Miller v. Miller

Frankum, Judge.

1. The plaintiff brought a suit in the Court of Ordinary of Gordon County to set aside a judgment which had been rendered in that court probating the will of John Thomas Miller in solemn form. The plaintiff did not ask for equitable relief. The construction or legality of the will was not involved. After a judgment was rendered in the court of ordinary against the plaintiff, he appealed the case to the Superior Court of Gordon County, and that court sustained a general demurrer to his petition, and the case was brought to this court. Under these facts this court has…