Johnston v. Tatum
Supreme Court of Georgia
Mandamus. Lincoln Superior Court. Decision by Judge-James Thomas, April Ter pi, 1856. This was an application by the Ordinary of Lincoln County to the Judge of the Superior Court, to compel the Clerk of' the Superior Court to take the administration of an unadministered estate, where no person would apply for or accept the samo. The Court granted the order desired, and this decision is assigned as error.
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
£1.] It seems that in this case, the Ordinary, after having employed in vain all the means within his power to get some person to apply for letters of administration on the estate, appointed the Clerk of the Superior Court the administrator.
The Clerk having refused to accept the office the question is, whether the appointment was good — whether he can be compelled to perform the duties of the office.
This question depends upon what is the meaning of a part of the Act of 1852, “ to carry into effect the amended Constitution of this State, and for…
2Cited by2 opinions
- Lowery v. PowellSupreme Court of Georgia · 1899
- Casperson v. DunnNew Jersey Court of Chancery · 1886