Consolidated Realty Investments Inc. v. Gasque

Duckworth, Presiding Justice.

(After stating the foregoing facts.) The plaintiff in error invokes the rule that, where more than one are sued jointly and by nonsuit or other judgment of the court one of the defendants is eliminated and the plaintiff proceeds against the remaining defendants, it amounts to an acquiescence upon the part of the plaintiff in the judgment of the court eliminating such defendant, and the plaintiff can not thereafter except to such judgment and obtain a review. See Vandiver v. Ga. Ry. & Power Co., 38 Ga. App. 59 (143 S. E. 455); Hodges v. Seaboard Loan &c. Assn., 188…