Murphy v. Hunt

The petition in this case shows on its face that the ordinary or the court of ordinary did not have jurisdiction to render the judgment prayed for. The commissions and account sued for are costs of administration. They are not costs of court in the ordinary sense, and are classed as debts of the decedent, for which an action may not be instituted within twelve months from the qualification of the personal representative. Irvine v. Irvine, 145 Ga. 660 (89 S. .E. 746). If the ordinary or court of ordinary did not have jurisdiction to decide an issue as to whether or not one is indebted to an…