Still v. Citizens & Southern National Bank

Court of Appeals of Georgia

Still v. Citizens & Southern National Bank

98 S.E.2d 578, 95 Ga. App. 710, 1957 Ga. App. LEXIS 900

CourtCourt of Appeals of Georgia

DecidedMay 16, 1957

Docket36678

StatusPublished

This text of 98 S.E.2d 578 (Still v. Citizens & Southern National Bank) 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

Still v. Citizens & Southern National Bank, 98 S.E.2d 578, 95 Ga. App. 710, 1957 Ga. App. LEXIS 900 (Ga. Ct. App. 1957).

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Opinion

Quillian, J.

1. The Citizens & Southern National Bank of Macon, Georgia, obtained a final judgment against Samual A. Still, Sr., and Samual A. Still, Jr., on a note of which they were comakers. Samual A. Still, Sr., filed a bill of exceptions in which Samual A. Still, Jr., was not made a party.

2. “ ‘All parties who are interested in sustaining the judgment of the court below, or who would be affected by a judgment of reversal, are indispensable parties in the . . . [appellate court], and must be made parties to the bill of exceptions, or [711]*711the writ of error will be dismissed. Civil Code (1910), § 6176 (Code § 6-1202); Emanuel Farm Co. v. Batts, 176 Ga. 552 (168 S. E. 316)'; Malsby v. Shipp, 177 Ga. 54 (1) (169 S. E. 308).” Stewart v. Stewart, 208 Ga. 83 (2) (65 S. E. 2d 151).

Decided May 16, 1957. Adams, O’Neal & Steele, for plaintiff in error. Sell ■& Comer, contra.

3. In the present case Samual A. Still, Jr., being a joint maker of the note, had a right of contribution against Samual A. Still, Sr., and would be affected by a judgment of reversal and should have been made a party to the bill of exceptions. Hall v. Harris, 6 Ga. App. 822 (65 S. E. 1086); Westbrook v. James, 89 Ga. App. 234 (79 S. E. 2d 19). An essential party not having been made a party to the bill of exceptions the writ of error must be

Dismissed.

Felton, C. J., and Nichols, J., concur.

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Quillian, J.

1. The Citizens & Southern National Bank of Macon, Georgia, obtained a final judgment against Samual A. Still, Sr., and Samual A. Still, Jr., on a note of which they were comakers. Samual A. Still, Sr., filed a bill of exceptions in which Samual A. Still, Jr., was not made a party.

2. “ ‘All parties who are interested in sustaining the judgment of the court below, or who would be affected by a judgment of reversal, are indispensable parties in the . . . [appellate court], and must be made parties to the bill of exceptions, or [711]*711the writ of error will be dismissed. Civil Code (1910), § 6176 (Code § 6-1202); Emanuel Farm Co. v. Batts, 176 Ga. 552 (168 S. E. 316)'; Malsby v. Shipp, 177 Ga. 54 (1) (169 S. E. 308).” Stewart v. Stewart, 208 Ga. 83 (2) (65 S. E. 2d 151).

Decided May 16, 1957. Adams, O’Neal & Steele, for plaintiff in error. Sell ■& Comer, contra.

3. In the present case Samual A. Still, Jr., being a joint maker of the note, had a right of contribution against Samual A. Still, Sr., and would be affected by a judgment of reversal and should have been made a party to the bill of exceptions. Hall v. Harris, 6 Ga. App. 822 (65 S. E. 1086); Westbrook v. James, 89 Ga. App. 234 (79 S. E. 2d 19). An essential party not having been made a party to the bill of exceptions the writ of error must be

Dismissed.

Felton, C. J., and Nichols, J., concur.

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98 S.E.2d 578, 95 Ga. App. 710, 1957 Ga. App. LEXIS 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/still-v-citizens-southern-national-bank-gactapp-1957.

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