Supreme Court of Georgia, 1899

Tiner v. Carter

Tiner v. Carter
Supreme Court of Georgia · Decided December 7, 1899 · Little
110 Ga. 285; 34 S.E. 567; 1899 Ga. LEXIS 568
Tiner v. Carter

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Little, J.

When on the trial of a claim case a judgment was rendered in favor of a named person as transferee of the execution which had been levied, this person was an essential party defendant to a bill of exceptions sued out by the claimant to review- that judgment; and if, instead of making such person a party defendant in error, the plaintiff in error ‘named as such party the original plaintiff in execution, the writ of error will be dismissed for want of a proper party defendant in error.

Writ of error dismissed.

All the Justices concurring. E. C. Speer, Thomas Guice, and Allen Fort, for plaintiff in error. W. P. Wallis and R. L. Maynard, contra.

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