23 Ga. App. 430 | Ga. Ct. App. | 1919
G. O. Swain sued E. H. Ellis, of Jeff Davis county, and Henry C. Ellis and B. Morris, both of Coffee county, jointly, in the city court of Hazlehürst. The petition alleged that the defend- .
The city court of Hazlehurst was without jurisdiction to entertain and try this suit, which was against H. C. Ellis, as constable, and B. Morris, as his bondsman, both residents of Coffee county, and against E. H. Ellis, who resided in Jeff Davis county, the county of the suit, since a suit on the bond of the defendant H. C. Ellis—an action ex contractu—could not be brought in Jeff Davis county, the residence of neither the principal nor the surety on the bond, by merely joining in the suit E. H. Ellis, a joint tort-feasor with H. C. Ellis in certain acts in which his bondsman did not participate. The court erred in overruling the demurrer which attacked the petition upon the ground that there was a misjoinder of causes of action and of parties.
Judgment reversed.