Supreme Court of Georgia, 1912

Neil v. Dow Law Bank

Neil v. Dow Law Bank
Supreme Court of Georgia · Decided May 15, 1912 · Beck
138 Ga. 158; 74 S.E. 1027; 1912 Ga. LEXIS 236

Neil v. Dow Law Bank

Opinion of the Court

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.

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