162 Ga. 159 | Ga. | 1926
Mrs. Laura P. Sharp presented her petition for the writ of mandamus against Henry McAlpin, ordinary of Chat-ham County, and in the petition showed that she was the widow of Daniel Sharp, who died intestate, leaving a lot of land with a house and improvements thereon, of the value of $2,500, in the City of Savannah; that subsequently to the death of her husband the applicant for the writ of mandamus presented to the respondent her petition for the grant of a year’s support; that the respondent appointed five appraisers to set apart and assign to applicant a year’s support from the property referred to, which was the only property left by the decedent, and the administrator was duly served; that afterwards the relator requested the defendant to require the appraisers to perform their duties as such and make their return as by law required, “which request so to permit and direct said appraisers to act said defendant did refuse and deny.” The prayer was for the writ of mandamus requiring the defendant “to permit a petition for a year’s support, as required by law, to be filed in the court of ordinary, and requiring him to appoint appraisers to pass upon the application for a year’s support, and that he be required to issue to the appraisers the process of the court under which they shall perform their several duties as appraisers; that he be required to permit said appraisers to perform the several duties of their office and to make the return required by law; and that he further be required, after said appraisers shall have performed their duties, to act thereon, as by law required.” A mandamus nisi was issued. The defendant answered, and in
The applicant demurred to the answer, which demurrer the court below overruled, and the applicant excepted. The court, after considering the allegations in the pleadings, no evidence having been submitted, denied the mandamus absolute.
The plaintiff in error did not contest the allegations of fact