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UNITED STATES LEATHER COMPANY et al. v. FIRST NATIONAL BANK OF GAINESVILLE et al.

Supreme Court of Georgia1899-04-20
107 Ga. 263

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Lumpkin, P. J.

The only matter litigated upon the trial below was whether or not certain mortgages were valid. A verdict sustaining them was returned. The losing party made a motion for a new trial, and excepted to a judgment overruling the same. Mrs, C. E. Finger, as transferee, was part owner and holder of one of these mortgages, and was a party to the case. She is therefore certainly interested in sustaining the judgment under review, but was not made a party to the bill of exceptions or served with a copy of the same. Accordingly, the motion made here to dismiss the writ of error must be sustained. Civil Code, § 5547; Craig v. Webb, 70 Ga. 188; Knox v. McCalla, Ibid. 725; Crosthwait v. James, 95 Ga. 570; Inman v. Estes, 104 Ga. 645, and eases cited; Augusta Bank v. Merchants Bank, 104 Ga. 857; White v. Bleckley, 105 Ga. 173.

Writ of error dismissed.

Ali the Justices concurring.