Shotkin v. State

Gardner, J.(a) After the bill of exceptions had been filed in this court, the plaintiff in error made a motion to amend it by adding thereto, as parties defendant, the six superior court judges who passed the order of September 21, 1944. We know of no law which would authorize the grant of such a motion. These judges were not acting in their individual capacity, but were acting only in their official capacity on behalf of the State of Georgia; therefore this court has no authority to make them parties defendant in their individual capacity or otherwise. This motion is denied.(b) The State…