78 Ga. 654 | Ga. | 1887
Upon an administrator’s bond two actions at law were brought, both of them against the principal and the administrator with the will annexed of the surety, the surety having died testate. The plaintiff in one was the wife of said administrator with the will annexed, and in the other his brother-in-law. The surety died domiciled in New Jersey. The chief beneficiaries under his will were his daughter and granddaughter. His executors qualified in New Jersey. Afterwards administration with the will annexed was granted in Georgia, not to either of the executors, but to a third person. Certain of the assets of the estate consisted of stock in two railroad companies in Georgia and some debentures or certificates of indebtedness issued by one of these railroad companies ; and upon these assets dividends and interest had accrued and are now accruing.
The present bill was filed by the legatees named in the
Many very interesting questions have been argued ably and instructively, but we do not find it necessary to decide any of them at present; and from some experience, I will assure counsel that a decision pronounced upon a mere ad interim injunction, is a very unsatisfactory light by which to control grave and important litigation. There is not pressure enough upon the court. In order to get good law from a court, you have to put on pressure, and constrain it to deal with the exact questions in their ultimate form. In the record as discussed are points which ought to be postponed until they have to be adjudicated with a view to control the ultimate destiny of the case; and it would be improper in us, under the comparatively slight, pressure which we feel in disposing of this injunction, to undertake to rule them. We accordingly leave them open.
The injunction is modified so far as to relieve the common law actions.from its operation, and to that extent the judgment below is reversed.