99 Ga. 81 | Ga. | 1896
It appearing from a general view of the -entire scope of the plaintiffs’ petition to marshal the assets of 'their intestate’s estate, and for other relief therewith connected, -that an adjudication of the various matters to which the petition relates is essential to a due and proper administration of the estate, the petition was not demurrable as being multifarious or because of misjoinder of parties, although the relief prayed against some of the defendants was of a distinct character from •that prayed against others, and as to many of them related to matters in which the other defendants had no interest or concern. The plaintiffs had a common interest, as against all of the defendants, in having the affairs of the estate so adjusted as to enable 'them to properly administer it; and the several interests of the defendants were sufficiently connected to- render all of them proper parties. Accordingly, the court erred in sustaining a demurrer to the petition. City Bank of Macon v. Bartlett, 71 Ga. 804-806, and authorities there cited; Cohen v. Wolff & Buchwald, 92 Ga. 199; Bowden v. Achor, 95 Ga. 243.
Judgment reversed.