Opinion
36678.
DECIDED MAY 16, 1957.
Appellate procedure. Before Judge Butler. Bibb Civil Court. January 28, 1957.
Adams, O'Neal Steele, for plaintiff in error.
Sell Comer, contra.
1. The Citizens Southern National Bank of Macon, Georgia, obtained a final judgment against Samual A. Still, Sr., and Samual A. Still, Jr., on a note of which they were comakers. Samual A. Still, Sr., filed a bill of exceptions in which Samual A. Still, Jr., was not made a party.
2. "`All parties who are interested in sustaining the judgment of the court below, or who would be affected by a judgment of reversal, are indispensable parties in the . . . [appellate court], and must be made parties to the bill of exceptions, or the writ of error will be dismissed. Civil Code (1910), § 6176 (Code § 6-1202); Emanuel Farm Co. v. Batts, 176 Ga. 552 ( 168 S.E. 316)'; Malsby v. Shipp, 177 Ga. 54 (1) ( 169 S.E. 308)." Stewart v. Stewart, 208 Ga. 83 (2) ( 65 S.E.2d 151).
3. In the present case Samual A. Still, Jr., being a joint maker of the note, had a right of contribution against Samual A. Still, Sr., and would be affected by a judgment of reversal and should have been made a party to the bill of exceptions. Hall v. Harris, 6 Ga. App. 822 ( 65 S.E. 1086); Westbrook v. James, 89 Ga. App. 234 ( 79 S.E.2d 19). An essential party not having been made a party to the bill of exceptions the writ of error must be
Dismissed. Felton, C. J., and Nichols, J., concur.