95 Ga. App. 710 | Ga. Ct. App. | 1957
1. The Citizens & Southern National Bank of Macon, Georgia, obtained a final judgment against Samual A. Still, Sr., and Samual A. Still, Jr., on a note of which they were comakers. Samual A. Still, Sr., filed a bill of exceptions in which Samual A. Still, Jr., was not made a party.
2. “ ‘All parties who are interested in sustaining the judgment of the court below, or who would be affected by a judgment of reversal, are indispensable parties in the . . . [appellate court], and must be made parties to the bill of exceptions, or
3. In the present case Samual A. Still, Jr., being a joint maker of the note, had a right of contribution against Samual A. Still, Sr., and would be affected by a judgment of reversal and should have been made a party to the bill of exceptions. Hall v. Harris, 6 Ga. App. 822 (65 S. E. 1086); Westbrook v. James, 89 Ga. App. 234 (79 S. E. 2d 19). An essential party not having been made a party to the bill of exceptions the writ of error must be
Dismissed.