Whole record brought up.

- By former Civil Code 1895, §§ 4462 and 4469 (see O.C.G.A. §§ 5-3-5 and5-3-29), appeal brings up whole record, and a party not appealing can make amendments to a plea or answer already entered. Murray v. Marshall, 106 Ga. 522, 32 S.E. 634 (1899).

Appeal carries up whole record and judgment binds both appealing and nonappealing parties. Murray v. Marshall, 106 Ga. 522, 32 S.E. 634 (1899); Bryson v. Scott, 111 Ga. 196, 36 S.E. 619 (1900).

Two parties may file appeal jointly.

- When either party, without other joining, can appeal, and all be bound by final judgment, appeal will not be null and void simply because two of the parties filed appeal jointly. Marks v. Steinberg, 55 Ga. App. 561, 190 S.E. 808 (1937).

Section applies to appeals from decrees. Smith v. Cooper, 21 Ga. 359 (1857) (see now O.C.G.A. § 5-3-5).

Entry of appeal prevents issuance of execution against other party. Lewis v. Armstrong, 69 Ga. 752 (1882).

Appeal by maker of note from joint judgment of county against the maker and indorsers prevents execution against indorsers. Turnell v. Carter, 5 Ga. App. 847, 64 S.E. 114 (1909).

Right of all parties to prosecute or defend.

- All parties who are brought up on appeal, whether the parties have filed an appeal or not have the right to appear and prosecute or defend, whichever the case may be. Hunt v. Henderson, 178 Ga. App. 688, 344 S.E.2d 470 (1986).

Decedent's non-party mother lacked standing to appeal.

- Notwithstanding a settlement agreement in which the decedent's wife released any interest in the decedent's estate, given that the decedent's mother was not a party in the probate court, despite publication of notice and service by the wife, the mother lacked standing to appeal the probate court's decision to award the wife a year's support. Booker v. Booker, 286 Ga. App. 6, 648 S.E.2d 445 (2007).

Cited in Powell v. Perry, 63 Ga. 447 (1879); Lewis & Co. v. Chisolm, 68 Ga. 40 (1881); Wheeler v. Layman Foundation, 188 Ga. 267, 3 S.E.2d 645 (1939); Hardwick v. Georgia Power Co., 100 Ga. App. 38, 110 S.E.2d 24 (1959); Colley v. Dillon, 158 Ga. App. 416, 280 S.E.2d 425 (1981).

Am. Jur. 2d.

- 5 Am. Jur. 2d, Appellate Review, § 231 et seq.

C.J.S.

- 4 C.J.S., Appeal and Error, § 325 et seq.

ALR.

- May new trial or reversal for error as to measure of damages against one or more of the parties be restricted to those parties, 32 A.L.R. 255.

Power of legislature to require appellate court to review evidence, 33 A.L.R. 10.

Judgment or order dismissing action as against one defendant as subject of appeal or error before disposition of case as against codefendant, 114 A.L.R. 759.

Grant of new trial, or reversal of judgment on appeal as to one joint tortfeasor, as requiring new trial or reversal as to other tortfeasor, 143 A.L.R. 7.