Coogler v. Berry., 117 Ga. App. 614, 161 S.E.2d 428 (1968)
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Dismissed. Felton, C. J., and Whitman, J., concur.
Summary
Dismissed. Felton, C. J., and Whitman, J., concur.
Text
Henning, Chambers & Mabry, Edward J. Henning, for appellant.
Where, pending an action the defendant died and the executor of his last will and testament was substituted as party defendant, as provided by Code Ann. 81A-125, the person named as executor is not individually a party to the action and he may not appeal from a judgment entered adversely to the executor. "[O]nly a party to the case can appeal from a judgment" (McCoy v. Sasnett,
Consequently, where the only notice of appeal in these cases was entered in his individual capacity by the person named as executor of the will of the deceased defendant, no valid appeal pends before us and the appeals must he
Hutcheson & Kilpatrick, Lee Hutcheson, Davis & Stringer, Thomas O. Davis, for appellees.
1968
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This document cites
- Supreme Court of Georgia - BIVENS v. TODD., 222 Ga. 84, 148 S.E.2.d 424 (1966)
- Georgia Court Of Appeals - Selig Et Al., Executors v. Barber-Colman Company., 115 Ga. App. 217, 154 S.E.2d 638 (1966)
- Georgia Court Of Appeals - Alexander, Executrix v. Fontenot Et Al., 113 Ga. App. 36, 147 S.E.2d 25 (1965)
- Georgia Court Of Appeals - Compton v. Weekes, Administrator., 107 Ga. App. 283, 129 S.E.2d 824 (1963)
- Georgia Court Of Appeals - Stewart v. Stewart., 106 Ga. App. 211, 126 S.E.2d 716 (1962)
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