Bogle v. Atlantic Mills

Full title: BOGLE v. ATLANTIC MILLS et al

Court: Court of Appeals of Georgia

Date published: Sep 28, 1966

151 S.E.2d 882 (Ga. Ct. App. 1966)

114 Ga. App. 517

Opinion

42288.

ARGUED SEPTEMBER 7, 1966.

DECIDED SEPTEMBER 28, 1966. REHEARING DENIED OCTOBER 26, 1966.

Appellate procedure. DeKalb Superior Court. Before Judge Hubert.

Endicott Endicott, Lucian J. Endicott, for appellant.

Peek, Whaley Blackburn, Benjamin B. Blackburn, III, Glenville Haldi, for appellees.

PER CURIAM:

Where, as here, only the action, and not the cause of action, is joint, the continued prosecution of the case through verdict and judgment against only one of several defendants after the elimination of the other defendants by directed verdicts, constitutes an election to prosecute the action severally and an abandonment of the joint action. Thus an enumeration of error to this court complaining only of the direction of the verdicts presents no question for decision. Allen v. Arthurs, 106 Ga. App. 682, 683 (3) ( 127 S.E.2d 819); Hodges v. Seaboard Loan c. Assoc., 188 Ga. 410, 411 (1) ( 3 S.E.2d 677).

The appellees' motions to dismiss are granted and the appeal is Dismissed. Bell, P. J., Jordan and Eberhardt, JJ., concur.

ARGUED SEPTEMBER 7, 1966 — DECIDED SEPTEMBER 28, 1966 — REHEARING DENIED OCTOBER 26, 1966.