Clark Milling Co. v. Simmons

1. Parties who are interested in sustaining the judgment of the court below are necessary defendants to a bill of exceptions brought by a losing party to reverse such judgment; and where some of such parties have not been served with the bill of exceptions, and have not acknowledged or waived service, the bill of exceptions, upon motion, must be dismissed. Humphrey v. Powell, 145 Ga. 458 (89 S. E. 427); Ray v. Hardman, 146 Ga. 718 (92 S. E. 211); Woolard v. Corcoran, 148 Ga. 299 (96 S. E. 564).

2. Where certain creditors of the intestate answered the petition of the administrator to marshal…