Upon the appeal of either party plaintiff or defendant, as provided in Code Section 5-3-4, the whole record shall be taken up and all shall be bound by the final judgment; but, in case damages are awarded upon such appeal, the damages shall only be recovered against the party appealing and his security, if any, and not against the party failing or refusing to appeal.
(Laws 1839, Cobb's 1851 Digest, p. 500; Code 1863, § 3540; Code 1868, § 3563; Code 1873, § 3620; Code 1882, § 3620; Civil Code 1895, § 4462; Civil Code 1910, § 5007; Code 1933, § 6-111.)
RESEARCH REFERENCES
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.