When there is more than one party plaintiff or defendant, and one or more of the parties plaintiff or defendant desire to appeal, and the others refuse or fail to appeal, the party plaintiff or defendant desiring to appeal may enter an appeal in the manner provided by law.
(Laws 1839, Cobb's 1851 Digest, p. 500; Code 1863, § 3539; Code 1868, § 3562; Code 1873, § 3619; Code 1882, § 3619; Civil Code 1895, § 4461; Civil Code 1910, § 5006; Code 1933, § 6-110; Ga. L. 1995, p. 10, § 5.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 5 Am. Jur. 2d, Appellate Review, § 231 et seq.
C.J.S.- 4 C.J.S., Appeal and Error, §§ 237 et seq., 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.
Right to perfect appeal, against party who has not appealed, by cross appeal filed after time for direct appeal has passed, 32 A.L.R.3d 1290.