Court of Appeals of Georgia April 8, 1968, 43436, 43437 (Coogler v. Berry)

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.