18 Ga. App. 387 | Ga. Ct. App. | 1916
An action on a promissory note was brought by H. C. Anderson against M. M. Stephenson and W. A. Harris, as residents of Clarke county, and J. M. Armistead as a resident of Oglethorpe county, in the city court of Athens, Clarke county. He alleged that Stephenson executed and delivered to S. B. Wilkins the note sued upon, and that it was indorsed by Anderson, Armistead, and Harris, as sureties of Stephenson. The petition • set forth that Wilkins, the original payee of the note, discounted it with the Georgia National Bank of Athens, and that it was not paid at its maturity; that after its maturity he paid the note as one of the sureties, and became subrogated to the rights of the bank as against Stephenson, Harris, and Armistead. A demurrer was filed by Armistead, in which it was contended that if the plaintiff had any cause of action against the defendants, it was not a joint cause of action, but several, and therefore, that the city court of Athens had no jurisdiction over the person of Armistead, the petition alleging that Armistead was a resident of Oglethorpe county. The suit being in default as to Stephenson and Harris, the court rendered a judgment sustaining the general demurrer to the jurisdiction of the city court of Athens as to the defendant Armistead.