Coogler v. Berry, 161 S.E.2d 428 (Ga. Ct. App. 1968). · Go Syfert
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Coogler v. Berry, 161 S.E.2d 428 (Ga. Ct. App. 1968). Cases Citing This Book View Copy Cite
12 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Abrams v. Massell (gactapp, 2003-08-14)
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discussed Cited as authority (rule) Abrams v. Massell
Ga. Ct. App. · 2003 · confidence medium
Coogler v. Berry, 117 Ga. App. 614, 615 ( 161 SE2d 428 ) (1968) (“[A] person named as an executor is not individually a party to the action and he may not appeal [in his individual capacity] from a judgment entered adversely to the executor.”); Neiman-Marcus Co. v. Lait, 17 FRD 119, 120 (S.D.
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COOGLER
v.
BERRY, by Next Friend; COOGLER v. BERRY
43436, 43437.
Court of Appeals of Georgia.
Apr 8, 1968.
161 S.E.2d 428
Henning, Chambers & Mabry, Edward J. Henning, for appellant., Hutcheson & Kilpatrick, Lee Hutcheson, Davis & Stringer, Thomas 0. Davis, for appellees.
Eberhardt, Felton, Whitman.
Cited by 6 opinions  |  Published
Eberhardt, Judge.

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[*615] 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. “[0]nly a party to the case can appeal from a judgment” (McCoy v. Sasnett, 77 Ga. App. 819, 821 (49 SE2d 913)), or one who has sought to become a party, as by way of intervention under Code Ann. § 81A-124, and has been denied the right to do so. And see White v. Williamson, 44 Ga. App. 428 (2) (161 SE 654); Stewart v. Stewart, 106 Ga. App. 211 (126 SE2d 716); Compton v. Weekes, 107 Ga. App. 283 (129 SE2d 824); Alexander v. Fontenot, 113 Ga. App. 36 (147 SE2d 25); Eubank v. Barber-Colman Co., 115 Ga. App. 217 (1) (154 SE2d 638). The notice of appeal cannot be amended to substitute a new party. Bivens v. Todd, 222 Ga. 84 (2) (148 SE2d 424).

Submitted February 5, 1968 Decided April 8, 1968. Henning, Chambers & Mabry, Edward J. Henning, for appellant. Hutcheson & Kilpatrick, Lee Hutcheson, Davis & Stringer, Thomas 0. Davis, for appellees.

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 be

Dismissed.

Felton, C. J., and Whitman, J., concur.