Hardwick v. Georgia Power Co.

Quillian, Judge.

The bill of exceptions contains an assignment of error that the court erroneously ruled that Miller, a codefendant with Gurley and the Power Company and who did not move for a new trial or appeal to this court, was by operation of law, granted a new trial when his codefendants’ motion, to which he was not a party, was granted. Miller was not a joint defendant with Gurley and the Power Company in the sense that the action against the three was joint, and not joint and several.

The pronouncement made as early as 1854 in the case of Walker v. Dougherty, 14 Ga. 653 and often…