Branch v. Mallory

8 Ga. App. 797 | Ga. Ct. App. | 1911

Hill, C. J.

A party plaintiff 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 plaintiff in error, the writ, of error will be dismissed. This ftefect in the bill of exceptions is not amendable by the record in this court, as, without a plaintiff in error, there is no case. Swift v. Thomas, 101 Ga. 89 (.28 S. E. 618); Orr v. Webb, 112 Ga. 806 (38 S. E. 98). Here there was no offer to amend. Writ of error dismissed.

Decided February 15, 1911. F. G. Foster, for Branch. J. J. Strickland, contra.

Case Details

Case Name: Branch v. Mallory

Court Name: Court of Appeals of Georgia

Date Published: Feb 15, 1911

Citation: 8 Ga. App. 797

Docket Number: 2667

Court Abbreviation: Ga. Ct. App.