Byers v. Byers

1. An appeal from the court of ordinary is a de novo investigation (Civil Code, 1910, § 5014), and should not be dismissed because of the absence of either party to the cause. “The action may be dismissed for such absence and failure to prosecute the case on the part of the plaintiff, but the appeal can not be dismissed for that reason.” Rousch v. Green, 2 Ga. App. 112 (58 S. E. 313); Singer Mfg. Co. v. Walker, 77 Ga. 649; Davenport v. Puett, 4 Ga. App. 83 (60 S. E. 1031); Dubberly v. Varnedoe, 22 Ga. App. 738 (1) (97 S. E. 261). Thus, where an appeal was regular on its face, and admittedly…