Comer v. Ross

Lumpkin, Presiding Justice.

The ordinary, under our laws, is an official charged with the performance of duties judicial, ministerial and clerical. Rot by Ms title, but only by Ms acts, can the exact capacity in which he appears ever be known upon any special occasion. In admitting a will to probate, he acts as a judicial officer, the subject-matter being one over which the court •of ordinary has jurisdiction, and he being by law its presiding judge. Civil Code, §§4232, 4218. In issuing a marriage license, he for the moment becomes a'ministerial -officer. §4250, par. 3. He is also ex officio…