Edwards v. Wall
Supreme Court of Georgia
The Court of Appeals requested instructions from the Supreme Court upon the following questions involved in Case No. 12491: 1. “ Where a suit is filed against a partnership composed of two named members, only one of whom enters a defense, and on his motion a nonsuit is granted, and exceptions to the granting of the nonsuit are taken to this court, is it necessary for the plaintiffs to name as a party defendant to the writ of error the partner who did not defend? 2. “If the…
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The Court of Appeals requested instructions from the Supreme Court upon the following questions involved in Case No. 12491: 1. “ Where a suit is filed against a partnership composed of two named members, only one of whom enters a defense, and on his motion a nonsuit is granted, and exceptions to the granting of the nonsuit are taken to this court, is it necessary for the plaintiffs to name as a party defendant to the writ of error the partner who did not defend? 2. “If the answer to the preceding question be-in the negative, but the partner who did not himself contest the suit is nevertheless…
1Opinion of the CourtHines, J.
1. All persons who are interested in sustaining or reversing .the judgment of the court below are indispensable parties in the Supreme Court or the Court of Appeals; and they must be made parties to the bill of exceptions. Where a suit is brought against several defendants, which is defended by only one of them, and a nonsuit is granted on the motion of the one who defends the suit, and the case is dismissed as to all of the defendants, all of the defendants are necessary and indispensable parties to a bill of exceptions sued out by the plaintiffs in such case to reverse the judgment of…
2Cases cited24 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Georgia, Florida & Alabama Railway Co. v. LasseterSupreme Court of Georgia · 1905
- Orr v. WebbSupreme Court of Georgia · 1901
- Alexander v. StateSupreme Court of Georgia · 1876
- Wade v. WatsonSupreme Court of Georgia · 1909
19 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Steve M. Solomon, Jr., Inc. v. EdgarCourt of Appeals of Georgia · 1955
- Sweat v. BarnhillSupreme Court of Georgia · 1930
- Emanuel Farm Co. v. BattsSupreme Court of Georgia · 1933
- Federal Deposit Insurance v. ThompsonCourt of Appeals of Georgia · 1936
- Johnson v. Motor Contract Co.Supreme Court of Georgia · 1938
47 more not listed; retrieve them via the Exa API.