145 Ga. 867 | Ga. | 1916
1. This was an action at law against a temporary administrator and his security for an alleged breach of his bond.
2. The' ordinary may at any time grant temporary letters of administration upon any unrepresented estate “for the purpose of collecting and taking care of the effects of the deceased, to continue and have effect until permanent letters are granted.” Civil Code, § 3935. The action
4. The case was x-eferred to an auditor, who found for the plaintiff for a stated amount and against the eross-elaim of the temporary administrator (except as to certain items which had been expended for the support of the family, to whom a year’s support had been allowed). When the case came on for trial before the judge on exceptions to the auditor’s report, it appeared that the surety had voluntarily paid to the plaintiff the amount found in his favor by the auditor, without the consent of the temporary administrator, and it was conceded by both sides that all that remained in the case to be tried was the “cross-action or set-off of said defendant.” A judgment was rendered overruling all of the exceptions filed by the temporary administrator, and judgment was awarded in favor of the plaintiff for the amount so found by the auditor. The temporary administrator alone excepted to this judgment. Held, that under the pleadings and the evidence the judgment was not erroneous.
Judgment affirmed.