Atkinson v. Fidelity & Casualty Co.

Duckworth, Justice.

The judgment complained of in the bill of exceptions in case No. 12581 — the judgment dismissing Atkinson’s amendment making himself a party plaintiff instead of a party defendant, and to recover against Patterson and his liability insurer to the full extent of his injuries (allegedly $50,000) — was a final judgment as to Atkinson, reviewable by direct bill of exceptions under the Code, § 6-701. Therefore the motion to dismiss the writ of error on that bill of exceptions, on the alleged ground that that judgment was not final, is denied.

The plaintiff in error, Atkinson,…