144 Ga. 377 | Ga. | 1915
(After stating the foregoing facts.)
The judgment vacating the service as to the defendant W. B. Smith, and that sustaining the general and special demurrers of the defendant M. J. Smith, were rendered at the hearing. No ground of demurrer complained of a nonjoinder or misjoinder of parties, nor was any motion made to dismiss the case for lack of parties after the vacation of the service as to W. B. Smith. But inasmuch as the petition stated an equitable action • against the defendants, including the defendant W. B. Smith, it was erroneous to dismiss the petition on demurrer. That judgment is reversed, with direction that leave be granted the plaintiff in error, by appropriate order, to provide for the service of the petition upon W. B. Smith.
Judgment reversed, with direction.