Coogler v. Berry

Eberhardt, Judge.

Where, pending an action the defendant died and the executor of his last will and testament was substituted as party defendant, as provided by Code Ann. § 81A-125, the person named as executor is not individually a party to the action and he may not appeal from a judgment entered adversely to the executor. “[0]nly a party to the case can appeal from a judgment” (McCoy v. Sasnett, 77 Ga. App. 819, 821 (49 SE2d 913)), or one who has sought to become a party, as by way of intervention under Code Ann. § 81A-124, and has been denied the right to do so. And see White v. Williamson,…