Legal Opinion

Johnson v. Estate of Farkas

Court of Appeals of Georgia

Decided July 30, 1918No. 9442PublishedCited by 3 opinions

Writ of error; from Worth superior court. The bill of exceptions in this case recites that “in the case of E. M. Johnson v. Sam Earkas, Jonas McKelvin, and L. M. Potts, sheriff, returnable to the April term, 1914, of the superior court of Worth county, being a rule to distribute funds, on November 21st, 1917, the same was called for trial; and it being agreed by counsel that the judge of the superior court should sit as a court and a jury, he proceeded with the trial.”

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Writ of error; from Worth superior court. The bill of exceptions in this case recites that “in the case of E. M. Johnson v. Sam Earkas, Jonas McKelvin, and L. M. Potts, sheriff, returnable to the April term, 1914, of the superior court of Worth county, being a rule to distribute funds, on November 21st, 1917, the same was called for trial; and it being agreed by counsel that the judge of the superior court should sit as a court and a jury, he proceeded with the trial.” The evidence adduced upon the trial and the judgment of the court are then set out. It appears from the record that Sam…

1Opinion of the CourtJenkins, J.

A party defendant in error is essential to the prosecution of a writ of error, and where no one is named or otherwise disclosed by the bill of exceptions as defendant in error, the writ must necessarily be dismissed; for without a defendant in error there is no case. Ray v. Pease, 112 Ga. 675 (37 S. E. 875); Branch v. Mallory, 8 Ga. App. 797 (70 S. E. 177); Hendricks v. Rogers, 22 Ga. App. 357 (95 S. E. 1009); Knox v. Greenfield Estate, 7 Ga. App. 305 (66 S. E. 805).

Writ of error dismissed.

Wade, O. J., and Luke, J., concur.

2Cases cited4 opinions

  1. Knox v. Greenfield EstateCourt of Appeals of Georgia · 1910
  2. Branch v. MalloryCourt of Appeals of Georgia · 1911
  3. Ray v. PeaseSupreme Court of Georgia · 1901
  4. Hendricks v. RogersCourt of Appeals of Georgia · 1918

3Cited by3 opinions

  1. Kenney v. WaldenCourt of Appeals of Georgia · 1922
  2. Farmers & Merchants Bank v. FarkasCourt of Appeals of Georgia · 1921
  3. Williamson v. MarchmanCourt of Appeals of Georgia · 1926

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