Mooney v. Shelfer

Duckworth, Chief Justice.

1. “Where, in a suit .against two codefendants, the verdict and judgment are adverse to the defendants, and one of them makes a motion for a new trial, which is overruled, the movant can except to the judgment overruling his motion, and bring the case to the Supreme Court without making the other defendant a parly to the bill of exceptions; and a failure to do so will not work a dismissal of the writ of error.” Turner v. Newell, 129 Ga. 89 (1) (58 S. E. 657); Durrence v. Cowart, 160 Ga. 671 (129 S. E. 26); Butler v. Kendrick, 172 Ga. 322, 330 (158 S. E. 13); Ball v.…