146 Ga. 809 | Ga. | 1917
Sterling Gibson, as propounder, offered the last will and testament of Amanda J. Gallaher for probate in the court of ordinary of Glascock county. N. Gallaher and W. A. Neal were cited to appear as the heirs at law of the deceased. H. S. Pierce, claiming an interest in certain' lands belonging to the estate of Amanda J. Gallaher, filed-a petition for intervention in the court of ordinary, and asked to be allowed to intervene as a party to the case. This petition for intervention was stricken by the court of ordinary, and Pierce during the term entered an “appeal to a jury in the superior court.” In the superior court the appeal was dismissed on the ground that appellant’s exclusive remedy was by certiorari and not appeal, to which ruling Pierce excepted.
The only question to be decided is whether the court below erred in dismissing the appeal. Article 6, section 6, paragraph 1, of