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S. E. CONSTRUCTION CO. v. GLENS FALLS IND. CO.

32878.

81 Ga. App. 770 (1950)

59 S.E.2d 751

SOUTHEASTERN CONSTRUCTION COMPANY, for use, etc. v. GLENS FALLS INDEMNITY COMPANY.

Court of Appeals of Georgia.

Rehearing Denied June 14, 1950.

Attorney(s) appearing for the Case

Miller & Head, for plaintiff.

MacDougald, Troutman, Sams & Schroder, Gilmer A. MacDougald, Louis D. Yancey Jr., as amici curiae.

Powell, Goldstein, Frazer & Murphy, J. Winston Huff, for defendant.

MacINTYRE, P. J.

1. The motion to dismiss the writ of error, which is made in the brief of counsel for the defendant, on the ground that one of the parties defendant in the trial court was not named as a defendant in error in this court, is denied. When in an action on a bond the principal and the surety are made joint defendants, the cause of action is several though the defendants may be joined in one action (Griffin...

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