167 Ga. 891 | Ga. | 1929
A bank became insolvent, and was taken in charge by the superintendent of banks. Certain persons instituted an action against the officers of the bank. It was alleged tliat the bank was insolvent more than two months before it closed; that the defendants knew of such in
1. The bank was not a party, and the suit was not for breach of an implied contract. The action was at law against the officers, based on tort.
2. The joinder of two plaintiffs suing for separate torts and both plaintiffs suing as members of a class, with the privilege of other persons of the class to become parties to the action, suing upon separate torts, does not characterize the action as a suit in equity.
3. This court has not jurisdiction. Accordingly the case will be transferred to the Court of Appeals, which has jurisdiction.
Transferred to Court of Appeals.