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WRIGHT CONTRACTING CO. v. WALLER

34950, 34999, 35000.

89 Ga. App. 827 (1954)

81 S.E.2d 541

WRIGHT CONTRACTING COMPANY v. WALLER. TUGGLE v. WALLER; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied March 17, 1954.

Attorney(s) appearing for the Case

Anderson, Anderson, Walker & Reichert, for Wright Contracting Co.

Erwin Sibley, for W. E. Tuggle.

Randall Evans, Jr., Peter J. Rice, for W. I. Waller.

FELTON, C. J.

1. We shall first consider case number 34950, Wright Contracting Company v. Waller.

(a) The defendant in error moves for a dismissal of the writ of error on the ground that the plaintiff in error did not name his joint defendant below as defendant in error in his bill of exceptions. The motion is without merit. Each defendant filed separate demurrers to the petition as recast, not challenging...

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