American Surety Company v. Jeffries

ON REHEARING.

It is earnestly argued that the effect of the opinion in this case is to sanction a collateral attack on a judgment of the court of ordinary appointing an administrator. As authority for this contention it is claimed that this court overlooked the principle applied under the facts in the cases of Smith v. Scarborough, 182 Ga. 157 (185 S. E. 105); Scarborough v. Smith, 183 Ga. 386 (188 S. E. 526); and Scarborough v. Long, 186 Ga. 412 (197 S. E. 796). We can not follow this reasoning. In those cases the Supreme Court simply held that where the proceedings to appoint an…