20 S.E.2d 174 | Ga. Ct. App. | 1942
Dismissal of writ of error for lack of an essential party.
We think the motion should be sustained, under the Code, § 6-1202. Under this section the surety on the bond, Ingram, is and was such a party to the proceedings as to be interested in sustaining the verdict and judgment against the plaintiff in error. A reversal of the judgment as to the plaintiff in error would leave the surety on the bond, Ingram, solely liable thereon. The Code, § 113-1219, provides: "The administrator and his sureties . . *316
may be sued as such in the same action." The Code, § 113-2104, provides: "When judgment shall be obtained against principal and sureties, as provided in the three preceding sections, the property of the sureties shall not be levied upon until that of the principal shall be exhausted." See in this connectionWoolard v. Corcoran,
Writ of error dismissed. Broyles, C. J., and MacIntyre, J.,concur.