Wyche v. Greene
Supreme Court of Georgia
The defendant in error joined issue with a protestando, and moved to dismiss the writ of error,'on the grounds— 1st. Because Elias McElvin was, and is, a party-defendant in the Court below, and ought to have been made a party to-the proceedings in error, but has not been made a party thereto. 2d. Because the said Elias McElvin hath had no notice of the signing and certifying the original bill of exceptions, ner of the writ of error and citation.
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The defendant in error joined issue with a protestando, and moved to dismiss the writ of error,'on the grounds— 1st. Because Elias McElvin was, and is, a party-defendant in the Court below, and ought to have been made a party to-the proceedings in error, but has not been made a party thereto. 2d. Because the said Elias McElvin hath had no notice of the signing and certifying the original bill of exceptions, ner of the writ of error and citation. The facts were, that the bill was filed against Thomas B. Greene, and Elias McElvin, as administrator of Batt Wyche. The defendants filed separate…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was it necessary that Elias McElvin'should have been joined in this writ of error ? We think not, most clearly. Leave was granted to amend the bill, after answer, by both defendants. Upon the filing of the amendment, and before, McElvin was served with a copy; Greene, the other defendant, appeared and demurred to the amended bill, and the demurrer was sustained. And it is to reverse this judgment, that this writ of error is presented by Wyche, the complainant. MeElvin, one of the defendants to the original bill, was no party to this…
2Cited by7 opinions
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- Hines v. McLellanSupreme Court of Georgia · 1903
- Greenwood v. GreenblattSupreme Court of Georgia · 1931
- Johnson v. Georgia Fertilizer & Oil Co.Court of Appeals of Georgia · 1918
- Clay v. SmithSupreme Court of Georgia · 1951
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