Webb v. Webb

1. While, under the provisions of section 5009 of the Civil Code (1910), an administrator, when sued as- such, or when defending solely the title of the estate, may enter an appeal from the court of ordinary to the superior court without paying costs and giving bond and security, or making oath as to his inability so to do, in no other case can he do so.

2. In a citation proceeding in the court of ordinary by a distributee against an administrator, a personal judgment is intended (Thompson v. Stephens, 138 Ga. 205, 207, 75 S. E. 136; Everett v. Sparks, 107 Ga. 48, 32 S. E. 878, 73 Am. St. R.…