Parker v. Cochran
97 Ga. 249 | Ga. | 1895
1. A demurrer to an equitable petition on tbe ground that it “bas not all tbe proper parties to it,” is defective in that tbe demurrer fails to state tbe name of any person wbo should be made a party.
2. Upon tbe facts alleged, there was no misjoinder of parties, and tbe plaintiff’s petition was not multifarious. There was equity in the petition, and it was error to dismiss it as to some of tbe defendants; and as to another defendant, to dissolve tbe restraining order previously granted, and, without bearing evidence, to refuse tbe injunction prayed for, on tbe ground that the petition was without equity. Judgment reversed.