91 Ga. App. 840 | Ga. Ct. App. | 1955
1. Where, on the trial of a joint action (not a joint cause of action) against two defendants, residents of different counties, as joint tortfeasors, the trial court, on motion of the nonresident defendant, grants a nonsuit as to such nonresident defendant; and then, without any objection by the plaintiff or her counsel, the trial court directs a verdict for the plaintiff for the full amount for which suit was brought and judgment is entered against the resident defendant and signed by counsel for the plaintiff and the trial court, the joint action against the two defendants has come to an end by virtue of the plaintiff’s election to proceed solely against the resident defendant, which election is made manifest by the plaintiff’s acquiescence in, or failure to object to, the proceeding against the resident defendant, and it would be a futility for this court to review the judgment of nonsuit. Vandiver v. Georgia Ry. & Power Co., 38 Ga. App. 59, 60 (143 S. E. 455); Ellis v. Almond, 115 Ga. 333 (41 S. E. 642); Poole v. Southern Ry. Co., 34 Ga. App. 290 (129 S. E. 297); McConnell v. Frank E. Block Co., 26 Ga. App. 550 (106 S. E. 617); McRae v. Gulf Refining Co., 43 Ga. App. 422 (159 S. E. 133); Veal v. Beall, 189 Ga. 31 (5 S. E. 2d 5), and citations. Accordingly, where, as here, such facts appear, this court will not
Judgment affirmed.
