
    Hickman, executor, vs. Hickman et al.
    
    Where an executor is sued as such, and is called upon to defend solely ' the title of the estate, he may appeal from the court of ordinary ' to the superior court without paying costs and giving security;. but in no other case can he do so. Therefore, where an executor ■ was cited to appear and settle his accounts and pay over to the ■ legatees the amounts to which they were entitled, and from the' judgment rendered, the .executor desired to take an appeal, he • could not do so without paying costs and giving security; and an i appeal taken without such requisites was properly dismissed. ■ Code, §§3622, 3624; 45 Ga., 480 ; 60 Id., 326.
    (a.) It appearing that this writ of error was prosecuted for delay • only, ten per cent damages are awarded against the plaintiff in. error.
    Judgment affirmed.
    November 11, 1884.
   Hall, Jusiice.  