FUNDERBURG v. FARR FURNITURE CO.

41060.

111 Ga. App. 271 (1965)

141 S.E.2d 600

FUNDERBURG v. FARR FURNITURE COMPANY.

Court of Appeals of Georgia.

Decided March 8, 1965.


Attorney(s) appearing for the Case

Thurmond, Hester, Jolles & McElmurray, Otis F. Askin, for plaintiff in error.

Henry J. Heffernan, contra.


RUSSELL, Judge.

1. Where a cause of action is set out against an individual defendant as to what is in fact a joint liability of that defendant and another, if the fact appears on the face of the petition the point may be made by special demurrer (Merritt v. Bagwell, 70 Ga. 578, 585); if it does not so appear, the defense that there is a lack of a necessary party must be raised by a plea in abatement filed at the first term. Bray v.

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