39 S.E.2d 897 | Ga. Ct. App. | 1946
All parties to a case who are interested in sustaining the judgment of the court below are indispensable parties in the Court of Appeals, and must be made parties to the bill of exceptions, or the writ of error will be dismissed.
On the trial, all the defendants were present and represented by counsel. After the admission of evidence, and argument of counsel for the administrator, counsel for the claimants, and counsel for the heirs at law, who were opposed to the allowance of the claims, the judge, presiding without the intervention of a jury, rendered a judgment against the claimants.
The two claimants filed separate motions for a new trial, each motion was overruled, and each claimant assigned error, in separate bills of exceptions, on the judgment denying a new trial. However, in neither bill of exceptions were the above-named heirs at law, who were resisting the claims, made parties to the bill of exceptions. And the above-named heirs at law have filed a timely motion to dismiss both bills of exceptions, on the ground that they, the heirs at law, are directly interested in the sustaining of the judgment of the trial court denying the claims in question, for the reason that, as heirs at law of the intestate, their distributive shares of his estate would be reduced in amount or value if the claims in *400 question should be allowed. The administrator has also moved to dismiss both bills of exceptions, for the same reason.
Headnote 1 in Malsby v. Shipp,
Under the foregoing rulings, the writ of error in each of the instant cases must be, and is,
Dismissed. MacIntyre and Gardner, JJ., concur.