Almon v. RH MacY & Company, Inc.

Felton, Chief Judge.

The motion to dismiss the writ of error is denied. Mrs. Almon was not a necessary party to this appeal because she was not interested in an affirmance of the judgment against her and her former husband nor would she have been adversely affected by a reversal of the judgment. Stewart v. Stewart, 208 Ga. 83 (65 SE2d 151).

The court properly found against the plea in abatement filed by Everett L. Almon, the ground of which was that an identical cause of action was pending at the time the present action was filed. The purported proof supporting the plea was a certificate of the…