Court of Appeals of Georgia October 22, 1948, 32133. (Whitehurst v. Singletary)

lead-opinion

Sutton, C. J.

(After stating the foregoing facts.) This action was ex parte in the court of ordinary. On appeal to the superior court, the ordinary was named as appellee, although this was neither proper nor necessary, for, as ordinary, he could not be affected in any way by the outcome of the litigation.