrial was had. The case came on for a further trial, and Benjamin Gregory, Jr., and Elizabeth Sims moved to try the two cases together again. This was objected to by Howard, the administrator. The court overruled the objéction, and directed the two cases to be tried together. The trial was had before á jury, and the jury found a verdict in favor of Elizabeth Sims and Benjamin Gregory, Jr. A motion for a new trial was made upon several grounds, the main grounds being that the court erred in directing the two cases to be tried together.
What may be the effect of the judgment rendered in this case we do not at this time pass upon; it is not before us.
Judgment affirmed.