96 Ga. 260 | Ga. | 1895
. Upon the questions of practice made in this ease in the court below, there does not appear to have been any such assignments of error upon the judgments thereon-rendered, as will authorize this court to proceed to judgment thereon; and therefore, in the consideration of this case, the court confines its, inquiries to the questions of law made upon the demurrer to the declaration of the plaintiff. The record is set out with sufficient fullness in the official report to clearly indicate upon what points the court ruled, and to what propositions in the rendition of this judgment we specially address ourselves.
If this were a contest between a creditor of an estate and an executor or administrator, the question would be wholly free from difficulty, upon the provisions of the code. If it were between a guardian and his ward, no difficulty would arise. But the question is, whether a creditor of a guardian has the same remedies against him and his bondsmen as are given by section 3883 of the code to creditors as against administrators and executors. We think this question should be answered in
Let the judgment of the court below be Reversed.