Neil v. Dow Law Bank

138 Ga. 158 | Ga. | 1912

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.