Johnson v. Estate of Sam Farkas

• Decision Date: 30 July 1918
• Docket Number: 9442.
• Parties: JOHNSON v. ESTATE OF SAM FARKAS.
• Court: Georgia Court of Appeals

96 S.E. 392

22 Ga.App. 539

JOHNSON v. ESTATE OF SAM FARKAS.

No. 9442.

Court of Appeals of Georgia, First Division

July 30, 1918

Syllabus by the Court.

A party defendant in error is essential to the prosecution of a writ of error, and where no one is named or otherwise disclosed by the bill of exceptions as defendant in error, the writ must necessarily be dismissed, for without a defendant in error there is no case. Ray v. Pease, 112 Ga. 675, 37 S.E. 875; Branch v. Mallory, 8 Ga.App. 797, 70 S.E. 177; Hendricks v. Rogers, 95 S.E. 1009; Knox v. Greenfield Estate, 7 Ga.App. 305, 66 S.E. 805.

Error from Superior Court, Worth County; R. Eve, Judge.

Action by E. M. Johnson against Sam Farkas and others. Judgment for defendants, and, the named defendant having died before trial, his estate was made defendant in error on writ of error brought by plaintiff. Writ dismissed.

Passmore & Forehand, of Sylvester, for plaintiff in error.

Perry & Williamson, of Sylvester, and Leonard Farkas, of Albany, for defendant in error.

JENKINS, J.

Writ of error dismissed.

WADE, C.J., and LUKE, J., concur.