Hunter v. Hunter

Webb, Presiding Judge.

It appears that the probate court (then court of ordinary) ordered this action appealed by consent of the parties to the superior court pursuant to Code Ann. § 6-201, but that prior to trial and without benefit of any evidentiary hearing the superior court judge entered an order purporting to adjudicate the issues presented in the *325appeal. "The effect of an appeal from the court of ordinary to the superior court as permitted under Code § 6-201 places the matter in the superior court for 'a de novo investigation. It brings up the whole record from the court below, and all…