Lake v. Delaperriere

MacIntyre, J.,

dissenting. 1. If D sues A, B, and C, and a demurrer to the petition is sustained, or a nonsuit (which was the case in Edwards v. Wall (supra), 153 Ga. 776, relied upon by the majority opinion) which, under the common law was called a demurrer to the evidence, is granted, D must make A, B, and C parties to the bill of exceptions. So said Judge Gilbert for the court in Benson v. Lewis, 176 Ga. 20 (166 S. E. 835); and so said Judge Bell for the court in Emanuel Farm Co. v. Batts, 176 Ga. 552 (168 S. E. 316), citing Edwards v. Wall, supra; and so said Judge Bell in Poston v.…