Darby v. City of Vidalia

(After stating the foregoing facts.) It is well-settled law that all parties to a cause who are interested in sustaining the judgment of the court below are indispensable parties in the Court of Appeals, and must be made parties to the bill of exceptions or the writ of error will be dismissed. Pritchard v. Kraft Cheese Company, 72 Ga. App. 34 (1) (32 S. E. 2d, 862); Fitzgerald, Cotton Mills v. Murray, 69 Ga. App. 636 (26 S. E. 2d, 492); Parsons v. Kimsey, 74 Ga. App. 398 (39 S. E. 2d, 897). Tire plaintiffs in error contend that the State of Georgia is merely a nominal party to the proceedings…