21 Ga. App. 198 | Ga. Ct. App. | 1917
(After stating the foregoing facts.) Counsel for the defendant in error contend that the ruling of the superior court was correct, for the reason that the entire proceeding was in the superior court, and that the acts performed by the ordinary did not pertain to the functions of the office of ordinary, but merely constituted the authority for the sale by the sheriff, whose duty it was to return the process to the superior court, with all his acts and doings thereon; that the ordinary had nothing to do with the proceeding except to take the place of the judge of the superior court in granting the order to sell, and that the items of cost provided for by law as going to him in. proceedings had in his court
Judgment reversed.