WESTERN CASUALTY &c. CO. v. INGALLS IRON WORKS CO.

39697.

106 Ga. App. 727 (1962)

128 S.E.2d 381

WESTERN CASUALTY & SURETY COMPANY et al. v. INGALLS IRON WORKS COMPANY.

Court of Appeals of Georgia.

Decided October 8, 1962.


Attorney(s) appearing for the Case

William T. Brooks, James B. McGregor, for plaintiffs in error.

John L. Westmoreland, John L. Westmoreland, Jr., Harry P. Hall, Jr., M. K. Pentecost, Jr., contra.


FELTON, Chief Judge.

The joint plea in abatement in this case is not the proper ground upon which the joint action as to all parties defendant may be abated. The suit pending against the subcontractor is upon open account. The present suit against the general contractor and its surety, upon the general contractor's bond, is an action on the bond to which the subcontractor is not a party. All of the defendants or any one...

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