84 Ga. 519 | Ga. | 1889
1. Temporary administrator is, for the time being, the “ personal representative” of the intestate for the purpose of collecting assets, and so continues until permanent letters are granted. He can maintain an action for homicide of his intestate, the right to which is conferred by statute upon the “ personal representative,” under code of Alabama, §2591.
2. Irrespective of the question whether jurisdiction to grant administration can be examined collaterally, it is irrelevant to enquire as to assets left by the deceased where the jurisdictional fact recited in the letters is not bona notabilia, but residence in the county.
3. According to the decision of the Supreme Court of Alabama, in C. & W. R. Co. v. Bridges, 86 Ala. 448, the damages under §§2590-2 of the Alabama code, to be recovered against a railroad company for the homicide of an employe, are generally not punitive, but compensatory.
4. Negligence of the railway company in allowing the surface of the track to be uneven so as to endanger walking thereon by employes in the discharge of their duties being in question, the opinion of a
6. A commission issued from one court will not warrant the taking of testimony to be used in another, but a misrecital by the commissioners in their return of the court from which the commission issued, the commission itself showing the mistake; will not vitiate.
7. Where the clerk of the superior court is ex officio clerk of the city court, interrogatories duly received by the latter court ought not to be suppressed because addressed or directed to the clerk of the superior court.
8. That a deputy-clerk, instead of the clerk himself, received interrogatories from the postmaster, is no cause for, suppressing them.
Judgment reversed.