-
Beck, J. Where an equitable petition is defective because of a misjoinder of parties, the same is subject to a special demurrer filed at the first term; but the petition should not be dismissed on a motion in the nature of a general demurrer made at the trial term and based upon this ground alone. Tice v. Georgia Railroad &c. Co., 124 Ga. 459 (52 S. E. 916). Judgment reversed.
All the Justices concur.
Document Info
Citation Numbers: 138 Ga. 158, 74 S.E. 1027, 1912 Ga. LEXIS 236
Judges: Beck
Filed Date: 5/15/1912
Precedential Status: Precedential
Modified Date: 11/7/2024