Edwards v. Gabrels

Court of Appeals of Georgia

Edwards v. Gabrels

155 S.E. 340, 42 Ga. App. 163, 1930 Ga. App. LEXIS 270

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1930

Docket20590

StatusPublished

Cited by3 cases

This text of 155 S.E. 340 (Edwards v. Gabrels) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edwards v. Gabrels, 155 S.E. 340, 42 Ga. App. 163, 1930 Ga. App. LEXIS 270 (Ga. Ct. App. 1930).

Pincite

Opinion

Broyles, C. J.

1. “To a ruling in a proceeding in the superior court, a writ of error to this court at the instance of one not a party to such a proceeding will not lie.” Booth v. Saunders, 128 Ga. 33 (57 S. E. 93) ; Central R. &c. Co. v. Craig, 59 Ga. 185; Civil Code (1910), § 6139.

2. “Where the bill of exceptions was filed by one who was not a party to the suit, and there is nothing in the record to show that the real party at interest is dissatisfied with the rulings of the court made upon the trial, the bill of exceptions can not be amended in this court so as to make such party the plaintiff in error.” Central R. &c. Co. v. Craig, supra.

3. Under the above-stated rulings and the facts of the instant ease, the bill of exceptions named no proper parties as plaintiffs in error or as defendants in error; and the proffered amendment to the bill of exceptions is disallowed, and the motion of the defendants in error to dismiss the writ of error must be sustained.

Writ of error dismissed.

Luke and Bloodworth, JJ., concur. J. G. & E. E. Edwards, for plaintiff in error. A. G. Wheeler, McMillan & Erwin, Branch & Howard, contra.

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