Waddell v. City of Atlanta
Waddell v. City of Atlanta
Opinion of the Court
1. In a joint and several tort action against several defendants the judgment sustaining special demurrers filed by one of the defendants with leave to amend is not reviewable by this court. Code Ann. § 81-1001 and cases cited under catchword “Demurrers.”
2. In such an action the judgment sustaining special demurrers of another defendant, the grounds of which were multifariousness and misjoinder of parties defendant, is not a final judgment reviewable by this court. In such a case the plaintiff has an election (1) by amendment to strike such causes of
Since there is no final judgment and since the action is still pending in the trial court as to all of the defendants the writ of error must be dismissed. Bagley v. Bagley, 194 Ga. 154 (20 SE2d 760).
Writ of error dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.